When filing a Motion to Quash Service of Summons, how many days of notice is needed from the filing date?
Jason's answer
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Answered on August 26, 2011
It sounds like the question may be referring to Motions to Quash in an UD case. If that is the case, the deadlines are different.
A Motion to...
Does the Defendant have to pay for expert witness hourly fee for their deposition?
Jason's answer
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Answered on August 26, 2011
The expert being deposed is entitled to what is called a "reasonable and customary" fee to be deposed. This fee is due at the time the deposition...
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Which law from California Rule of Evidence Code and Federal Rule of Evidence is used to request judicial notice for letters?
Jason's answer
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Answered on August 26, 2011
You cannot take judicial notice of these correspondences as they are hearsay. If you want to admit these letters as evidence you can either obtain...
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Is there transcribed record in small claims court trails and can I some how get a hold of that record to use as evidence?
Jason's answer
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Answered on August 25, 2011
I agree with my colleagues. There is no transcript in a small claims trial. If you now know that the defendant testified to something that is not...
What is a Writ of Execution and what document do I have to file?
Jason's answer
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Answered on August 25, 2011
You need to submit Form EJ-130 to the court with the appropriate filing fee. Only one writ can be issued at a time per county. You want to make...
Archived
Did I just pay Plaintiff's attorney a bribe?
Jason's answer
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Answered on August 24, 2011
I agree with Attorney Bergen. The OSC is a hearing scheduled by the court. The opposing counsel would not be able to continue the OSC without...
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First Amended Summons
Jason's answer
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Answered on August 23, 2011
Mr. Chen is correct. Unless you have other defendants who have not yet formally appeared in the case, you do not need a first amended summons.
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How can a Plaintiff be Added to an Unlawful Detainer action after Judgment in California?
Jason's answer
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Answered on August 23, 2011
Substitution of parties due to death requires permission froIf the court. If the court already made that order at trial, you should see if there...
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HOW DO I FILE CIVIL SUIT AGAINST A BUSINESS THAT GAVE ME COUNTERFIET MONEY AND HE DENIES IT.
Jason's answer
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Answered on August 23, 2011
Assuming what you are saying is true, you could file a lawsuit against the business. The problem is proving that the money came from the store.
Archived
In a Small Claims court appeal trial de novo is the defendant allowed to present new evidence?
Jason's answer
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Answered on August 23, 2011
Yes. A trial de novo means the case is re-tried again. If the defendant has additional evidence she wishes to present, she can.
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