Archived
Is it possible to appeal the decision of a Superior Court when its decision on a small claims appeal is contrary to law?
John's answer
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Answered on January 26, 2013
No. The appeal of a small claims case to the superior court is the end of the line. I would also note that $1,000 is probably just a few attorney...
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Archived
A colleague slandered my professional reputation by spreading lies about me to management and my other colleagues.
John's answer
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Answered on January 26, 2013
Gossip about one's political leanings, driving skills, or intelligence is probably not actionable, as you need a false statement of fact (no...
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Can I take legal action against a co-worker for posting unflattering photos of my body parts on Instagram and sending to others?
John's answer
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Answered on January 26, 2013
You may have an invasion of privacy action, however, the facts need to be analyzed in more detail. Also, an employer lawyer may have some insight...
Archived
Can I counter sue for malicious prosection in a small claims case?
John's answer
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Answered on January 26, 2013
You have to have prevailed in an earlier lawsuit to later pursue a malicious prosecution lawsuit. It sounds like you voluntarily chose to lose the...
Can someone sub-serve a summons in California?
John's answer
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Answered on January 26, 2013
The code calls for mailing AFTER the papers are dropped off. As Mr. Kopelson points out, if the papers were mailed first, it raises an interesting...
Archived
When to get an Investigator rather than Discovery and Deposition
John's answer
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Answered on January 26, 2013
I agree with Ms. Allen - you should have this discussion with your attorney. If you're not pleased with the way your attorney is handling your...
When filing and serving a cross-complaint, should a Summons also be served to the Plaintiff?
John's answer
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Answered on January 26, 2013
Anyone named as cross-defendant who is NOT already a party to the action must be personally served with a summons on the cross-complaint, along...
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Archived
Contractor Incompetence Seems to be Legal
John's answer
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Answered on January 25, 2013
I agree with Mr. Stempler -- it's unclear what transpired here and if the contractor didn't do what it said it would do (or how it agreed), then...
Archived
Making Deposition Correction Timeline Question
John's answer
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Answered on January 25, 2013
This is typically a stipulation between the parties, so it varies. I would check the stipulation in the transcript (probably the last thing said)...
Archived
Possibility of getting anti-SLAPP hearing continued based on attorney negligence
John's answer
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Answered on January 25, 2013
You should get an ex parte on calendar immediately to request the court continue the hearing and other dates due to a pending/imminent substitution...
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