Archived
Can the opposing party wait to reply to a request for production of documents after they oppose to a summary judgment?
Katherine's answer
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Answered on September 15, 2017
There is no stay on discovery just because a summary judgment motion is pending. If someone fails to respond, then you can file a motion to compel...
Archived
Do I have to accept service?
Katherine's answer
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Answered on September 14, 2017
The first question is what type of documents are involved? If it is a Summons and Complaint, and the home health aide is a household member, then...
Archived
I just found out that Child Support was filed FOR me by a county in the San Francisco Bay Area
Katherine's answer
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Answered on September 14, 2017
You should ask the county to provide an audit of the account. The audit should show all charges for child support ordered, the period during which...
Archived
Procedural question in Family court?
Katherine's answer
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Answered on September 14, 2017
I believe this is covered by Family Code section 218. You may conduct formal discovery related to a post-judgment motion. The motion will be...
Archived
What is the name of the hearing to prove the mental ability for a defendant to represent themselves?
Katherine's answer
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Answered on September 14, 2017
I think that this will depend on what type of case this is. For instance, if this is a civil case (even a divorce), then you would have a hearing...
How do I properly bring a witness to a family law case?
Katherine's answer
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Answered on September 13, 2017
Family Code section 217 requires that you file and serve a Notice of Intent to Introduce Oral Testimony five court days before an evidentiary...
Is withdrawing and refiling the same motion in different subject matter jurisdictions in CA allowed?
Katherine's answer
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Answered on September 13, 2017
California Code of Civil Procedure section 435 requires a motion to strike to be filed within the same amount of time to respond to the complaint. ...
Do we need to file a motion for change of venue from Nevada to California to amend a custody agreement?
Katherine's answer
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Answered on September 13, 2017
You can prepare and file the amendment in Nevada and, no, you do not have to amend the entire document to match the California custody and support...
Court clerk time/date stamp incorrect
Katherine's answer
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Answered on February 20, 2015
I'm sorry if I am missing something here, but the file stamp on the proof of service would have to be after your husband is served because you...
Archived
How do I get my ex husband to pay his almost 15k in back child support with his tax refunds?
Katherine's answer
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Answered on October 27, 2014
The only way that you can intercept the tax refund is if you open a case with the Department of Child Support Services (DCSS). DCSS can intercept...
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