Archived
Court ordered defendant to respond to form interrogatories but it's past due. What is my next step?
Robert's answer
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Answered on January 27, 2012
In addition to the sanctions mentioned by Mr. Chen, you can of course seek monetary sanctions and ask that opposing counsel be held in contempt for...
Archived
Motion to Compel/CCP 2023.030/Sanctions
Robert's answer
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Answered on January 27, 2012
Yes, the motion can be granted and sanctions denied. Sanctions are generally discretionary, and the courts are loathe to grant them unless the...
Archived
California law or Rule of Court - matter cannot proceed until completion of discovery?
Robert's answer
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Answered on January 27, 2012
There is no such rule.
If you filed a motion for summary judgment and the party opposing it needs discovery, typically they will file a motion...
Archived
If I want to start a blog platform, who owns the intellectual property rights to the posts?
Robert's answer
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Answered on January 11, 2012
This is essentially what happened with the Huffington Post -- lots of free content from well-known reporters, writers and experts in their fields...
What happens after case is dismissed following change of venue?
Robert's answer
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Answered on January 11, 2012
The plaintiff can refile in Riverside, but you should get the case dismissed anyway, and seek costs for having had to respond to a complaint filed...
Archived
I was sued. Didn't respond. Plaintiff received judgment and is garnishing wages.
Robert's answer
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Answered on January 09, 2012
Assuming you are subject to jurisdiction and aren't trying to collaterally attack the judgment, then you need to hire a competent local attorney...
Archived
Big Car Club used my Artwork and made money selling merchandise with my Artwork. Can I sue?
Robert's answer
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Answered on January 04, 2012
There really isn't any question that if you are the copyright owner of the material that was sold by the car club (e.g., the shirts, clocks, mugs,...
Archived
When does a judgment take effect; at the time of the hearing or when it is entered by the court?
Robert's answer
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Answered on January 04, 2012
It depends on what the the Judgement says. Even if it was entered 9/22/11, if the Judgement says you owe additional support for all of September,...
What can be done when standard process service fails?
Robert's answer
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Answered on January 04, 2012
Per CCP Section 415.40 you can serve out of state defendants by first class mail, return receipt requested.
If the defendants fail to respond...
Archived
How do I answer a trademark opposition with a defense that the opposition's mark is generic?
Robert's answer
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Answered on December 22, 2011
Your question is a little bit confusing.
Oftentimes, terms are denied trademark protection because they are deemed to be "generic." If that is...