Can I File A Late Demurrer AND or a Late Motion To Strike An Answer That Was Not Filed By My Former Attorney When He Failed To.
Andrew's answer
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Answered on June 27, 2017
The fact that your attorney failed to file a timely pleading is no cause to allow you to do so without first seeking permission of the court. ...
Archived
How many days do I have to answer a complaint after plaintiff servicing me with a second amended complaint?
Andrew's answer
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Answered on June 27, 2017
I respectfully disagree with my colleagues. Per Code of Civil Procedure section 471.5, if the Complaint has been amended, then the defendant shall...
Archived
What are my rights and limitations selling my share of an s-corp ?
Andrew's answer
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Answered on June 26, 2017
I agree with my colleagues and only add that any agreement that is reached with the other owners be placed into writing. Multiple reasons for...
Archived
When an owner sells the house and tenant moves out what happens to the UD case?
Andrew's answer
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Answered on June 26, 2017
Unless it is dismissed with prejudice before trial, it still goes forward. I gather that the sale has not yet closed and is still pending. Meaning...
Archived
Why am I being required to sign the personal guarantee on the lease for my fiance's new business?
Andrew's answer
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Answered on June 26, 2017
You are correct in your feelings. Understand that if the creditor can persuade someone to guarantee or co sign onto a loan or lease, so much the...
Archived
For multiple def's with differing requests for admission, does each def need to be served a copy of the other def's requests?
Andrew's answer
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Answered on June 22, 2017
Yes. You serve all discovery requests and responses to each party who has appeared in the case.
Archived
Should include my employee in my suit against my business partner (breach of fiduciary duty)?
Andrew's answer
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Answered on June 21, 2017
What you should do is immediately consult with a local business litigation attorney who can review your matter and provide you a plan of action....
Can I refuse to sign a interspousal deed?
Andrew's answer
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Answered on June 21, 2017
Believe it or not, the questions you pose are serious and not simple. If you sign the interspousal deed, then you are disclaiming any interest you...
Do I neee to attach a declaration by an attorney?
Andrew's answer
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Answered on June 21, 2017
If you have an attorney, you should be asking them if they that their declaration provides any evidence for the arguments being advanced. Unless...
Defendant filed answer without paying the filing fee. Does this mean that the answer is invalid and go for a default judgment?
Andrew's answer
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Answered on June 21, 2017
Not unless the court has rejected the filing or stricken the Answer filed. Until that occurs, any attempt by you to take a default will be...
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