I was served a document in the mail signed by another attorney and not the opposing party's attorney who's represented the opposing party throughout the case. I can't seem to get a response as to what is going on however, I want to make sure that...
Phone calls will not be sufficient for you, in this case. You need to check with the clerk of the court or the online register of actions to find out who is the counsel of record for that party. If more than one attorney, then you need to start serving all pleadings and discovery on both counsel, but if the court records reflects only one attorney, then simply keep sending it to that attorney, to be on the safe side. A lawyer should register his or her appearance with the clerk of the court, and that is what you should rely on. (Please see disclaimer).See question
Plaintiff failed to respond to my discovery request even after I obtained a court order to compel responses. I filed ex parte application for contempt sanction because court date is two days away. There's no time to file noticed motion. Why did t...
Motions to compel must be timely filed for a properly noticed or they will be denied. The court can grant an order shortening time, but that must be requested properly with sufficient time. Not sure what your post means by "court date is two days away." If that is the trial date, then the motion was untimely, as it must be filed much earlier than two days before trial. (Please see disclaimer)See question
Plaintiff failed to respond to my discovery request even after I obtained a court order to compel responses. I filed ex parte application for contempt sanction why did the court deny my motion?
I agree with Mr. Doland, the motion is likely to be denied or the court will set a date in the future to have a properly noticed hearing on such motion. I would advise consulting an attorney before handling a lawsuit in Superior Court.See question
If I know someone committed fraud, is it mandatory in California that I report it? Am I putting myself at legal risk if I don't?
California law does not require someone to report a crime, such as identity theft, but it may make sense in context of having debts being collected that were not authorized by the victim. Please consult a consumer attorney about your specific situation to understand your options. Reporting a crime to the local police or sheriff is not the only option to dispute a false debt.See question
I signed a writing partnership with the WGA contract. I know longer want to work with this person but she wants to continue with the project. The problem is it's inspired by my real life and I don't want her to use my story . Do I have rights ?
Consult with a lawyer who handles publishing contracts, to review what your options are and how to best exercise them. Perhaps the other side has done something to breach the contract or has failed to do something to comply with the contract. Knowing this and knowing what to do next are why lawyers can be essential for charting a course. (Please see disclaimer)See question
I am a security guard and was physically assaulted by two residents. My boss wants me to come in and write an incident report and an official statement and the resident is now threatening to sue the company. Should I write the incident report and ...
The problem with doing the report first is that it will (and I said will, for sure) be used in court, if these people should file a lawsuit or if you need to file a lawsuit. Thus, the best advice is consult an experienced employment lawyer first to know your rights and obligations with respect to the facts of your case. I would also advise not posting more on this on a public form, because if there is a lawsuit, then those posting will also be used in court. Please know also that there are time limits, known as the statute of limitations to proceed in a court case and the lawsuit must be timely filed. (Please see disclaimer.)See question
What do I do if a hostile witness lies and refuses to authenticate a photograph of a scene?
Have others who saw that scene testify that the photos accurately reflect the scene of the XXX on such and such date. Ask this person what is it about the photo that s/he is unable to attest as being authentic, genuine, or an accurate portrayal of the scene. Get details, as perhaps it is minor. (Please see disclaimer)See question
I took out a payday loan in 2010 at the time I couldn't pay it back it is now 2016 almost 2017 can they still do something about it? I keep getting harassing following calls saying they are going to serve me etc. What should I do.
A debt collector may not harass you at any time, as that violates the federal Fair Debt Collection Practices Act. A creditor may not harass you at any time, as that violates the California Rosenthal Fair Debt Collection Practices Act. The time to pursue those claims is one year from the harassment. Do they have a judgment against you? You should do a search of the superior court's records in the county were you live now and counties where you have lived since getting this payday loan to ensure that no lawsuits or judgments have been filed. If so, then you need to retain a debt collection defense attorney right away to preserve your rights to defend the case. These are the most harassing and aggressive of the debt collectors, so have counsel by your side or it will most likely be a very unhappy experience. There are many deadlines and limitation periods, which should not be missed or those rights are probably waived. (Please see disclaimer).See question
I have a Walmart prepaid debit card, one that I have had for about 3 years now. I've recently run into a HUGE problem and can’t seem to get any resolution. I am stressed to the max about it and completely at a standstill and lost for words. My W...
Not really clear on the facts. Did you go to a local Walmart that offers these cards to see if they can help you directly? Also, do you have a printout of the unused balance? If $10,000 or less, you may need to resort to suing them in small claims court if they are not going to allow you access to the remaining balance on the account. You have tried to get this resolved to no avail, so small claims court may be a good last resort if going to the nearby Walmart store does not resolve it, finally.See question
was loaned money by relative to help purchase a home, but now do not have the money to repay,
After several months, they may hire a lawyer to sue you for the unpaid debt. If they prevail on the lawsuit and get a money judgment, they can enforce that judgment by garnishing wages, levying bank account, and obtaining an abstract of judgment, which they would record with the County Recorder/Clerk's office, that is secured against all real property owned by the debtors in that county. However, if they do nothing, then just pay them when you can and keep a spreadsheet of what you owe, so that you can know how much you owe, including accrued interest. If they do nothing for more than four years and you don't pay them or acknowledge the debt in writing or promise to pay in writing, then the statute of limitations (under California law) will have expired. Not sure about the limitations period in other states. Consult with a lawyer if they threaten to sue you or they do sue you. If sued in California, you need a California attorney to defend. If they sue in the other state, you need a lawyer who is licensed in that state.See question