Archived
Ex's attorney continuously serves and or files responses too late in accordance with CCP section 1005(b).
Catherine's answer
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Answered on April 09, 2012
If you mean oppositions or replies to motions (which are not called "responses"), the court is responsible for enforcing the timely filing of...
Archived
Does the estate attorney get more fees from the estate while she is defending an
appeal to her excessive payments?
Catherine's answer
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Answered on April 09, 2012
Yes, she may well obtain further fees. Fee decisions are discretionary decisions by a trial court. That means the appellate court will generally...
Can a defendant in a small claims case counter sue the plaintiff when the case goes to appeal
Catherine's answer
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Answered on April 09, 2012
Appeals are limited to review of what happened at the trial court level. If the defendant failed to file a cross-complaint, the defendant may not...
Archived
Can credit card companies file a case against you in court or dock wages?
Catherine's answer
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Answered on April 09, 2012
If you have received a summons, that is your notice from the court. A lawsuit is never served by the court, itself, but instead by a process...
Archived
Landlord Question
Catherine's answer
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Answered on April 09, 2012
Your questions are a bit confusing because I think you are misusing the term "landlord." Landlord is the owner of the property. If your lady...
Archived
I am being accused of trademark infringement & told to change my name, can I add a work at the end of the name to make it legal?
Catherine's answer
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Answered on April 09, 2012
I don't think you should automatically "roll-over" on this one--you might be the one who is being infringed as my colleague pointed out.
Seek a...
Archived
What does "credited to any final settlement or judgment" mean?
Catherine's answer
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Answered on April 09, 2012
I suspect that you have already been paid (or the insurance company has paid on your behalf) $5000, perhaps for medical payments or car repairs. I...
Archived
Probate lawyer contest will
Catherine's answer
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Answered on April 08, 2012
Yes, the attorney for the estate is always paid out of the estate, even if not hired or agreed to by the beneficiaries. The executor is the only...
Archived
JURY INSTRUCTIONS. What if there are not enough of them?
I am re-posting this since I didn't say it is about jury instruction.
Catherine's answer
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Answered on April 07, 2012
As my colleagues have indicated, she needs to provide the appropriate instructions for each of her causes of action, including the definition...
Archived
Can I win a lawsuit against a car insurance that is suing me for not paying damages on another person's car?
Catherine's answer
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Answered on April 07, 2012
Attorney Chen is correct--this is likely a subrogation claim.
You say both of you agreed not to call insurance companies. Well, that kind of...
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