I filed a motion to quash but CCP §418.10(b) says it has to be heard within 30 days. 1st avail. date was past that. What do I do
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Answered on December 12, 2013
You have nothing to be concerned about. Due to state-wide budget cuts, courts across the state are experiencing staffing shortages, furloughs,...
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Can I file a lawsuit against a defendant in state court after the defendant filed a lawsuit against me in small claims court for
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Answered on December 11, 2013
The answer to your question depends on how "related" the actions are. If the claims involve a common question of law or fact, the court may order...
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Are words in a writ of mandate allowed to be underlined or in bold?
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Answered on December 11, 2013
The short answer is yes: you are allowed to underscore or boldface words for emphasis in appellate briefs. Case names must be italicized or...
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I am being sued by my tenant for not returning their security deposit, yet i have proof of mailing. On the complaint that was
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Answered on December 11, 2013
The necessary elements for a breach of contract claim are (1) the existence of a contract, (2) the plaintiff's performance or excuse for...
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Do I need to respond to my ex-husbands response to declaration?.
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Answered on December 11, 2013
All papers opposing a motion need to be filed and served at least nine court days (meaning: not including weekends or court holidays) prior to the...
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Does of make any difference if you file as petitioner or not?
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Answered on December 11, 2013
In certain circumstances there can be technical procedural differences; for example, if you are the petitioner and after serving your spouse he or...
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I am in a custody battle right now. My ex served a civil subpoena to one of my friends himself. Is this a proper way to serve?
Joshua's answer
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Answered on December 11, 2013
To answer your actual question (regarding adequacy of the service):
Any person may serve a subpoena. Code Civ. Proc. §1987, subd. (a).
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What are my changes on the judge granting my RFO
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Answered on December 11, 2013
The chance of getting a judge to reduce child support retroactively (to a date prior to filing the request) is approximately zero. It is highly...
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Default stage in divorce, don't know what to do now??!
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Answered on December 11, 2013
Before doing anything else, your friend needs to attempt to stop the default proceedings by filing a motion to set aside default and for leave to...
A friend receive a cell phone ticket. She was parked in a parking lot with the engine running. Is this a valid ticket?
Joshua's answer
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Answered on December 11, 2013
The law says that “A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and...
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