Does a Plaintiff have to mail the Certificate of Default Entry to Defendants who are in default for failing to answer Complaint?
Michael's answer
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Answered on March 17, 2021
A defaulted defendant is not entitled to any notice, except the request for entry itself. However, many practitioners will serve a copy by mail to...
Anti-slapp?
Michael's answer
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Answered on March 17, 2021
A motion to quash and a demurrer? Last time I looked, a demurrer is a general appearance.
Does an anti-SLAPP motion stay discovery if it has already been propounded?
Michael's answer
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Answered on March 17, 2021
Yes, the filing stays discovery. I would get an acknowledgment from opposing counsel concerning any outstanding discovery.
How long does someone have to file and serve opposition to an anti-SLAPP motion to strike?
Michael's answer
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Answered on March 17, 2021
Opposition is due nine *court* days prior to the hearing. You may wish to retain counsel. If you lose, you will be paying hefty attorney fees.
I hired an attorney. I changed my mind. He won't give me my money back.
Michael's answer
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Answered on March 17, 2021
We do not have "non-refundable" fees in CA. However, even if you did not sign the retainer agreement, the attorney is still entitled to a...
How to respond when a party tries to re-litigate the same issues in a new case?
Michael's answer
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Answered on March 17, 2021
If you filed in small claims court, you might discover small claims judgments have little, if any, res judicata or collateral estoppel effect....
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Breach of contract?
Michael's answer
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Answered on March 17, 2021
It appears you paid hourly or a fixed fee for review of your case and, after that, entered into a contingency fee contract before filing the...
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Amended cross-complaint?
Michael's answer
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Answered on March 16, 2021
Obtain an agreement with opposing counsel concerning when your response is due. You only need respond to the amended cross-complaint. You do not...
Can a Creditor report reposession on a vehicle that was discharged in a Ch7-BK in 2019??
Michael's answer
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Answered on March 16, 2021
A voluntary surrender is the same as repossession. There doesn't seem anything wrong with the notations in your credit report.
How can the plaintiff collect and enforce the judgment?
Michael's answer
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Answered on March 16, 2021
Prior to judgment, you can insert the true name of the individual. Alternatively, after judgment the same might be done by motion. BTW, the caption...
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