Archived
When wanting to subpoena phone records for an employee of a business, is the subpoena served on the business or phone company?
Neil's answer
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Answered on June 12, 2017
It depends who the adverse party is. If you are suing the business (but not the employee) the notice is served on the business. When you serve...
Archived
If my son and I are both being sued. Do we both have to be served before they can continue with the lawsuit?
Neil's answer
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Answered on June 12, 2017
Once you are served, you have 30 days to file an answer or other responsive pleading. This is true whether they ever succeed in serving your son...
Can I change lemon law attorneys?
Neil's answer
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Answered on June 12, 2017
You can always switch attorneys, but if you do, your prior attorney will still have claim for his fees. Your prior attorney would argue that since...
Can a judgment be renewed every 10 years indefinitely? or is there a limit to one renewal only?
Neil's answer
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Answered on June 09, 2017
Yes, it can be renewed indefinitely. As a practical matter, this usually does not happen, but it could.
Why can't I find an attorney to fight for my daughter's rights against the boy who sexually assaulted her at school?
Neil's answer
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Answered on June 09, 2017
This is a fairly unusual specialty. If you have a good case (and it sounds like you do) you may find an attorney from the Bay Area or southern...
Archived
Can I file a demurrer after I have answered a jury trial has been set for Monday and it's now friday?
Neil's answer
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Answered on June 09, 2017
The service issue should have been raised by a motion to quash. Once you file an answer, you waive that defect. The failure to specify time and...
Archived
Can my fiance subpoena my state taxes and tax return information?
Neil's answer
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Answered on June 08, 2017
Unless there is a lawsuit pending between you and your fiance, she cannot issue subpoenas for any purpose. If there is a pending lawsuit,...
Archived
How can I request documentation through discovery regarding other contract disputes that have arisen over the past 5 years?
Neil's answer
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Answered on June 08, 2017
You can ask for anything you want. If you do ask for this type of information and documents, most likely you will get a bunch of objections...
Can I be personally sued in small claims court for a debt from a business (LLC) for the amount of $10,000?
Neil's answer
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Answered on June 07, 2017
You could file a small claims appeal. If you did, the case would be tried again de novo as if the first trial never happened. I think your...
Is it possible to obtain cell phone records as a private citizen? Can an attorney ask for it? Or only in conjunction a suit?
Neil's answer
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Answered on June 07, 2017
You would need to file a lawsuit and subpoena the phone records. Even then, the defendant might fight you on this issue. If you have collision...
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