Is a Proof of Service defective when it was served with two incomplete dates. One was December__2010 and the other June__2011
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Answered on May 09, 2013
When the motion to deem admissions was heard did you file a written opposition 9 court days prior to the hearing? Did you appear to oppose the...
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I am confused about Motion to Compel Further Responses...
Lloyd's answer
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Answered on May 09, 2013
Your motion must be filed within the 45 day limit, not heard. You are correct. With respect to calling the court, you correctly indicate that many...
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What form is needed to file a request for a continuance on a hearing?
Lloyd's answer
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Answered on May 08, 2013
The answer is that there is no answer to your question-can you get an extension. First, there is no form. Many lawyers will just go to the hearing...
Proof of Service to the Opposing Party required during Discovery Process?!
Lloyd's answer
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Answered on May 08, 2013
When you serve discovery, whether you are propounding written discovery to the other side, or whether you are responding to discovery, you should...
If you are sued in CA limited civil court for less than the max ($25,000), can a judge rule for punitive/legal in excess of 25k?
Lloyd's answer
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Answered on May 08, 2013
No, you are limited to a judgment of $25,000 plus attorney fees and costs. Punitive damages would be part of the $25,000 limit. There are some...
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What is the proper procedure for an extension of time to respond to a complaint?
Lloyd's answer
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Answered on May 07, 2013
Actually, it is your responsibility to be prepared for the Case Management Conference. ("CMC") The court might ask you why you agreed to extend...
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Can a debt collector sue me from any place (city, state, jurisdiction), they want? Can I be sued from NY when I live in CA?
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Answered on May 07, 2013
If you are located in California, a plaintiff, under certain circumstances, can sue you in court in New York, and in certain circumstances in court...
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What makes a good Oral Argument? I have one scheduled for 5/23 and want to know what I should highlight to the panel of Judges.
Lloyd's answer
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Answered on May 07, 2013
You say "panel" of judges so I assume that this is a case in front of the California Court of Appeals. The most important thing to know as that...
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If I was hand-served discovery, can I mail the responses back?
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Answered on May 07, 2013
You are correct. Merely because the discovery was served upon you via personal delivery does not mean that you are precluded from mailing the...
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Suit for $5,000 was filed as civil limited but should have been small claims--how do I force the switch to small claims?
Lloyd's answer
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Answered on May 07, 2013
Although a case where the amount in controversy is only $5,000 may be filed in small claims court, it is not required to be.