Archived
In an answer to a complaint or cross-complaint, what is a statement of new matter constituting a defense?
Neil's answer
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Answered on October 03, 2012
The best way to know what affirmative defenses you need to state is to confer with an attorney. If that is not possible, a legal clinic. If not...
Archived
A shop did work on my car that I didn't approve & Tried to my car. I took my keys back and drove off. can they press charges?
Neil's answer
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Answered on October 03, 2012
The shop can sue you for the value of the work they performed. To avoid being involved in that, you should attempt to negotiate. You cannot just...
Archived
How to prepare for pre-trial / settlement conference?
Neil's answer
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Answered on October 03, 2012
Many courts will have a document they prepare and give to attorneys at the Case Management Conference regarding how the court will proceed to...
Archived
Can opposition attorney ask for plaintiff's personal computer inspection for the sake of discovery process?
Neil's answer
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Answered on October 03, 2012
Mr. Daymude has given a great answer. My short response is yes, under certain circumstances a party can demand a review of computer-stored data,...
Archived
CA-What can I do if my roommate does not move her wrecked car from my (rented) driveway?
Neil's answer
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Answered on October 03, 2012
You can sue her in small claims court for any damages caused by her leaving the car there. There are other legal actions you could bring, but I...
Archived
Can you be required to appear in court for an ex-parte hearing without being served papers?
Neil's answer
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Answered on October 03, 2012
If the party is represented by an attorney, ex parte notice was improperly made on the party instead of the attorney. However, on a practical...
Archived
Can I get the original lawsuit dismissed as I was never served? It has been about 4 years since the suit was filed in CA court.
Neil's answer
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Answered on October 03, 2012
The bad news is that the statute of limitations is no longer an issue once the lawsuit is filed. So, when the creditor filed the lawsuit 4 years...
Archived
Attorney forced me into a settlement I did not want, haven't signed the release.
Can I do anything?
Neil's answer
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Answered on October 03, 2012
You can refuse to sign the settlement and find a new attorney. That is your right if you have lost trust in your attorney. However, unless your...
Archived
Do I need to serve a request for default on opposing counsel in a civil case. They failed to answer the complaint and I want to
Neil's answer
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Answered on October 03, 2012
If the time has passed for the filing of a responsive pleading, you have the right to file a Request for Entry of Default. You are not required to...
Archived
Sexual Harassment Case: I witnessed what I think was the Defendant starring at a woman overly long. Should I contact the judge?
Neil's answer
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Answered on October 03, 2012
No. What you observed cannot be used in any what in the trial. Believe it or not, even if you were a juror in the case, you would not be allowed...
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