Archived
I am looking for some legal support for being able to call a family member as an adverse witness against a party.
Catherine's answer
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Answered on March 16, 2012
You can call any witness who has relevant, admissible evidence to offer that is not privileged. It doesn't matter if that person is related to the...
Can a subpoena be served by mail in CA?
Catherine's answer
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Answered on March 16, 2012
No. A subpoena must be personally served.
Archived
Are Defendants limited to defenses asserted in their Answer when they file a MSJ to show a COA has no merit? Authority please?
Catherine's answer
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Answered on March 15, 2012
Attorney Chen's answer is absolutely spot on. Generally, MSJs are predicated on the notion that the plaintiff cannot prove an element of his/her...
Archived
Should I appeal small claims court decision against me?
Catherine's answer
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Answered on March 14, 2012
Anybody can sue anybody for anything. You need to respond when sued.
It isn't clear from your question, but since you are asking about...
Do I have the right to refuse accepting a subpoena if I don't know what it"s for?
Catherine's answer
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Answered on March 13, 2012
You cannot "refuse to accept" a subpoena. The process server or officer who serves it on you generally will have complied with the law for service...
Archived
How should I response to motion for substitution of attorney at appellate court?
Catherine's answer
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Answered on March 12, 2012
There is not a specific form for a motion in the court of appeal. You simply need to follow the rules of court, beginning with rule 8.50. ...
What does the phrase, "insufficient as a matter of law" mean?
Catherine's answer
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Answered on March 12, 2012
It is difficult to give you a good answer without knowing the context. That said, complaints and answers must include certain things in order to...
Archived
How long do the USPS have to file an Appeal after they lost a Civil Suit.
Catherine's answer
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Answered on March 10, 2012
You don't indicate if this was a state or federal action, but since it was against the USPS, I'm suspecting it was a federal action. Generally,...
Archived
I'm being asked to sign a settlement agreement. Help!
Catherine's answer
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Answered on March 09, 2012
Do a search on AVVO for an attorney whose area of expertise is consumer credit and who lives in your area. Most attorneys who work on consumer...
Archived
Does the time to file a writ petition get extended by the service by mail rules?
Catherine's answer
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Answered on March 07, 2012
I think you probably mean a writ of mandate, not a writ of possession. A writ of possession is what you obtain after you have judgment that you...
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