Archived
What is the definition of "filing a complaint" in California or within the 9th Circuit's jurisdiction?
Todd's answer
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Answered on October 28, 2015
If you are referring to a "complaint" as it is understood in the context of a lawsuit, i.e., a pleading that is filed with the court, the answer...
Archived
Can I file a counter complaint with a motion for relief from an order under FRCP 60(b)(3) or (d)(3)?
Todd's answer
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Answered on September 15, 2015
From a purely practical standpoint, I doubt that a federal judge will revive the case and add to her inventory so that you can obtain a dismissal...
Archived
State Farm's insured totaled my classic 71 Buick and is low balling me. They've incurred exp and want me to pay, etc....
Todd's answer
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Answered on September 11, 2015
If you are dealing with the insurer for the other driver and feel the offer presented is inadequate, you can sue the other driver for the damages...
Fight a denied renter's insurance claim for theft.
Todd's answer
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Answered on September 03, 2015
By "on the same policy" I assume you mean named insureds on the policy. If you requested that all three of you should be named insured, you have a...
Archived
Is legal advice for insurance claims reimbursable by insurer if initially deny the claim & later accepted the duty to defend?
Todd's answer
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Answered on September 02, 2015
It sounds like the insurer agreed to defend under a reservation of rights.
Attorney's fees incurred between the time notice of the lawsuit was...
Archived
In CA Corp, is service on corp secretary good service if not active in company?
Todd's answer
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Answered on September 02, 2015
Service on a corporate officer, the corporate secretary for example, is effective. The officer's level of activity or involvement in the business...
Archived
Is a noticed federal motion for preliminary injunction the same as a pleading where ALL parties need to be notified?
Todd's answer
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Answered on September 01, 2015
The general rule is that anything filed with the court must be served on all of the parties who have appeared in the action. The failure to give...
Deeded exclusive use parking space being used by neighbors. Board refusing to enforce the association’s Rule and Regulations.
Todd's answer
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Answered on August 31, 2015
In general, you can compel the HOA to comply with your development's governing documents/rules. That said, your Board of Directors is afforded...
What happens during a Mandatory Settlement Conference in the state of California?
Todd's answer
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Answered on October 15, 2010
The purpose of the conference is to informally resolve the case. To accomplish this the judge or neutral responsible for conducting the conference...
Archived
Time for motion pleadings
Todd's answer
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Answered on September 16, 2010
Before or at the time an answer is filed (CCP section 430.30), an objection to the sufficiency of a complaint made by a defendant would be raised...
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