Archived
Is it better to go with a retainer lawyer if the employer has an arbitration agreement in a wrongful termination case?
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Answered on October 26, 2017
Most employment lawyers would do a case like that on contingency (if at all). Because your termination appears to be in violation of the Fair...
We know about the Statute of limitations for medical debt is 4 years, how do we use this as a defense exactly?
Neil's answer
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Answered on October 26, 2017
If you are being sued, you must plead the statute of limitations as an affirmative defense in your answer to the complaint. Thereafter, you either...
IIs it possible to sue our gap company for the denial of a claim?
Neil's answer
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Answered on October 24, 2017
This is probably going to come down to the exact language in the policy excluding coverage where there is a DUI involved. If the exclusion applies...
Archived
Is a Motion to Strike Defendant's pleading(response) OK if Defendant did NOT comply with the deadline specified by the judge?
Neil's answer
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Answered on October 24, 2017
I would not file a motion to strike or a motion to quash. However, I would file a notice with the court pointing out that defendant failed to file...
Archived
How do i handle dealing with rear ending someone if there is almost no damage but minor paint scuff?
Neil's answer
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Answered on October 24, 2017
While its unlikely, it is possible that the other driver will make a personal injury claim. If so, notify your insurance company immediately and...
Archived
What recourse do I have to regain payment of a personal loan that was only a verbal agreement?
Neil's answer
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Answered on October 23, 2017
Assuming the debtor failed to make the payment, you could sue for breach of oral contract. You may have a problem enforcing the 100% interest rate...
Archived
What would my neighbor have to prove to sue me for nuisance barking to secure any kind of significant damages in California?
Neil's answer
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Answered on October 23, 2017
Your neighbor would have to prove that your dogs interfere with the use and enjoyment of his property. If I were advising him, I would recommend...
Archived
How do I use evidence which impeaches material allegations in declaration in support of motion to set aside default & judgment?
Neil's answer
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Answered on October 19, 2017
You need to file an opposition. In addition, I would file a Request for Judicial Notice pursuant to Evidence Code section 452 of the court records...
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Archived
My daughter got in car accident her car totoled her neck and back hurt plus air bags didnt go off?
Neil's answer
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Answered on October 19, 2017
Its not unusual for air bags to not deploy in accidents in which there is no front end impact. This also happens when the impact is not that...
I was awarded monetary sanctions against 2 plaintiffs and their attorney. They got notice & I sent a demand for pymt letter.
Neil's answer
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Answered on October 18, 2017
A monetary sanction order is a judgment and it is enforceable in the same manner. You could garnish wages, levy bank accounts, or record an...
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