What does " OSC:Court's Motion to Dismiss" mean? Can a court dismiss a case without one of the parties filing a motion?
Joel's answer
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Answered on February 22, 2018
Yes a Court can dismiss a case without a motion. California Courts will set an Order to Shows Cause re Dismissal where a party failed to appear...
Archived
Can I file a motion for sanctions or any other pleadings on a civil case matter that has been abated?
Joel's answer
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Answered on February 20, 2018
If a case was stayed, then nothing can be done in the case until the stay is lifted. If the case against you was dismissed you may be able to seek...
Archived
Who's at fault?
Joel's answer
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Answered on February 20, 2018
Based on these facts alone, you are at fault, at least in part.
Archived
How can a upcoming Unlimited Civil Trial (In Orange County California) be Continued to a Future Date?
Joel's answer
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Answered on February 20, 2018
If the other party agrees a stipulation can be submitted to the Court for an Order. This is usually sufficient in Orange County. In San Diego you...
Can I supplement a request for production of documents for discovery that I forgot to add?
Joel's answer
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Answered on February 20, 2018
Yes, you can supplement your responses and provide the additional documents and you should do so.
Archived
CCan I sue for emotional destree?
Joel's answer
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Answered on February 20, 2018
If you have already sued in small claims court, you cannot sue again.
If you have 90 days to serve does weekends count or just weekdays?
Joel's answer
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Answered on February 20, 2018
Weekends do count, it’s calendar days, not court days.
Archived
Do you have an obligation to meet and confer with the other attorney prior to the other attorney being served with complaint?
Joel's answer
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Answered on February 20, 2018
You have an obligation to meet and confer. If you do not and the defendant files a motion they will say you did not confer.
If service is not...
Archived
Am I obligated to refund their money, and accept the return ?
Joel's answer
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Answered on February 20, 2018
The buyer would have to prove you sold it broken and not “as is.”
Archived
How can I bring charged with any thing other than a dui?
Joel's answer
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Answered on February 19, 2018
You need a consultation with an expert experienced criminal attorney.