Archived
Is spoliation of evidence still an actionable tort under California law and if so, would it apply to my circumstances?
Shaun's answer
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Answered on June 19, 2013
Spoliation of evidence is no longer a separate cause of action. If you had a rental agreement with the roommate, there are provisions in the code...
Archived
Help 4 vic of med mal & false alleg. Both lead 2 severe loss/injury & mayB death. No PD/atty/other MD/rep can/will help.
Shaun's answer
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Answered on June 19, 2013
With all the abbreviations and short-hand references your description is difficult to follow. However, if the doctor's care fell below the standard...
Archived
Can someone please translate this from a retainer regarding fees?
Shaun's answer
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Answered on June 18, 2013
In addition to the above, keep in mind that all contingency fee agreements are negotiable. It is slightly unusual to take the fee from the gross...
Archived
We were sued in Oct '08 (breach of contract) The lawsuit was dismissed without prejudice in July 2010. Can that suit be refilled
Shaun's answer
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Answered on June 18, 2013
The statute of limitations for breach of a written contract is four years, breach of an oral contract is two years, and negligence is two years....
Is a commercial lease valid if it was not signed by either party but if rent has been paid and accepted by the landlord?
Shaun's answer
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Answered on June 18, 2013
I agree with the prior comment, and would add that the landlord's actions in changing the locks is possibly illegal. Unless he obtained a judgment...
Archived
How do I add a second declaration in a civil case that is pending summary judgment?
Shaun's answer
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Answered on June 17, 2013
It is unclear from your question the status of the summary judgment motion. I presume the motion has already been filed. If you have not yet filed...
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Archived
How can I force an RV park to give me a check for $400 made out to me for a membership which I sold a week ago?
Shaun's answer
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Answered on June 17, 2013
Make a written demand (letter) giving them a reasonable time to make payment to you (2 weeks). Although the employee's illness is unfortunate,...
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Archived
Will I Be Able to Fully Recover My Deposit?
Shaun's answer
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Answered on June 17, 2013
I concur with the comments above though I read your question as saying that you are trying to find a replacement for your roommate so that you...
HOA demanding that I cease renting out my home as vacation rental or commercial purposes.
Shaun's answer
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Answered on June 17, 2013
These types of provisions in CC&Rs are not uncommon. Many common interest developments include them to minimize the amount of traffic and occupancy...
Archived
Is this "abuse of process" or some other claim? (Fraud? etc) that can be brought against counsel in litigation?
Shaun's answer
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Answered on June 17, 2013
Any statements made the opposing counsel during pending litigation are privileged under California Civil Code section 48a. One exception is for...