Federal Rule of Civil Procedure section 60 (relief from void judgment) govern civil actions in the superior/state/trial court?
Neil's answer
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Answered on April 01, 2024
No. The Federal Rules of Civil Procedure only apply in federal court. For California state court actions, the California Code of Civil Procedure...
How do I get an insurance company to pay for my vehicle repair when their driver only has low coverage insurance ?
Neil's answer
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Answered on April 01, 2024
If your daughter has collision coverage, she should make a claim on her own insurance policy. If not, she should look into whether the driver has...
Which version of the Complaint is deemed current, i.e. operational?
Neil's answer
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Answered on April 01, 2024
If the motion to file a third amended complaint was granted, and the third amended complaint was served on you, then the operative pleading is the...
HEARSAY RULE, can i use the rule on summary judgement response? will it be strong enough to win the case for a settlement?
Neil's answer
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Answered on April 01, 2024
You did not supply enough information to answer the question. Hearsay is defined evidence of a statement made other than by a witness while...
What should be response to request to authorize release of medical records?
Neil's answer
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Answered on March 29, 2024
It depends on the circumstances, and what is in the medical records. I generally avoid providing medical records authorizations to adverse...
Wrongful termination? ?
Neil's answer
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Answered on March 29, 2024
Your employment is protected for at least 12 weeks while you are out on disability leave. In other words, if they terminate you within 12 weeks...
Can a contract be shown to exist by stating so in a sworn declaration without attaching the actual contract?
Neil's answer
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Answered on March 29, 2024
You may allege breach of written contract by alleging the essential terms of the contract that you contend the defendant breached. You do not...
Shall plaintiff also notify by mail all parties about judge's order?
Neil's answer
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Answered on March 28, 2024
If the order directs you to give notice to all other parties, you should give notice to all other parties. If the other parties have provided...
Do you serve non party trial subpoenas on opposing counsel??
Neil's answer
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Answered on March 28, 2024
Assuming you are subpoenaing a non-party to appear at trial, you do not need to serve a copy of the subpoena on opposing counsel. However, if...
Can a law firm be registered before an attorney is admitted provided they don't engage in providing any services?
Neil's answer
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Answered on March 27, 2024
There is no such thing as law firm registration in California. Either an attorney is admitted to the bar or not. The State Bar only gets involved...
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