In clear light of law and authority: Who do you complain to if CACI gets it wrong – and will substantially impede a fair trial?
Scott's answer
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Answered on September 24, 2020
Agreeing with counsel, you first present an appropriate alternative and object if you believe CACI is inapplicable or actually wrong. Keep in mind...
Plaintiff hasn't amended their complaint after sustained demurrer. Do I file a motion to dismiss or ex parte application?
Scott's answer
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Answered on September 23, 2020
If tthe demurrer to all causes of action were sustained, then a motion to dismiss would be appropriate. However, the policy is trial on the...
What do I file with the court between receiving a defendant's demurrer and the hearing?
Scott's answer
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Answered on September 22, 2020
You can also amend to correct the defects. Consider that before opposing. Your amendment is due the same day as the opposition would be, but you...
How can you list more causes of action on a complaint than what fits on the designated space in the first page?
Scott's answer
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Answered on September 22, 2020
Since you appear to using the form,you check box for the attachment. There is a form blank page with a caption at the top.
Archived
Can a complaint be filed in superior court whereby you will not have to pay the other side's attorneys fees if lose the hearing?
Scott's answer
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Answered on September 22, 2020
The general rule is that each side pays their own fees, but there are exceptions. You control what claims you raise. You need to consider the...
Archived
What do i do to get my truck repaired
Scott's answer
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Answered on September 22, 2020
Agreeing with counsel Small Claims is the right call. Start by reviewing your contract.
Credit from 12 years ago lawyer is stating that statute of limitations does not apply?
Scott's answer
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Answered on September 21, 2020
Agreeing with counsel, statute issues are fact intensive. Read the tolling agreement, or ask for a copy to read. There are many issues regarding...
Archived
Can I sue or press charges against someone who is proven to be lying about me committing criminal threats?
Scott's answer
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Answered on September 18, 2020
Agreeing with counsel, defamation is seldom economic and often counter productive. You can cause more harm than good to your own reputation, and...
What to do when “Seller in Possession” (SIP) is violated and seller remains in home past agreed date?
Scott's answer
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Answered on September 18, 2020
You likely used the CAR form. If so, initiate mediation and arbitration, if the box was initialed. It's timing consuming, but it will ramp up the...
Archived
Do I have 180 days to appeal to Court of Appeal (CRC 8.104(a)(b)(c))?
Scott's answer
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Answered on September 14, 2020
If no service was made, then you should have 180 days. Be careful as sometime service is made but you do not receive it. Act immediately. ...