Archived
Can a Defendant file an answer with affirmative defenses not pled with specificity and then file a judgment on pleadings?
Joshua's answer
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Answered on October 30, 2017
Your question does not make sense. A motion for summary judgement does not attack pleadings. It must be submitted with its own evidence after...
Archived
Misleading the court; do I inform the judge?
Joshua's answer
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Answered on October 30, 2017
No. the OSC must be decided on its merits alone. The DA's opinion has no bearing on your civil case. I would contact the DA and find out their...
Oppressive propounding of discovery?
Joshua's answer
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Answered on October 30, 2017
If it's the same party, changing lawyers does not give them the opportunity to propound duplicative discovery. I would object on that basis.
Should I accept a partial payment and still sue for the balance?
Joshua's answer
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Answered on October 30, 2017
I always accept partial payments. I then immediately send a letter confirming receipt of the payment, and reserving my rights to claim the...
Archived
Is a Motion to Strike Defendant's pleading(response) OK if Defendant did NOT comply with the deadline specified by the judge?
Joshua's answer
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Answered on October 30, 2017
You could move to strike the opposition, if one is filed, for lack of timely service.
Archived
Default
Joshua's answer
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Answered on October 30, 2017
The time period begins to run from the date of service, not the date of filing.
Does dismissing a case make monetary sanctions pursuant to CCP 177.5 go away?
Joshua's answer
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Answered on October 30, 2017
No, sanctions are payable regardless of the disposition of the case.
Archived
After I file the request for default by judgment, is there any opportunity to file documents or explain for prayer for relief?
Joshua's answer
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Answered on October 30, 2017
The request for default is only the first step in obtaining a judgment. After receiving default, you must still do a default prove-up, which is...
Archived
My daughter broke her femur running from a "monster" at a maze at universal studios. Are the responsible for damages?
Joshua's answer
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Answered on October 30, 2017
If she is 18, she must bring the case. She can only bring a case if the park was negligent. Nothing you have said indicates any negligence by the...
We know about the Statute of limitations for medical debt is 4 years, how do we use this as a defense exactly?
Joshua's answer
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Answered on October 30, 2017
You are not required to take any action until a claim is brought against you. At that time, you can raise the statute of limitations as an...
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