Archived
My lawyer had depo with my surgeon & I haven't got return update in weeks. Could a settlement be negotiated? Is this common step
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Answered on March 19, 2012
It's hard to tell what is going on. It could be either scenario or something in between. It could be something as simple as your attorney being...
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In a civil case where several defendants are originally listed initially on court doc's but one def has all charges dismissed
Paul's answer
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Answered on March 19, 2012
In California, the rule is that you do not change the caption. Even if a party has been dismissed, you continue to use the same caption that you...
Interrogatories in aid of execution - do I still need to answer if I'm going to file bankruptcy?
Paul's answer
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Answered on March 19, 2012
Until you actually file for Chapter 7 bankruptcy you are absolutely obligated to respond to the written discovery. Once you file for Chapter 7 and...
If a plaintiff misspelled the defendant's first name in his lawsuit, can he fix it in subsequent filings/motions?
Paul's answer
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Answered on March 19, 2012
It is not unusual for a complaint and/ or summons to name a defendant incorrectly or with misspelling. It is proper for the defendant to utilize...
Archived
Do I need to defend a claim if other defendants not served?
Paul's answer
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Answered on March 19, 2012
You absolutely should defend yourself whether or not other defendants have been served. As recommended, immediately notify your insurer if you...
Archived
Hi i want to you if my landlord is paying their attorney why would he be suing for attorneys fee and court cost and punitive
Paul's answer
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Answered on March 18, 2012
As noted, a party normally is not entitled to punitive dmages in a breach of contract (lease) case. Punitive damges potentially may be awarded if...
Archived
Hi my landlords attorneys mailed me papers called the plaintiffs opposition to defendants motion to strike complaints
Paul's answer
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Answered on March 17, 2012
Mr. Chen is correct. In response to plaintiff's opposition to your motion to strike, you may file and serve a Reply to Defendant's Opposition to...
Archived
In an answer to complaint for debt collection is plaintiff's refusal to respond to settlement offers a valid affirmative defens
Paul's answer
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Answered on March 17, 2012
A party has no obligation to accept a settlement proposal. Hence, refusal to respond to a settlement offer is not a valid defense to a complaint.
Archived
I was sued by a debt collection company and I do not have any assets or wages. Can they still enter a judgement against me?
Paul's answer
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Answered on March 16, 2012
A judgment can be entered against you whether or not you have assets. Whether the claimant can collect on the judgment is another matter. In...
Archived
What does dismissed with prejudice mean in a lawsuit?
Paul's answer
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Answered on March 16, 2012
Dismissal with prejudice means the case is over. You are not permitted to file the suit again. This is in contrast to dismissal without...
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