Archived
Does California have a law that mirrors FRCP 26(a)(3) that dictates required "pretrial disclosures" from all parties?
Joseph's answer
|
Answered on August 07, 2019
The FRCP requires what some call "vomit" discovery. You cough it up or you cannot use it. California state court has no mandatory duty to...
Can i ask a court to amend a motion to dismiss, in this case by the plaintiff, from without prejudice
?
Joseph's answer
|
Answered on August 07, 2019
If the Plaintiff wants to dismiss their own case, great. It's their case, and they can drop it if they want to. You should calendar your statute...
Archived
Do i need to file and serve a new statement of damages with my third attempt at requesting default?
No platitudes please.
Joseph's answer
|
Answered on August 07, 2019
If I get the gist of your issue, I think your issue is that you need all Defendants to get a final judgment. You can get an entry of default...
Can you use case law in a California complaint?
Joseph's answer
|
Answered on August 07, 2019
I agree with my colleague Mr. Doland. The point of a complaint is to plead the material facts of the case, not the law. The law is the law,...
Archived
Can a business be sued by a customer for providing their name and address under subpoena?
Joseph's answer
|
Answered on August 07, 2019
I'll admit that I find your question a bit unclear, so I will speak generally. Subpoenas are directed to nonparties. They did not choose to be...
Archived
In Los Angeles Superior court, what is the motion called when you want to move the court to end a "petition?" ?
Joseph's answer
|
Answered on August 07, 2019
I agree with my colleagues. An MSJ would be the usual route. It is probably too late. However, if the other party has not produced anything in...
Can the clerk refuse to enter default because of an inadvertent error or does a judge have to decide it??
Joseph's answer
|
Answered on August 07, 2019
Take a step back. Default is for a party that has not appeared. By your facts, this party has appeared, and is represented. Default is not going...
Archived
What happens after?
Joseph's answer
|
Answered on August 07, 2019
I agree with my colleagues, you cannot be put in jail or prison for not paying a debt. But your question makes me wonder is this a judgment, or is...
Archived
Do I have to accept verification for request for admission after the 30 day expired and can I go ex parte to request an order?
Joseph's answer
|
Answered on August 06, 2019
"Verification to follow" is a slack but common practice. If you have it now, there is really nothing to ask the Court for (and the Court despises...
Selected as the best answer
Archived
Who do I need to speak to begin a civil lawsuit on someone out of state who owes me money?
Joseph's answer
|
Answered on August 06, 2019
There are a number of factors here. If this was a loan, the first pertinent question is where was the loan agreement made. If it was in...
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
The Avvo Rating explained
The Avvo Rating explained