Archived
If an employee and her boss are both defendants and I seek the employee evaluations via discovery is a consumer notice required?
Joseph's answer
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Answered on December 02, 2019
Attorney Tokar's advice is on point. All I will add is that you can expect to run into objections on the basis of privacy. Make sure you have a...
I have a contract with my brother to pay me for the business he bought me out of. He has not paid it.
Joseph's answer
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Answered on November 22, 2019
The likely result here is that the bankruptcy discharged your brother's obligation to pay you. It is possible that you can still file an adversary...
Archived
How do I get a second opinion from an attorney on the amount of damages that the defendant (city council) is responsible for?
Joseph's answer
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Answered on November 22, 2019
I am not sure what "flying a sing" or "flying a sign" means. I doubt it is a content-based restriction on speech, because I doubt the ordinance...
Archived
Can an out of state attorney draft court pleadings for me in california?
Joseph's answer
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Answered on November 22, 2019
I would hire Serena Williams to play tennis for me. I would hire Tom Brady to play quarterback for me. I wouldn't hire Serana to play football or...
Does an attorney that I hired has the right to call me a thief or that I stole if I can not pay him immediately.?
Joseph's answer
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Answered on November 22, 2019
Lawyers are a skilled trade. We work for a living, just like a plumber or an auto mechanic, and oftentimes make less. If a mechanic replaced your...
Archived
What are the elements for the affirmative defense of “inequitable conduct by plaintiff”?
Joseph's answer
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Answered on November 22, 2019
Short answer is it is boilerplate nonsense. The more nuanced answer is you should look at California Affirmative Defenses by Ann Taylor Schwing.
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Archived
What would be he next step if I was granted a Motion to set aside a Default Judgment?
Joseph's answer
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Answered on November 21, 2019
It will be difficult to set aside a judgment that is that old. If you can, then your next step is to respond to that creditor's lawsuit by an...
Archived
Defendant responded to a demurrer and some of the Causes of action stayed and the others were stricken, can we serve discovery?
Joseph's answer
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Answered on November 21, 2019
If it has been at least ten days sine the Defendant was served, then you can propound discovery. There is no need to wait for the pleadings...
Archived
California service ?
Joseph's answer
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Answered on November 21, 2019
Any non-party adult can serve papers. They will need to be willing to sign a proof of service.
Archived
Exparte
Joseph's answer
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Answered on November 20, 2019
Ex parte can mean two things: (1) a one-sided communication with the Court without the other party present; and (2) a motion heard on very short...
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