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Can a spouse get copies of text CONTENT (not just dates and phone numbers) if the spouse believes the partner is cheating? AT&T
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Answered on June 05, 2013
Were you in California (where I practice) these are deemed "consumer records" in the parties' zone of privacy requiring notice to the parties whose...
Is proof of service by mail valid, when mail was never received?
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Answered on May 20, 2013
Service by mail is expressly permitted by statute (Code of Civil Procedure § 1013(a) [first class mail) and § 1013(c) [Express Mail]) and is deemed...
Archived
Local law rule 27? Only bits and pieces? or all of it?
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Answered on May 20, 2013
This response assumes that your case is pending in the Franklin County Court of Common Pleas - Domestic Division. If the court simply ordered the...
Archived
If I'm just asking for division of real estate do I need a forensic account or an appraiser? Does the court require an expert?
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Answered on May 20, 2013
You have two separate issues -- the real estate and the business.
As to the real estate, your question implies all are community property and...
Someone subpoenaed my bank records without notifying me, on a case I'm not a party to.
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Answered on May 20, 2013
The banks, by definition, are custodians of consumer records ["personal records"] under Code of Civil Procedure §1985.3(a)(1). The statute...
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Archived
I want to know if I have grounds to dismiss a small claims case that is being brought against me before going to court.
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Answered on March 16, 2013
My colleagues have answered the jurisdictional limit question. Be prepared to challenge the plaintiff's damages claims at trial. As to your...
Can a pharmacy forward my records to another pharmacy?
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Answered on March 11, 2013
As a general rule, the restrictions of federal law (HIPAA) should preclude them from doing so without your consent. By the same token, most...
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How can I have witnesses who although not Defendants, they are colleagues to the Defendants, answer some interrogatories ?
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Answered on March 07, 2013
The three CDC employees who are not defendants are not parties and therefore cannot be served with or required to answer written interrogatories. ...
Archived
I had a website built for me by a California website developer but I did not pay for it. Is it my property? Thank U.
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Answered on February 10, 2013
In the interest of providing a constructive response, let me discuss the following issues.
1. First, as to the graphics and content of the...
Archived
I am a family member in a family business and not on a payroll. Can I go to court for my family business?
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Answered on February 10, 2013
A business other than a sole proprietorship (e.g., John Doe, doing business as ABC Sales) can appear in a California court only through an...
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