Archived
In federal court and after all the defendants were served the summons and complaints, is it proper for the palintiff or
Shalem's answer
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Answered on August 22, 2012
Normally, once a party appears in the case, you can mail all future motions/discovery/communications to that party. But they must first appear in...
Archived
How persuasive is a Supreme Court opinion from another state in a California Superior Court?
Shalem's answer
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Answered on August 21, 2012
A decision from another State is not mandatory on a California court. How persuasive it is will depend on what California cases say. Usually, if...
Archived
How to fight mechanic lien on supplier
Shalem's answer
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Answered on August 21, 2012
I agree with the above responses, but would add the following. Assuming the lien is good, you may still be able to go after the general contractor...
Motion to file an extension on discovery request
Shalem's answer
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Answered on August 21, 2012
No, there is no standard form. Moreover, opposing counsel does not have to give you an extension and I'm not sure the court will either. The Code...
Archived
Is it a criminal or civil if I gave an individual $10K for a real estate deal that was never performed and he kept the money?
Shalem's answer
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Answered on August 15, 2012
Sounds like a civil matter.
Archived
Case is in the US District Court - Central California. Are General Objections to discovery requests improper?
Shalem's answer
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Answered on August 15, 2012
No, general objections are not proper. See Fed. R. Civ. Pro. 34(b)(2)(B); see, also, U.S. v. Philip Morris Inc., (2003 D.C. Cir.) 347 F.3d 951;...
Archived
Who usually serves a subpoena? What basic rules must be followed in giving a subpoena.
Shalem's answer
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Answered on August 15, 2012
Sure. You can serve a subpoena anywhere, not just the person's home. So if you know the person will be present at some event or location, you can...
Archived
Opposition wants to dismiss based on 1005(b). Now what? Can I just go to the Court and extend the Court date?
Shalem's answer
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Answered on August 15, 2012
Unfortunately, you missed the §1005(b) deadline by one day. You did not say what kind of motion this is, so I'm not sure if you have a deadline to...
Archived
I filed a motion to be heard on 11/14/12. I would like to amend this motion. Do I re-type, file, and reserve?
Shalem's answer
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Answered on August 15, 2012
There are a few things you may be able to do. One: file an amended motion and serve it. Two: depending on what the new information is, you may be...
Archived
I filed a civil complaint 7/11 case was removed to fed court 10/11 case was remanded back to state 1/12. The court set the TRIAL
Shalem's answer
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Answered on August 15, 2012
My first thought is to file the ex parte to continue the trial. However, there may be a reason for not doing so depending on the reason the judge...
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