Concerning a dismissal of a lawsuit . should the attorney writing the wavier of malicious prosecution contact the defending

You need to try to achieve a settlement with the opposing attorney--that settlement is an offer to dismiss with prejudice in exchange for a waiver...

Prejudice is an interesting word. It can be used to describe all sorts of things and usually it means something bad. But in describing evidence,...

Attorney Chen is correct. I would add that, in fact, what happens at mediation is not admissible in evidence, so there is absolutely no reason to...

The plantiff is no longer mentally capable of rememoring facts about the incident. There was a depo. conducted.

If your family member has an attorney, discuss this with the attorney. The plaintiff's attorney should be motivated to put the case on the...

Does a motion for reconsideration need to be noticed?

CCP 1005(b) applies to every motion, even those not listed in subdivision (a), unless the statute regarding the motion provides otherwise. So...

As Attorney Chen indicates, judicial notice is not automatic, it must be requested. Public records (such a deeds, birth certificates, marriage...

Judge duty re jury instructions; appeal?

Generally, no, not in civil cases. There is a duty to insure correct instruction in criminal cases. The case law indicates a judge does not...

Subpoenaed to court as a witness however i was not a witness

If the subpoena was sent by an attorney, by all means, contact the attorney and inquire. If it was sent by a party acting in pro per (without an...

Subrogation question

If you have an attorney, you should discuss this with your attorney. Subrogation is a business decision made by two insurance companies; it has...

CCP 659 - 16 Day Noticed Motion or Ex Parte Notice? No extension for service by mail?

No. Motions JNOV and for New Trial have very specific requirements. The notice must be filed and served within 15 days of mailing of a notice of...

Selected as the best answer