Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence
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Answered on February 14, 2024
If you did everything right, you should be able to get punitive damages by way of a default prove-up declaration. However, for that to work, you...
California wrongful termination / discrimination case
Neil's answer
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Answered on February 14, 2024
When the attorney finds out about it, he or she would probably sue you for breaching the fee agreement, and the settling defendant for...
What case law do i cite in a motion in a case in a State Supreme Court?
Neil's answer
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Answered on February 12, 2024
I'm assuming you mean a motion in state superior court. If so, generally you can cite case law from the court of appeal, the California Supreme...
Who do you go after?
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Answered on February 12, 2024
Your only remedy is against the driver. Since the policyholder was neither the driver nor the registered owner of the vehicle, he has no liability...
Are there potential grounds for an appeal if a Judge awards damages exceeding what he had authority to award?
Neil's answer
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Answered on February 12, 2024
Yes there are potential grounds for an appeal, but only if the court issued a statement of decision. If it did not, you must request one. ...
Is a "Notice of Opposition To Demurrer" and a "Notice of Opposition To Motion To Strike" needed when filing those documents?
Neil's answer
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Answered on February 12, 2024
Its unnecessary to submit a notice when you file your oppositions, because the moving party's papers already contain the notice. I'm not sure...
Do I need to request facts/documents in support of their affirmative defense or just leave it for trial?
Neil's answer
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Answered on February 12, 2024
I have no idea what your question means. As a general rule, its a good idea to conduct discovery into the defendant's affirmative defenses.
Which kind of business should I register for, as an up and coming artist?
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Answered on February 09, 2024
You do not need to incorporate or form an LLC to operate a business. If you do incorporate or form an LLC you will pay the state $800 per year,...
Documents show manager contradicting in wrongful termination?
Neil's answer
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Answered on February 08, 2024
Your question is not clear. Are you saying you have documents that prove that the reason the manager gave for terminating you is a pretext? ...
Can I appeal or file a case in a Federal Court is my case was demurred without leave to amend in a state court?
Neil's answer
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Answered on February 07, 2024
If your case was dismissed after a demurrer was sustained without leave to amend, your remedy would be to file an appeal. You cannot file another...
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