If a new minority member refuses to sign the current operating agreement does this cancel the offer? Do they still have claim?
Dana's answer
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Answered on April 10, 2014
You can demand performance if that is what you want, or you can take action known as anticipatory repudiation. I would not suggest continuing to...
Archived
What forms do I need to add an officer to my ca. C Corp. Buisness
Dana's answer
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Answered on April 10, 2014
Officers typically serve at the discretion of the board. Therefore, you need a board resolution or meeting appointing the officer. I would also...
Archived
Fine from HOA.
Dana's answer
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Answered on April 10, 2014
That is terrible and I am so sorry to hear that the place you call home is plagued by people who seem to be power hungry. You should report the...
Archived
I just received a CIV-100 and CIV-110. What does this all mean?
Dana's answer
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Answered on April 10, 2014
You will eventually have judgment entered against you and CIV 100 is the form that is processed to file a default (failure to respond in 30 days). ...
Archived
Nunc Pro Tunc Order
Dana's answer
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Answered on April 10, 2014
Notice is absolutely required for an ex parte and you need to serve the other side before the hearing (usually at the hearing). It is questionable...
Archived
How do I file a motion to quash summons?
Dana's answer
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Answered on April 10, 2014
If you want to change the venue, you should contact the opposing side and ask that they dismiss and refile in the proper venue. Change of venue...
Archived
Are there any benefits in proceeding in the court of appeal without reporter's transcript?
Dana's answer
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Answered on April 10, 2014
The reporter's transcript is necessary. You are free to call out inaccuracies to both the court reporter and the court. It is your burden to show...
Archived
The counsel for the three defendants filed one combined answer to my complaint. Did it cost the defendant a total of $1305 or
Dana's answer
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Answered on April 10, 2014
Each party, absent a fee waiver, pays a first appearance fee.
Can I request an extension of my deposition? If so, will I be sanctioned?
Dana's answer
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Answered on April 10, 2014
You should immediately contact the attorney who subpoenaed you and let him or her know that you cannot attend a deposition on any day other than...
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Archived
Can a motion, together with a motion to strike and a demurrer be filed a week before the osc generated by the court
Dana's answer
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Answered on April 10, 2014
Motions to Strike and Demurrers are what we refer to as "responsive pleadings." The defendant can file them anytime before default is taken...
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