Archived
Do I have to respond to a lawyer whose case is going to trial? I do not want to testify. It's a copyright infringement case.
Lloyd's answer
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Answered on May 16, 2013
If you are served with a subpoena, and you are within the jurisdiction of the court, yes you do. If you are not subpoenaed then you don't have to...
Archived
How do you file a motion to set aside a judgement, cause I was never served
Lloyd's answer
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Answered on May 16, 2013
There is no form for such a motion. Have you called the plaintiff's counsel first to see if the plaintiff will set aside the judgment? It is...
Discovery cut-off: how may days before trial? How many days prior to trial can further discovery be propounded (mail service)?
Lloyd's answer
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Answered on May 15, 2013
The discovery cutoff is 30 days prior to trial. That means that the discovery has to be due on or before 30 days before trial. You can notice a...
What is a Short Cause - Civil Trial Assignment?
Lloyd's answer
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Answered on May 15, 2013
A "short cause" trial is just that-a trial which is expected to be short. Usually, a short cause matter is something that could take an hour to...
Archived
Do I have to answer form interrogatories after my demurrer to a complaint was sustained with leave to amend?
Lloyd's answer
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Answered on May 15, 2013
As long as the demurrer was sustained with leave to amend, the discovery is still valid. From a practical point of view, however, you will have to...
Archived
Is there a Form that can be used to oppose a Demurrer filed under an Unlimited Civil Case in Ventura?
Lloyd's answer
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Answered on May 14, 2013
Even before you prepare your opposition you must first decide whether you wish to oppose the demurrer or not. Instead of opposing the demurrer you...
Archived
If an outside counsel responds to a pre-litigation demand letter, can I safely serve him with the process?
Lloyd's answer
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Answered on May 14, 2013
No. The fact that the potential defendant has retained an attorney does not give you the right to serve the attorney for the defendant. However,...
At the deposition of x-defendant, can I question him about the affirmative defenses in his answer?
Lloyd's answer
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Answered on May 14, 2013
Absolutely. That clearly falls within the discovery of admissible evidence CE.
Archived
When and how to file opposition and reply to opposition in motions in civil lawsuit?
Lloyd's answer
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Answered on May 14, 2013
The code reads that the opposition and reply should be served in a way that will likely result in the other side receiving the briefs the next day....
Archived
No judgements have been entered. We go back to court next month. Can i request that we see the facilitator and mediator again?
Lloyd's answer
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Answered on May 14, 2013
The court would not be able to "order" the parties into mediation if your first mediation was a court ordered mediation. However, the court could...