Archived
Can a judge correct the record on behalf of a witness after testimony was offered and judge took matter under submission?
Joseph's answer
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Answered on May 30, 2019
The Court has made its decision and given its basis for that decision. If you believe it is erroneous, then you can pursue your appellate remedies...
Archived
Can I have a civil harassment restraining order court date changed?
Joseph's answer
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Answered on May 24, 2019
The restraining order may very well affect your ability to be with your children. If you do not show, that will be jeopardized.
I have...
Archived
Why cant i get a lawyer to help me were i live?
Joseph's answer
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Answered on May 24, 2019
It could be a number of reasons. The first questions is whether you are 18? You may need parental consent.
How do I object to a motion to continuance?
Joseph's answer
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Answered on May 24, 2019
I will read between the lines here. The first and easiest answer is to show up. A noticed motion (a normal motion) needs 16 court days to be...
Archived
Is my witness required to go to court with me or can they issue a statement by phone or on a different day?
Joseph's answer
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Answered on May 24, 2019
Your witness must be present. This is so that the other side has the opportunity to cross-examine, and the Court has the opportunity to ask any...
Discovery stalling and discovery dispute from the Defendant Lawyer, How to handle ?
Joseph's answer
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Answered on May 24, 2019
I agree with Mr. Carpenter. Discovery fights are what litigators do /all of the time/, and employment lawyers follow that up with summary judgment...
Archived
Motion to strike punitive damage?
Joseph's answer
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Answered on May 24, 2019
It depends on the grounds. If there is a specific amount pled for punitive damages, then the motion will be granted. If it is because your cause...
In California, can a subpoena to a non party for the production of documents have a production location greater than 100 miles?
Joseph's answer
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Answered on May 24, 2019
Without more information there is no way to answer. Where is the case venued? In state or federal court? If so, what county or district? Where...
Archived
Demurrer to first amended complaint?
Joseph's answer
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Answered on May 24, 2019
California's laws on this are specific to this state.
You can file an amended complaint to a first demurrer as a matter of right. For a second...
Archived
Do I have to show up at Small Claims hearing?
Joseph's answer
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Answered on May 24, 2019
Fighting service of process is usually not worthwhile. If you win the service fight, you just get served again, and you are back where you started...
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