Is there a rule on marking exhibits? Can it be marked by hand with a marker or should it be printed with a machine? Any
Sean's answer
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Answered on March 06, 2013
I agree with Frank Chen. Many judges and courts differ may on this. Check the Local Rules of the court where the trial will be heard. They are...
Archived
I am filing an out of state proof of personal service document in California. What do I have to do for the court to accept it?
Sean's answer
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Answered on March 05, 2013
I agree with counsel on this one, as to which form to use and file. California Code of Civil Procedure section 417.20 addresses out of state...
WHEN IS THE BEST TIME TO MAKE A MOTION FOR PREFERENCES AND IS IT TYPICALLY DONE ON AN EX - PARTE BASIS ?
Sean's answer
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Answered on March 03, 2013
I have succeeded with that motion several times and have a few additional thoughts. You may file the motion before the defendant files an answer,...
Does a Case Management Statement and Proof of Service need to be filed in court/stamped first before serving the Plaintiff?
Sean's answer
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Answered on September 08, 2012
After you fill out and sign the case management statement, prepare and sign a proof of service by mail. Mail the original of both the statement and...
WHEN YOU ANSWER A UD COMPLAINT AND YOU GET A COURT DATE CAN YOU ASK FOR A TRIAL BY JURY THEN & IF SO JOW LONG DOES IT TAKE
Sean's answer
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Answered on September 08, 2012
Mr. Chen is spot on. I am all for juries, in general. But whether to should have one in a UD case requires some consideration. Jury trials require...
Does a Verified answer to a verified complaint require being notarize?
Sean's answer
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Answered on September 07, 2012
Mr. Doland is correct. You will need to attached a "verification" to the end of the pleading, which verifies under penalty of perjury that the...
How long to file an answer after a motion to quash service is denied?
Sean's answer
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Answered on September 07, 2012
I agree with Frank Chen as to timing. However, I would add that you may not want to assume there will be an answer and/or cross-complaint. The...
Archived
In their discover responses for each type of discovery the other side objected to naming the person who completed the discovery.
Sean's answer
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Answered on July 03, 2012
In addition to Mr. Chen's comments, look to see who signed the verifications to your written discovery responses. This individual must be...
Archived
Civil: DEMURRER
Sean's answer
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Answered on July 03, 2012
I agree with my colleagues. The answer is nine "court days" before the demurrer hearing date. [CCP §1005] Best practice is to look on the Court's...
Archived
What does it mean to stipulate to and pay a sanction?
Sean's answer
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Answered on July 03, 2012
In San Diego, the Court computer system kicks out this OSC Notice after 60 days from filing a civil complaint, if no Certificate of Service has...
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