John Joseph O'Brien's Answers (210)

Archived

I received a subpeona to be appear in court as a witness/victim in the case, but it was sent in the mail to an old address..

John's answer | Answered on March 03, 2013

If this is civil case, proper service of a witness trial subpoena is made by delivering a copy of the subpoena to the witness personally and, if...

Archived

I have received answers to interrogatories, answers to requests for admissions and production of documents but they all are not

John's answer | Answered on March 03, 2013

You first need to meet and confer with opposing counsel explaining your issues with the discovery. If that process doesn't yield what you're...

Archived

How many reply to motions are allowed and its time limit

John's answer | Answered on March 03, 2013

You haven't indicated the court or type of motion, but generally the reply is due 5 court days before the hearing. And there is no "reply to the...

Archived

Where do I need to file my small claims suit?

John's answer | Answered on March 02, 2013

CA venue statutes declare the proper court for an action. Agreements fixing venue in some location other than that allowed by statute are contrary...

Archived

I am in district court . How do I find cases whereas the Defendant's summary judgment was denied because of false claims ?

John's answer | Answered on March 02, 2013

You haven't provided enough facts here. Moreover, properly doing an MSJ yourself will be extremely difficult, both substantively and procedurally....

Archived

Can I sue a motor sports store if I agreed to 60 month term but was billed for 36 month term ?

John's answer | Answered on March 02, 2013

Seems like a breach of contract to me. I would have a lawyer send them a letter.

Archived

Can i sue my mechanic?

John's answer | Answered on March 02, 2013

You need to provide more facts for an answer here. What work is the mechanic doing, what does the contract require, what did you agree to, etc.?

Archived

How do I get unused fees back from my lawyer?

John's answer | Answered on March 02, 2013

Your post is very unclear. Please ask a direct question to see if we can help. And, first and foremost, contact your lawyer with whom you're...

Archived

Court's too long waiting time to hear a motion, what's the strategy?

John's answer | Answered on February 28, 2013

Some judges will do (and some demand) a discovery meet and confer ex parte, in hopes that everyone (especially the court) can avoid a motion to...

Archived

I recently went to a deposition and I was ask to produce certain documents that I'm not sure I have to produce, Can someone help

John's answer | Answered on February 28, 2013

I agree with the other attorneys. And even if the records are discoverable (relevant to the subject matter or reasonably calculated to lead to...

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