Archived
Defendant in civil case in California filed motion to dismis and mone sancti. is there civil procedure that prohibits that notio
Catherine's answer
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Answered on December 20, 2012
No, there is no statute that prohibits the motion you describe. In fact, the discovery act includes express provisions for motions for sanctions,...
Archived
Does a Continuance of Mtn Summary Judgment Hearing allow Respondant to refile or add to Declaration, Pts Auth, Seperate Statemen
Catherine's answer
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Answered on December 19, 2012
Yes. You can file a new response. That is why the court granted your request for continuance, to allow you to meet the standard, if you have the...
May I plead my case to a jury in a petition to partition undivided interest civil suit?
Catherine's answer
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Answered on December 19, 2012
Generally, partition actions are equitable and not subject to trial by jury. That is true in most states. I hope a TX lawyer will weigh in on...
Archived
Can a NON-PARTY, and in PRO-PER witness pose objections on his own behalf at a DEF'S deposition when subpoenad
Catherine's answer
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Answered on December 18, 2012
As my colleagues have indicated, yes, you can raise the objections but you need to know what is proper. For example, there are two marital...
Archived
After oral arguments on a petition for writ of administrative mandate, the court has taken the matter under submission...
Catherine's answer
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Answered on December 17, 2012
Yes, it would be unwise to inquire as to the expected timeframe. Most courts are under extreme pressures with inadequate funding and inadequate...
When can motion to compel production of documents be filed when deponent failed to bring requested documents to his deposition ?
Catherine's answer
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Answered on December 16, 2012
Attorney Chen's answer is correct. If you are running out of time (coming up on the discovery deadline or the discovery motion deadline) you can...
Archived
Small claims witness: Legitimate witness fee or buying testimony?
Catherine's answer
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Answered on December 16, 2012
Attorney Chen is absolutely correct. If this witness was not an expert, the statutory fees apply. It is what it appears, "buying testimony," and...
Archived
Does my six year old need to go to court to testify if I receive a summons for him
Catherine's answer
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Answered on December 15, 2012
Do not disobey the subpoena if you receive one. The judge will evaluate whether your son is competent to testify.
Archived
Can I sue a company in MA that owes us for goods we delivered to it in MA? The company paid us with checks that were sent here.
Catherine's answer
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Answered on December 14, 2012
I agree with Attorney Chen--based on the facts you indicate, you probably have valid jurisdiction and venue in either CA or MA. I will add that if...
How long after a tentative ruling by the judge is a judgment final? Does that ruling get reviewed by other judges as well?
Catherine's answer
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Answered on December 13, 2012
Generally, if there has been a tenative ruling you cannot file "a separate lawsuit" or "another motion" that will change the tentative or final...
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