Archived
How does one determine a figure for emotional distress when trying to settle a claim? What should be included and considered?
John's answer
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Answered on January 25, 2013
Emotional distress is not recoverable for breach of contract, so there's a good chance you're not understanding your claims, damages, and/or what...
Archived
Is an expert's opinion on assets such as gold privileged ? Can an expert get sued for his opinion or evaluation ?
John's answer
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Answered on January 25, 2013
If experts could be successfully sued based on the fact pattern you present, then parties could sue each other's experts in every case because the...
Archived
Was I unfairly treated by the hearing judge?
John's answer
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Answered on January 25, 2013
This does not track typical motion procedure. You do not file anything in reply to the defendant's reply (unless otherwise ordered). The...
IN CALIF, Do I appeal the sustaining of a demurrer without leave to amend a complaint to the Appeals Court or Superior Ct. Judge
John's answer
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Answered on January 24, 2013
First of all, it seems odd the court ruled on a demurrer at a CMC.
Nevertheless, I would take a serious look at whether you have other claims...
Archived
In your opinion would a fraudulent transfer suit be successfull against the subsuquent transferee's father???
John's answer
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Answered on January 24, 2013
I agree with Mr. Chen. It may be quite difficult (if not impossible) to establish intent if she had legitimate debts to the father. Generally,...
Archived
What would be reasons an attorney would choose not to depose
John's answer
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Answered on January 24, 2013
The biggest factor is almost always costs. Depositions can run into the thousands, and that doesn't include attorney fees. Other factors include...
Archived
Are poorly drafted responses reason enough for a CCP § 2031.310 motion to compel?
John's answer
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Answered on January 24, 2013
I agree with Mr. Perry. This probably a waste of time (and worse - you could annoy the court). You got the documents, right?
A potential issue...
Archived
Do I need to meet and confer informally first?
John's answer
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Answered on January 24, 2013
In my view, there's no such thing as formal v. informal meet and confer. It's the substance and good faith attempt that matters. Typically, but...
Is this a duplicative request for production of documents?
John's answer
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Answered on January 24, 2013
Assuming you have all your own emails, I'm not certain that this exercise isn't a waste of time.
Nevertheless, you will probably get an...
Can requests for production of documents be compound?
John's answer
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Answered on January 24, 2013
They are almost always compound, e.g., "Please produce all documents which evidence, relate, and/or refer to X...or even to X, Y, and Z." As Mr....
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