Archived
An multi-billion dollar and well known company in bay area is using my picture for commercial purpose without any permission.
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Answered on February 06, 2014
This will depend on the facts and circumstances. As this is an area in which our firm litigates, feel free to call for a free consultation. In...
Is there a time limit to reopen a case that was dismissed without prejudice?
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Answered on July 30, 2013
Generally, yes. A case that has been dismissed without prejudice may be refiled. But the time for timely filing the action again, within the...
Does opposing counsel need to be notified that a subpoena for personal appearance at trial has been sent to nonparty witness?
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Answered on May 30, 2013
No. You do not need to serve opposing counsel with copies of your trial subpoenas. I suspect opposing counsel made a mistake as it is generally...
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What should we do with the person to sue against for money owed?
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Answered on May 29, 2013
I agree with Mr. Chen's response to your question. California Small Claims Court has changed. Here is my summary and 2 cents: $10,000 (effective...
Archived
The opposing party giving the deposition is insisting on holding the deposition at his counsel's law office. Since I have no
Sean's answer
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Answered on May 29, 2013
This is a very good question and example of how litigants often fight over issues that do not affect the outcome of the case. I assume that your...
Archived
What is the proper procedure for an extension of time to respond to a complaint?
Sean's answer
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Answered on May 09, 2013
I agree with counsel. According to my math, however, the defense attorney's response should be filed before the hearing. So, in that even, I...
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After filing an entry of default, opposing counsel request permission to file answer due to his oversight and I agree.
Sean's answer
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Answered on April 26, 2013
Mr. Mann is correct. It is customary for the party seeking to set aside the default to prepare a stipulation and proposed order. You will both sign...
Archived
Is it safe to mail my answer and proof of service to the California superior Court?
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Answered on April 09, 2013
Mail may or may not arrive on time, or at all. Other methods are to use an attorney service to file it in person for you, or a new hip way is to...
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Archived
Acceptable forms to answer a complaint for money?
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Answered on April 08, 2013
A few more thoughts: The title of the complaint is acceptable. A collections complaint need not be verified. If the complaint is untimely, you may...
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Archived
How do I write a Motion to Vacate a default judgement? I was never served any legal documents.
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Answered on April 03, 2013
This is a standard noticed motion. You will need to write a notice of motion, motion, memorandum of points and authorities and, most likely, a...
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