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If you are a defendant in breach of contract case but you were not a party of the contract then should you file a motion to ?
Nicholas's answer
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Answered on August 17, 2015
A non party to a contract could still be a proper party to a lawsuit. To know for sure, you need to take the complaint to a local attorney for...
Archived
Can my father-in-law's estate collect on an old contract?
Nicholas's answer
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Answered on August 17, 2015
That is probably still enforceable. You need to speak with a local probate attorney if you don't already have one. Not every debt owed to an...
Archived
After an Answer is filed along with a counter claim, may a defendant to a breach of contract file a motion to be dismissed?
Nicholas's answer
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Answered on August 17, 2015
Your question is somewhat confusing. If the grounds for the demurrer were in the complaint that was already challenged, then it would be too late...
Archived
If someone makes a promise when a contract is signed, is that promise enforceable?
Nicholas's answer
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Answered on August 17, 2015
Most likely, the promise is not going to be enforceable. As for leaving you out of the will that is their choice. However, it could be possible...
Selected as the best answer
Can I rent out a trailer/RV on my property in Berkeley?
Nicholas's answer
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Answered on August 17, 2015
Many cities prohibit this exact conduct. Check with your city, but Berkeley is notorious for over regulating so it would not be surprising if this...
Archived
Can a judge make a decision based on a 10 year old opinion who the judge already said was highly influenced by the mother?
Nicholas's answer
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Answered on August 15, 2015
Yes. As long as the judge feels the 10 year old is capable of testifying competently.
Default judgement returned b/c FL-141 was missing date of service. Please advise what needs to be done.
Nicholas's answer
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Answered on August 15, 2015
The default rejection sheet will tell you why it was rejected. Correct that error and re-submit. I generally take the position that dealing with...
Archived
How much should I demand for damage to my audio speakers that were damaged during a cable TV repair?
Nicholas's answer
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Answered on August 14, 2015
Assuming you can prove he scratched the speaker, I would say that would be worth at least $10,000. But don't forget the dusty fingerprints on your...
Archived
Why is it necessary to serve a notice and copy of a subpoena for ESI on all parties in a federal civil case?
Nicholas's answer
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Answered on August 14, 2015
The applicable codes require that whenever you serve one party in an action, you also have to send copies to all other parties. If you were merely...
Archived
I want to file an appeal or writ on the outcome of a small claijms case.
Nicholas's answer
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Answered on August 14, 2015
If you were the defendant and lost at small claims, you can file an appeal. There is limited time to do so. You can get the form from the court...
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