Archived
Can a plaintiff subpoena a witness for deposition if a defendant's attorney did so, but witness and defendant cannot set date? ?
Joseph's answer
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Answered on July 13, 2019
I agree with Mr. Watters.
All I will add to his comments, is that it sounds like you already may have a court order for the witness to appear,...
Archived
Who decides method of service? The petitioner, or do you need the Court's permission to do substitute service?
Joseph's answer
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Answered on July 13, 2019
If you need substitute service, hire a process server. Professional service companies know how to do this right, and it is not expensive: maybe...
Archived
Can I file sanctions or OSC against ex wife attorney?
Joseph's answer
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Answered on July 13, 2019
The opposing lawyer being a jerk is very rarely a reason to bring a motion. If your altercation was broken up by a bailiff, then you were in Court...
Archived
Was The Judge Wrong?
Joseph's answer
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Answered on July 13, 2019
A judge cannot force you to settle, as my colleague says, but she has broad powers to order you into a mandatory settlement conference--more than...
Archived
Post-Trial Evidence of Perjury/Fraud/Deceit
Joseph's answer
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Answered on July 13, 2019
The jury decides who is credible and who is not; who is telling the truth or is not. Once they have, absent extraordinary circumstances, the Court...
Archived
How do I fight this lawsuit against me?
Joseph's answer
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Answered on July 12, 2019
If you didn't have insurance at the time you did the work, you can be required to disgorge all money paid to you by the plaintiff, exclusive of...
How to file and serve lis pendis if I already have an action for quiet title?
Joseph's answer
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Answered on July 12, 2019
A lis pendens (a notice of pending action) isn't a cause of action or something you file with the Court. You are recording, with the Courty...
I need to file a Supplemental to my MSJ? DO I include a Declaration, MPA, Evidence?
Joseph's answer
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Answered on July 12, 2019
I agree with Mr. Daymude. Assuming that you are the moving party, you do have enough time to refile your papers with all the proper material and...
Will the Court order the defendant to pay attorney fees if a hearing is needed to effect service of summons?
Joseph's answer
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Answered on July 12, 2019
I disagree with my colleague.
Look at CCP 415.30 and particularly subsection d. In California state court, you do not have to win to recover...
Selected as the best answer
Archived
Firing an attorney in a wrongful termination lawsuit?
Joseph's answer
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Answered on July 12, 2019
Before you go firing your attorney, try to talk to her. If she is seeking settlement, then changing horses in midstream could kill that potential...
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