Archived
How long to do I have to file a demurrer to an answer for failure to state a defense (under California law)?
Neil's answer
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Answered on March 22, 2016
You are correct that you have 10 days from service to file a demurrer to an answer (you get an extra five days if the answer was mailed to you). I...
Archived
Statue of limitation for medical malpractice
Neil's answer
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Answered on March 21, 2016
I agree with Ms. Vaccaro. There are a few ways in which the statute of limitations may be tolled. For example, you could prove that your father...
Archived
How long do I have to file an opposition to a demurrer in OC superior court?
Neil's answer
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Answered on February 25, 2016
Sagar is correct. Keep in mind that the opposition must be served so that delivery is made the next day after you file it. This means either you...
Archived
I want to know do I have to? More importantly, could this potentially help or hurt the case?
Neil's answer
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Answered on February 25, 2016
If you are subpoenaed to testify, you are required by law to testify and you could face contempt of court charges if you do not. Whether it helps...
Archived
In California, if you file a notice of appeal but later do a motion for new trial, can you file a second notice of appeal?
Neil's answer
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Answered on February 23, 2016
The court's denial of your motion for new trial is itself appealable. Therefore, your best bet would be to file an appeal of the denial of that...
Archived
Appealing sustained demurrer ruling.
Neil's answer
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Answered on February 23, 2016
The wording of the order or the court's decision does not matter. The issue is whether it is correct as a matter of law. In other words, on...
Archived
Whats cost can i recover and can I recover attoney fee's ?
Neil's answer
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Answered on February 23, 2016
You can recover attorney's fees if your written lease contains an attorney's fees clause. Otherwise, you can always recover filing fees,...
Archived
In California can a party try some sort of early judgment if the opposing party refuses to partake in deposition?
Neil's answer
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Answered on February 22, 2016
You must file a motion to compel the deposition of the opposing party. If the motion is granted, and the opposing party still refuses to give a...
Am I responsible for paying this doctor bill because my insurance provider went bankrupt without any notice?
Neil's answer
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Answered on February 19, 2016
Yes, you are responsible for the bill. That said, I don't think Assurant went bankrupt. If it did, you could put in a claim with the California...
Archived
Need review and advice on retainer agreement with attorney
Neil's answer
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Answered on February 17, 2016
If you have a strong case, you should be able to find an attorney to represent you on a contingency fee basis. A good attorney would probably add...
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