In the California Superior Court, the (1) notice of motion and motion, and (2) memorandum of points and authorities can be filed as either separate...

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I recently had a phone call from someone who wanted to read an affadavit to me over the phone.

It is not necessarily unusual. For example, an attorney or investigator or pro per party may call up a witness and read another witness' affidavit...

If a judge signs an oder to have a trial on a specific day can it be postponed?

The court generally has wide discretion in regard to procedural and scheduling issues. So the court potentally could postpone the trial again,...

I will be filing a motion for notice of reconsideration for sustained demurrer without leave to amend.

A Statement of Decision is not appropriate on a ruling on a demurrer. See...

When and how to ask for the court to provide a statement of decision

A statement of decision is available in non-jury proceedings where a question of fact is being determined, See Code of Civil Procedure section...

Is there a specific federal or state statute which governs informed consent?

Informed consent in California is governed by case law. CACI (California Jury Instruction) 533 states as follows: Failure to Obtain Informed...

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Once a lawyer withdraws a motion, can he forward the same motion at a later date?

When a motion is withdrawn, it is as if the motion was never filed. Hence, the litigant can choose to utilize the same motion, notice it for a...

Can an insurance company determine legal liability for damages to the property of their insured?

The insurance company can investigate a claim and take a position regarding whether there is coverage or who bears liability. (Taking a position is...

Sue or small claims for mishandled belonging and misplaced

I'm not clear what you are asking, but if your claim is less than $7500, any suit you file should be in the small calims court.

I want to know if i can sue my former employer for wrongful termination. I was fired for email, facebook.

Wrongful termination cases can be difficult to prove since Michigan, like most states, is an "at will" employment state. "At-will" means an...