What happens when a defendant fails to file an answer to a complaint and the plaintiff does not request an entry of default?
Joshua's answer
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Answered on August 23, 2021
The judge would not set a trial date unless there was an answer. You are missing something.
Ask your lawyer who has a complete understanding of...
Can defendants lawyer ask questions at a deposition that was scheduled by plantiffs lawyer.?
Joshua's answer
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Answered on August 23, 2021
In California, an attorney has no right to ask questions at a deposition noticed by the opposing counsel. However, that can change based on the...
Can you issue a promissory stock options agreement?
Joshua's answer
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Answered on August 23, 2021
Generally, there is no stock in an LLC that you can transfer. Equity is transferred as part of the Operating Agreement. You can amend the Operating...
Can a closed business sue an individual?
Joshua's answer
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Answered on August 23, 2021
A dissolved business has no standing to sue in court. Part of winding up a business is making sure all debts are paid and collected. If the debt...
If you get a default Judgement for a personal injury case, is it simple to set them aside?
Joshua's answer
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Answered on August 15, 2021
It is not easy to get a default set aside. There are only certain circumstances, usually quashing a bad service of process, or lack of...
Can you work on settlement with opposing counsel and at the same time both of you continue litigate the case?
Joshua's answer
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Answered on August 15, 2021
Yes, in fact, you have a duty to continue with the case during settlement negotiations. You don't want to get lulled into not preparing your case...
Does the amount of a judgement go down as the judgement is paid down?
Joshua's answer
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Answered on August 15, 2021
In California where I am a lawyer, as you pay off the judgment, the amount of the judgment decreases, or "go down" as you put it. In legal terms,...
Can defendant plead 5th during cross examination at civil RO hearing?
Joshua's answer
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Answered on August 15, 2021
They can plead the 5th, but they are also not answering a presumably valid question. Refusal to answer proper questions in a civil case can lead to...
How can I find the business name and address of the attorney who drew up my will?
Joshua's answer
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Answered on August 15, 2021
You can search the California State Bar website for attorney addresses. If you can't find the attorney, you can always draw up a new will and...
Unknown spouse from ex husbands forclosure?
Joshua's answer
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Answered on August 13, 2021
If you did not deed the property over to your spouse, which it sounds like you did not, you should prepare and record a Quitclaim deed in favor of...
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