Archived
Best way to answer to motion awarding attorney's fee for a dimissed case (without prej.) considering that a new complaint exist?
Paul's answer
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Answered on April 04, 2012
The case that has been dismissed is gone. That case cannot be consolidated with another case. I assume the request for attorney's fees relates...
Archived
How long in the state of california do i have to file a law suit involving a car accident i was in
Paul's answer
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Answered on April 03, 2012
Mr. McAleer gives good advice. I also am not aware of a time limitation regarding receipt of settlement money. It is possible your attorney was...
Archived
How can I make sure my attorney doesn't take of advantage of me, regarding the amount of a settlement?
Paul's answer
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Answered on April 03, 2012
You signed a retainer agreement so you know what the contractual arrangement is between you and your attorney. Your attorney cannot settle your...
Archived
I was wrongfully Terminated, what should be my next steps?
Paul's answer
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Answered on April 03, 2012
I don't think you have a case. California is an "at will" employment state. An employer can terminate an employee for any reason or no reason....
Archived
In a civil case, who has standing to move for dismissal?
Paul's answer
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Answered on April 03, 2012
No. A defendant can only move to dismiss a cause of action in which it is named.
In a civil complaint, do you have to specifically request a jury trial?
Paul's answer
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Answered on April 03, 2012
In California, you specifically have to request a jury trial. The request does not have to made in the complaint or at the time the complaint is...
Archived
Fired from job: Successful litigation possible?
Paul's answer
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Answered on April 03, 2012
It is unlikely you friend will be successful in a wrongful termination lawsuit. California is an "at will" employment state. An employer can...
Archived
A plaintiff files a personal injury case in a California state court. The defendant files a demurrer.
Paul's answer
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Answered on April 03, 2012
Attorney Chen is correct. You can keep filing demurrers until the court sustains a demurrer without leave to amend. I have seen a party file a...
Archived
Can a witness in a lawsuit be made to testify without a subpoena?
Paul's answer
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Answered on April 03, 2012
I am not a Florida lawyer, but in California representatives of corporate defendants or corporate plaintiffs can be deposed without a subpoena. ...
Archived
I filed an osc and rcvd s response, I would like to answer back to the response. court hearing 04/18, when final date for filing
Paul's answer
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Answered on April 02, 2012
Pursuant to CCP 1005(b), replies to oppositions to motions must be filed at least 5 court days before the hearing. Hence your reply must be filed...
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