Archived
Wouldn't I have to receive something in the mail to appear at a court hearing? I keep getting threatening phone calls.
Greg's answer
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Answered on September 28, 2015
When I had someone doing this to me, I called them back and invited them to meet me at my office so they could make personal service of the...
Archived
I need to know what to file with the court for an upcoming judgment debtor's exam for a third party previously ordered to exam
Greg's answer
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Answered on September 27, 2015
Nothing requires a judgment creditor to complete the first examination before noticing a second. However, if you think the judgment creditor is...
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Archived
Can I have someone mail an unlimited civil complaint to the defendants or does the law require personal service?
Greg's answer
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Answered on September 26, 2015
Take a look at the code sections Mr. Soffer cited. Unless there is some hurry, I would try serving first by mail with a "notice of acknowledgment...
If the other party violates a mediation agreement, is the agreement terminated?
Greg's answer
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Answered on September 26, 2015
I'll pile on with the "take the agreement to your attorney" advice, and add that absent some special provision, a breach does not usually terminate...
Archived
Neighbor A and neighbor B have it out for neighbor C.Neighbor A got a restraining order out on neighbor C.
Neighbor C never
Greg's answer
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Answered on September 26, 2015
Malicious prosecution is defined as proceeding or continuing with an action in the absence of probable cause. But one cannot sue for malicious...
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Archived
Time needed to file a Motion for Reconsideration after an Opinion.
Greg's answer
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Answered on September 26, 2015
You don't file a "motion for reconsideration," you file a "petition for rehearing." If this was from an appeal to the Court of Appeal, see rule...
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Archived
What's a fair workerscom lawyer fee.
Greg's answer
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Answered on September 26, 2015
Does the percentage depend on the time when the case ends? I have seen other contingency lawyer (personal injury) structure their fees so they get...
Archived
What responsive pleadings are appropriate if plaintiff files a lawsuit. loses, then files another lawsuit with the same claims?
Greg's answer
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Answered on September 25, 2015
Preclusion principles would apply. Often, the elements of preclusion can be established by the allegations of the complaint and documents from the...
Archived
Does a lawyer who issues and serves a subpoena in a California civil matter need to file the proof of service w/ the court?
Greg's answer
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Answered on September 25, 2015
The attorney does NOT have to file the proof of service until there is a need to prove service was made, and one typically only has to prove...
Archived
Can I get a copy of a suit filed against me in the courts if I have not been served yet?
Greg's answer
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Answered on September 25, 2015
You should be able to get a copy from the court. They may charge you a fee for copying.
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