During civil jury trial, may a member of the jury raise her hand and ask a question to the witness or an attorney or the judge?
Joseph's answer
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Answered on July 14, 2019
No. Jurors should be like second base umpires in a baseball game: even though they are in the middle of that game, and they are making critical...
Archived
California rent control bill is supposed to pass in September and its retroactive. When it passes do i sue to enforce it?
Joseph's answer
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Answered on July 14, 2019
Wait and see what happens with the bill. Bills get amended, gutted, and defeated all of the time. The current AB 1492 does not appear to be about...
I am a Shareholder in a Mobile Home Park. I own my lot and home. There is a ongoing problem with the Lot line.
Joseph's answer
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Answered on July 14, 2019
Long term encroachments can be difficult to deal with. In many states you would have a claim for adverse possession of the encroached land, but in...
Archived
Neighbors took pictures of our yard with no trash then the HOA sent a notice saying roaches are coming from our yard haven’t see
Joseph's answer
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Answered on July 14, 2019
Address it with the HOA. It is in everyone's interests to find the cause of the infestation and treat it. If it is not coming from your unit,...
Can I sue my roommate for drunkenly peeing on me?
Joseph's answer
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Answered on July 14, 2019
In theory, it is a battery if it is intentional. You could pursue negligence theories, but it would not be worth it. The damages will be less than...
Archived
Assumption of risk defense ?
Joseph's answer
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Answered on July 13, 2019
In California, in most instances, dog bite cases are held to a "strict liability" standard. This means that the owner is liable for the injuries...
Archived
Are the documents of a Defendants prior attorney considered "in the custody and control" of Def for purposes of Production?
Joseph's answer
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Answered on July 13, 2019
I would argue: yes, they are within the possession, custody, and control of the Defendant because the Defendant has a right to the client file of...
Archived
What can I do if the judge ruled my exwife filed a fake order. Am I able to sue either of them?
Joseph's answer
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Answered on July 13, 2019
If the judge ruled that your wife made a false filing, then she has both statutory and common law powers to sanction that behavior. If she has not...
Can a federal judge shorten the time/days to respond by D to a motion by P? If D does not have any response, then P wins?
Joseph's answer
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Answered on July 13, 2019
While a judge can shorten time on motions in Federal Court, doing so for a dispositive (case ending) motion, like an MSJ can be a deprivation of...
Archived
My can an attorney knowingly lie in a pleading she filed in court?
Joseph's answer
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Answered on July 13, 2019
I agree with the comments of the other attorneys.
Assuming this is a California State Court case, I will add that an ex parte generally has to...
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