Do we have the legal right to lock the gates for HOA walkways which go through our private California beachfront condo complex?
Scott's answer
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Answered on June 14, 2019
Land use history requires a full view of the facts, but if no exaction or express easement was made then the public access argument would be based...
Archived
CA Conditional Wavier and Release on Progress Payment
Scott's answer
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Answered on June 14, 2019
Agreeing with counsel, liens require simple but clear compliance. The GC may have difficulty enforcing.
Archived
How low of a settlement should I be willing to accept if I'm planning to sue my lawyer for negligence and malpractice after?
Scott's answer
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Answered on June 14, 2019
Agreeing with counsel, this kind of question can only be answered by qualified counsel after investigation and with possession of all facts. ...
Explain CCP 2025.480(b)?
Scott's answer
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Answered on June 14, 2019
CCP 2025.480(b) says that the 60 day rule runs from the "completion of the record," that is the transcript. But be careful, as notice of...
CA Trail Court: can an appellant file an appeal to a vexatious litigant order WITHOUT filing an appeal to order to dismiss suit?
Scott's answer
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Answered on June 14, 2019
You appeal only from final judgments (including orders of dismissal) or appealable interlocutory orders. Make sure to appeal fro the correct order.
Archived
How can I use previous matters admitted in second court case?
Scott's answer
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Answered on June 14, 2019
The demurrer challenges their current complaint, so changes should not be a problem. They get on free amendment and thereafter need court...
Archived
Are witness fees required if a witness is excused from appearing, per SC-107 Item 4b ?
Scott's answer
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Answered on June 14, 2019
Witnesses are entitled to ask for their fee at the time of service, but the fee should not owed if the witness did not appear and was excused. ...
I submitted Interrogatories and asked for verified response? But who can provide the answers?
Scott's answer
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Answered on June 14, 2019
Attorneys generally do not verify responses. They are counsel, not witnesses, customarily.
Archived
In California how do I file a small claims case against Kohl's for failing to provide a corporate refund
Scott's answer
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Answered on June 11, 2019
Agreeing with attorney Treglio, here the the Banning Small Claims web link:
https://www.riverside.courts.ca.gov/bldgs/banning.shtml
Here is the...
Archived
Can I sue a dealership for repairs not completed?
Scott's answer
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Answered on June 10, 2019
I changed the area of law to litigation. You first should look at your repair contract and warranty to see how they apply. You may have claims...