Archived
After a lawyer files a lawsuit how many years must he file the service of process.? What is the Rule of Law on this subject?
Scott's answer
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Answered on April 24, 2020
See Cal. Rule of Court 3.110 which requires filing the proof of service (known as "return of service") of the summons with the court within 60 days...
In a CA civil case, can a Pltff issue a depo subp. for prod of biz records to a nonparty before def has been served w/complaint?
Scott's answer
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Answered on April 24, 2020
Plaintiff in a California state court action must wait 20 days after serving defendant before serving a deposition notice. See CCP2025.210. Third...
Fed Court. Can I oppose a motion for to vacate ENTRY of default filed by Def?
Scott's answer
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Answered on April 23, 2020
Agreeing with counsel, I would add that you need to evaluate the circumstances of the default to see whether the defendant's motion is meritorious....
Can I claim on General Contractors Surety Bond for project delays, I have liquidated damages clause on the contract they signed.
Scott's answer
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Answered on April 22, 2020
Liquidated damages are usually a separate issue from the construction bond. You get liquidated damages by suing. The bond provides modest...
Being criticized on all declarations from other parties documents, is that allowed ? ?
Scott's answer
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Answered on April 22, 2020
If it is relevant but adverse, that is just evidence. If it is false and perjury, there is a theoretical risk of perjury charges for the liar, but...
DO YOU COUNT THE WEEKEND WHEN COUNTING THE 35 DAYS TO RESPOND TO DISCOVERY?
Scott's answer
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Answered on April 22, 2020
You count the total number of calendar days. If the 35th day falls on a weekend, then the next business day is the deadline.
Notice of Association of Counsel?
Scott's answer
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Answered on April 21, 2020
Serve any attorney who has formally appeared in the same matter, but, agreeing with attorney Strauss, continuing to deal with the lead attorney...
Archived
Is Electronic Information admissible evidence in a custody case?
Scott's answer
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Answered on April 21, 2020
Agreeing with attorneys James and Shields, consider this CEB publication on getting text messages into evidence: It cites the major issues and...
Undisputed and disputed material facts in a separate statement for summary judgment.
Scott's answer
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Answered on April 21, 2020
Agreeing with counsel, consider the separate statement as the scorecard used by the court to determine who wins. That is exactly how courts use...
Archived
Submitting a motion to dismiss are we jeopardizing any chances of filing a new suit for damages?
Scott's answer
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Answered on April 21, 2020
Agreeing with counsel, we do no have enough information to comment, and we cannot give ultimate legal advice here. Generally, if you get the case...