Archived
Is a civil litigation frivolous in California if all statutes of limitations are long expired on all causes of action?
Joseph's answer
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Answered on February 12, 2020
It is not frivolous. A frivolous suit is one without any merit. The statute of limitations is not a merits-based defense. It operates...
Archived
Request for Judicial Notice?
Joseph's answer
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Answered on February 12, 2020
No it is not. The point of a request for judicial notice is that the material to be noticed is taken by the Court is true. It is not evidence of...
Is it a 6 month or 3 month deadline to file a CCP 473 motion to vacate in CA Superior Court ?
Joseph's answer
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Answered on February 12, 2020
A 473(b) motion must be filed "within a reasonable time, in no case exceeding six months." What is reasonable will depend on the case. On a more...
Archived
CAN I FILE A MOTION IN STEAD OF AN APPEAL?
Joseph's answer
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Answered on February 11, 2020
It is very hard to read your question in all blaring caps. If you got dismissed for not being trial ready, or not having a case tried within the 5...
Forgot to put Does 1 through 10 on Proof of Service?
Joseph's answer
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Answered on February 11, 2020
I'm not sure if you are talking about a caption issue, as my colleagues are assuming. If it is a caption, after the initial filing, you can use an...
What is the statute of limitations for a county suit?
Joseph's answer
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Answered on February 11, 2020
It depends on what your causes of action. What you need to worry about is the Tort Claims Act and any claim presentation requirements. Now those...
Selected as the best answer
Archived
Its been 6 years and a misdemenor is still on my record?
Joseph's answer
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Answered on February 10, 2020
You should contact a criminal defense attorney and ask about "expunging" your record. That is the process to deal with old misdemeanors.
Civil case collection?
Joseph's answer
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Answered on February 10, 2020
The way you determine interest is this: Take your judgment amount and multiply it by the interest rate. Take that number and divide by 365. That...
Archived
What kind of lawyer I need?
Joseph's answer
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Answered on February 10, 2020
It really depends on what you are trying to accomplish. Right now it sounds like he is annoying, but has not done anything materially to injure...
What does cross examine mean? Adjuster says they want to cross examine the doctor but does that mean i can too?
Joseph's answer
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Answered on February 10, 2020
They probably want to examine, depose, the doctor. In trial, cross-examination is generally after a direct examination, you are right about that...
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