Opposing atty just threatened me by email (I'm in pro per...keep losing attorneys because of her....long story) that if I don't give her (again) documents within 7 days, she's filing a motion to compel against me with all sorts of sanctions, finan...
Generally, in civil litigation, there is a discovery cut off 30 days prior to trial. Some Courts provide specific dates for discovery cut off. This could also be impacted by the type of case. i.e. and unlawful detainer action may be shorter. It is not clear what jurisdiction you are in, however, it would appear to be to near the trial date to effectively file a Motion.
You should use Avvo to contact a Litigation attorney in your area and discuss the matter with him/her.See question
I was told I was signing a 2 year contract, and it was actually a 5 year contract. I have had nothing but problems with the alarm and the serivce and would like to terminate at the end of the 2 year period.
The limited facts provided make it difficult to effectively advise you on how to terminate the contract. If the contract was in writing, there should be terms describing the services to be provided and the amounts to be paid over particular period of time. There should also be language covering the remedy for a breach of those terms. The ability to terminate may be limited by a referral to arbitration/mediation. In short, there are a myriad of issues and the absence of the specific terms prevents a complete answer.
I would suggest that you use Avvo to contact a Business attorney in your area and let him/her review the documents and facts.See question
The car was bought as is, off a used car lot, in California,
Your ability to proceed with a claim against the seller will be based upon the facts and the documents relate thereto.
Under California law a warranty may be disclaimed by using specific language in the transaction. Civil Code section 1792.5. Every sale of goods that are governed by the provisions of this chapter, on an "as is" or "with all faults" basis, made in compliance with the provisions of this chapter, shall constitute a waiver by the buyer of the implied warranty of merchantability and, where applicable, of the implied warranty of fitness.
You should use Avvo to locate and contact a local Consumer and/or Business attorney for a consultation. Many will look at the matter during a free consultation.
Good luck!See question
Hi everyone, thanks for taking the time to look at my question. My current dilemma involves hiring an independent contractor that is considered a minor under the State of California. I want to have him sign an independent contractor agreement, ...
Attorney Doland is correct, the voidability issue will revolve around the facts of the hiring. You seem intent on the minor being labeled an independent contractor. Signing a document that attaches the IC label is not always controlling. Again the facts will determine the status of the services provided.
The facts provided make it difficult to provide a more detailed response.See question
I backed into a car and created a small dent. I left a note with my phone number. I was driving my friends car without insurance and I dont have a valid license. I spoke with the victim and told her to get an estimate and I would gladly pay for al...
I agree with Attorney Hiden. Deal with the carrier and do not escalate the matter with false information. Depending upon the amount of damage, (more than $750.00) you may need to file a SR-1 form with the DMV. That could complicate the matter. If so, you should use Avvo and consult a local attorney.See question
The other party offered to settle at $50000. Our lawyer advised us to take the settlement. He said that after fees and costs, we would receive about $14000. We ultimately received $8000. The only reason we accepted the settlement was because we we...
There are several factors that impact the amount that a client receives from a settlement. Costs are generally a dollar for dollar item that the client has agreed to pay in the retainer agreement. They are generally tracked during the life of the case and the attorney should have a sense of their value readily available. The value of the costs generally impact the settlement decision.
The fees here appear to be a percentage of the proceeds. This would also be an agreed to amount in the retainer agreement. I do not know the nature of the case, a more difficult matter may warrant a fee of 45%. Generally, fees run in the 33%-40% range. Moreover, when a settlement is reached at a figure, it is not unheard of to see an attorney decrease the percentage to obtain more value for the client. I do not know if that occurred here.
You should let your lawyer know that you are not happy with the amount provided. Request that he review the matter. Failing that, I note you are in Sunnyvale and know that the Santa Clara County Bar Association has a Fee Arbitration Program. You could contact the Bar Association and obtain their insight.
Good luck!See question
Do i have any right to ask him not to do that? Again not a big issue. But why i need to spend 10 minutes every week to clean his stuff. I'm asking to an attorney since if i just ask a favor to him he will not just do :-). Sorry for silly question....
Yes, you can request him to remedy the situation. If it continues, you may want to contact your landlord and get his input. In addition, your Lease may have some information as to what type of activity is allowed on the balcony.See question
My husband has all accounts in his name and controls all of the money if I decided to get a divorce how could I possibly afford an attorney, and if I do it alone I will probably end up not doing very well for myself or my kids.
You should use Avvo to locate a Family Law Attorney in your area and contact them ASAP. There are various options available for individuals in your situation.
Good luck.See question
His name is Scott Johnson, notorious for his "drive-by lawsuits." He is currently in the middle of his own lawsuit by his workers for filing "faulty" liens and lawsuits on small "mom-and-pop" businesses. I am in the middle of selling my business, ...
I agree with Attorney Liewen. You indicate that you need this resolved "as quickly as possible", the only viable option is to negotiate on the amount owed.See question
For example, can I have the attorney name and state bar number on one line, the name of their firm below, and the firm's address below that?
Yes. Pick one and try to remain consistent. Like the previous answer pointed out, space is often the issue.See question