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Plaintiffs verbally informed the clerk that they were dismissing their case, but have not filed written dismissal?
Paul's answer
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Answered on May 24, 2011
Yes. You need to act as if nothing has changed until your opponent actually files the dismissal. But before you exend energy proceeding with the...
With or without prejudice?
Paul's answer
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Answered on May 24, 2011
You can file a dismissal with or without prejudice. I suggest you file it without prejudice so that you preserve your options in the event you...
Archived
What is the purpose of a CCP 998 Offer?
Paul's answer
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Answered on May 24, 2011
Under CCP 998, the costs of litigation, including expert fees and attorney fees, can, under certain conditions, be shifted to the party that...
How to file a demurrer in response to a court summons?
Paul's answer
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Answered on May 24, 2011
You file a demurrer like any other motion. A demurrer is essentially a motion challenging the adequacy of the complaint. You need a notice of...
Can you get put in jail for a civil lawsuit
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Answered on May 23, 2011
You normally do not risk being sentenced to jail in a civil lawsuit. Civil lawsuits usually involve money damages, injunctions, declatory relief...
If my civil case was dismissed without prejudice, can I sue for malicious prosecution?
Paul's answer
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Answered on May 23, 2011
It is notoriously difficult to prevail on malicious prosecution lawsuits. The elements include (1) intentionally (and maliciously) instituting and...
Archived
My wife got in an car accident and the other person don't have insurance.
Paul's answer
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Answered on May 23, 2011
If the other person does not have insurance, you have two options. First, many drivers carry uinsured or underinsured motorist coverage. If you...
Archived
How can I draft a CCP 998 offer?
Paul's answer
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Answered on May 23, 2011
The party propounding the CCP 998 offer need serve on the opposing party an offer in writing to allow judgment to be taken in a specific sum or...
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Archived
I was molested at age 15 in La. in 1992. Can I file a Civil Lawsuit against my abuser now?
Paul's answer
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Answered on May 23, 2011
In 1993 Louisiana enacted a special statute of limitations allowing victims of child sexual abuse to bring actions within 10 years of attaining the...
Archived
What do I need to do in order to take 2 parents to small claim court in PA?
Paul's answer
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Answered on May 23, 2011
Please click the links below for information regarding the small claims court in Pennsylvania:...
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