Archived
Is asking for the case to be determined on the merits the equivalent to a Summary Judgment or Demurrer?
Andrew's answer
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Answered on September 28, 2017
It is not possible to know from your description what the Motion was that was granted. It was certainly NOT a demurrer which occurs, if at all,...
Archived
Evicting a family member that over stayed our verbal agreement?
Andrew's answer
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Answered on September 28, 2017
There appear to be larger issues that you are facing with your daughter than her excessive stay in your residence. I would suggest that you sit...
How do I collect a judgment I won against a LLC that is now trying to evade or hide its assets?
Andrew's answer
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Answered on September 28, 2017
There are a number of steps that can be taken but they all involve knowing whether the LLC has any assets to attach. You may consider speaking with...
Archived
Do i need to serve the agent for service or attorney with amended complaint?
Andrew's answer
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Answered on September 27, 2017
Confusing. What happened at the Demurrer hearing? Incidentally, first you say demurrer and then you say Motion to Strike. Which one was it ? A...
Archived
Can I request additional sanctions for reasonable expenses for filing a response to an opposition of a motion?
Andrew's answer
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Answered on September 27, 2017
No, your request was set and established in the main motion. Instead, concentrate on "winning" the motion and getting the relief you are seeking...
Archived
What type of ownership should the property be in.?
Andrew's answer
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Answered on September 27, 2017
She can create a Will which would provide that upon her death the property be distributed to you. Otherwise, placing you on title now can create...
If I withdraw my lawsuit, can I be sued for attorney fees from the opposing side?
Andrew's answer
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Answered on September 27, 2017
That depends. Was there a written agreement between you and the other party that is the focus of your lawsuit? If no, then probably not. One would...
Archived
I am doing special interrogatories. Am I allowed to ask:
Andrew's answer
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Answered on September 27, 2017
That is a proper and recommended question to ask. That type of question is usually followed by two more asking for (1) the identity of any persons...
Archived
In reclassifying a contractor to an employee, do I need to amend all Business and Personal returns?
Andrew's answer
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Answered on September 25, 2017
You should best ask these questions of your accountant and follow their advice.
Archived
Can a plaintiff file the same claim in a courthouse in a different county after the original case was dismissed?
Andrew's answer
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Answered on September 22, 2017
If the original claim was dismissed without prejudice and if the statute of limitations has not expired, then there is no prohibition against...
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