If your commanded To go to court to testify because your a witness and what happens if i dont show up will they drop the case .
As a witness, if you fail to make arrangements with the attorney requesting you to appear and you fail to show up, the attorney can request that the court hold you in contempt. A bench warrant could be issued in your name. Such warrants are not actively enforced, (i.e. they do not actively look for you) however, if you are stopped for a traffic violation the officer will run a background check and your bench warrant will show up. This may allow the officer to take you into custody. Why risk a night or day in jail?
You should contact the requesting attorney or simply show up and tell the truth.See question
Pedestrian was cut by the exposed metal on the bumper while walking on the sidewalk. This vehecle is located about 4ft away (in front) of the gate of the Single Family Residence. Who is liable the property owner or the owner of the vehicle or bot...
Liability will be the issue. Establishing that the property owner knew of the existence of the purported hazard and allowed it to exist on his property will be difficult, at best. As to the car owner, having "exposed metal" on a parked vehicle does not appear sufficient to establish liability to a passing pedestrian.See question
I filed a small claims accident case against an insolvent Deft. He lost, appealed, and when he and his insurance co failed to appear, I won a default judgment. Now Attny for the Insurance Co. says they never received Notice of (De Novo) Hearing...
You need to consult a local attorney regarding the enforcement of the judgement. The attorney can advise you as to the steps to take in enforcing the judgement. It would appear that if you move forward on the enforcement the defendant will be pushed to make a decision on the appeal and/or bankruptcy issues. The case requires you to make a business decision. Is hiring an attorney worth the cost of potentially obtaining the available funds?
Use Avvo and find a local attorney in Costa Mesa to help you out. Good luck!See question
I had my car stolen back in the third week of March and it was recovered the next day (totaled). The police report has been finalized since then as well but it is taking LAPD forever to process reports the sending out of report requests. I was doi...
Attorney Harting is correct. Most carriers run on 30 day file reviews. They will send a letter indicating their investigation is continuing or request further documentation. As long as they can show diligence in the handling of the file, the statute is essentially being complied with. Keep pushing and document your contact with the carrier in writing.
Good luckSee question
stipulated to a new date of 2/1. Defense did not send out theirs until 2/6. Is that within the proper timeline under code such as other proof of service adding 5 days for mailing or should they have had it dated on 2/1? Also, They noted it as "Exp...
I agree with my colleagues that the designation may have some flaws. They may not be fatal, depending upon the Judge. In San Diego Superior the Court sets the expert disclosure dates. They usually set a first and second date for disclosure. The parties can agree to different dates within certain parameters. Is the deadline date you are stating the first or second disclosure? The second disclosure in generally for rebuttal, but additional experts may be disclosed.
The disclosure does not require a copy of the expert's CV. However, there should be a declaration from the attorney as to the experts background and the area of his expertise. The absence of this information may give you ground to challenge the disclosure as improper.
Use Avvo to locate an attorney in your area. Give them a call and you may find he or she to be a resource without incurring any significant costs.
Good Luck!See question
Our apartment lease does include 2 (tandem) parking spots. The landlord wants us to move our cars out of our parking spots everyday for exterior building construction. Is this legal? Since it is in our lease, and included in our rent payments, ...
The answer to your question may be contained in the language of the Lease. Some Leases include language that allows the Landlord to seek an accommodation for a set period of time when performing repairs. If there is no language, some reasonable rent allowance may be in order depending upon the length of time of the construction.
You may want to contact your local Bar Association and discuss this matter with a Landlord/Tenant attorney. Of course, you could also use Avvo and find a good lawyer in your area.See question
My truck was parked in parking lot at work. Parking lot was very icy and has a small incline and two different cars slid into my truck after they had been parked. No one was driving vehicles or injured. Does the business have any responsiblity to ...
The factual situation is similar to a slip & fall incident. In essence, the owner of the premises would have a duty to provide a reasonably safe environment. In an icy parking lot there could be a number of factors that would impact your ability to recover damages. Thus, more information would be needed to provide you with a complete answer.
I would encourage you to seek the advice of an attorney in your area. Use Avvo to find one near you!See question
On October 29th, I requested IDR to my HOA to comply with the rules and regulations of our governing Docs. On December 5th, They appointed a member from the board who contacted me via email requesting that we meet and confer on Dec 18th; 52 day...
It is not clear from your facts as to what is at issue. A demand to "comply with the R&R's" is rather broad. While the response may have been untimely, it may be prudent to set a meet & confer so as to clarify the issues. What are your goals? What is to be gained from going immediately to formal ADR? As my colleague pointed out, the M&C could save everyone some costs in the long run.See question
At which point in a trial can I introduce further legal authorities or case law? Can I do so during the trial, whether with a judge or jury, in the same way I can cite rules of evidence during the trial, and also supplement the jury instructions? ...
In San Diego the Superior Court Judges generally hold a Pre Trial Conference to review legal issues anticipated in the trial and/or Jury Instructions. Any case law or proposed revisions to the standard CACI instructions can be discussed at that time.See question
I am recovering from an ankle bone chip, slipped and fell on water at the gym causing me to re-sprain my recovering ankle setting me back weeks or months in my recovery. The gym is remodeling the locker room so the locker room is closed. They set ...
Attorney Sweat raises valuable points in reviewing your case. The issue of notice as to the condition on the floor will be in play. The factual arguments can work both ways. That is to say the pool facility may have had a duty to correct the condition, however, you had a duty to act reasonably. Sandals on a wet floor may impede your ability to prevail on this point.
Damages will require you to show in a definitive manner that your injuries were, here is a medical term, "exacerbated". This will be entirely up to the expert opinion of your doctor.
I would suggest using Avvo to find a Personal Injury attorney in your area and allowing them the opportunity to fully review your situation. Good luck!See question