Archived
Wasn't requested for Jury Duty for Monday, called back Monda and found out I have to show up on Tuesday
Paul's answer
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Answered on March 09, 2012
As mentioned, call the jury clerk and nicely explain your situation. This is defnitely better than not doing anything. There is a good chance the...
What is the deadline for submitting evidence before trial to opposing party?
Paul's answer
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Answered on March 09, 2012
In regard to the exhibit list, check the local rules as well as "local local" rules - the rules of the department where the case will be tried. By...
Archived
In amending a complaint for negligence, do I repeat everything in the original complaint and just fix the problems?
Paul's answer
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Answered on February 29, 2012
I agree with above responses. Re-draft the complaint and name it "First Amended Complaint." You can use much of the same language from the...
Archived
What are my chances of getting time push back trial date I'n civil case I'n ca . Breach of contract I am plaintiff ?
Paul's answer
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Answered on February 25, 2012
I agree with above responses, but to some degree your chances are dependent on the judge and his/her caseload. Although all judges are under...
How do I sufficiently state a claim upon which relief can be granted in a complaint in order to survive a motion to dismiss?
Paul's answer
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Answered on February 25, 2012
You need to state the necessary elements to state a claim as a matter of pleading. You do not need to prove anyhting at the pleadings stage. ...
Archived
What is the best language to use in framing an answer to interrogatories where you really don't have info or documents?
Paul's answer
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Answered on February 25, 2012
If you are responding to a request for production of documents, you can state something like the following: "The responding party is not in...
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Archived
Do you rights in a slip & fall, with no injuries?
Paul's answer
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Answered on February 24, 2012
If you are not injured, you probably do not have sufficient damges to justify a lawsuit. Even if you were emotionally traumatized, you likely do...
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If a defendant really doesn't know if a request for admission is true or not, what is the best wording for use in California?
Paul's answer
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Answered on February 24, 2012
Mr. Chen gives excellent advice. I often respond in similar situations as follows: "Responding party lacks information sufficient to admit or deny...
Archived
I am one of three people being sued. Only two of the defendants are being deposed at mediation. Why only depose 2 of us??
Paul's answer
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Answered on February 24, 2012
The depositions most likely are being taken for purposes of trial, not just mediation. If the mediation is not successful, the case may proceed to...
Can a defendant attorney contact a plaintiff friends or family to contact plaintiff? Is this within the attorney authority
Paul's answer
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Answered on February 23, 2012
As noted, an attorney may directly contact a party who is in pro per. The attorney may not contact a party who is represented by counsel. The...
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