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Per CCP1005, is it mandatory for Defendant to file Opposition to to the Motion and a Reply to Opposition by Plaintiff?
Faith's answer
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Answered on February 19, 2014
I agree with Mr. Hopstone. Defendant is not required to oppose your motion. And even an opposition is filed you are not obligated to file a reply.
Archived
Judgment against me for "failure to appear," but I never received a letter notifying me of the court date.
Faith's answer
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Answered on February 18, 2014
A motion to set aside default judgment under Code of Civil Procedure section 437 may be an appropriate option to pursue. This procedure will allow...
Archived
When you refile a motion because of a technical/procedural error do you have to refile it as a motion for reconsideration?
Faith's answer
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Answered on February 17, 2014
I agree with Mr. Kopelson. If the judge was not inclined to grant your motion after you included the answer then there is probably a good reason. ...
What is the procedure for filling out and filing the Summons (SUM-100) for a civil case?
Faith's answer
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Answered on February 17, 2014
The clerk of the court in which you will file your case may be able to help you. I generally list all parties on one summons at the top and then...
How do I know if I qualify for a public defender?
Faith's answer
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Answered on February 17, 2014
In most cases deputy public defenders are appointed by the court. If you are charged with a crime and cannot afford to hire an attorney, ask the...
Archived
I've been sued but I don't see the summon. What do I do?
Faith's answer
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Answered on February 17, 2014
The person/entity suing you (called the plaintiff) is required to serve you (usually via personal service to your home). If you have not been...
Archived
Can a LL have suit filled against them by tenant after an unlawful detainer has been filed and a judgement made?
Faith's answer
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Answered on February 14, 2014
I suspect that there are many facts associated with your case that are not articulated in your post. You have not provided nearly enough...
Archived
Trial is less than thirty days away and the defense counsel is trying to do depositions. What is the cut off date for discovery?
Faith's answer
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Answered on February 12, 2014
Discovery should be completed prior to 30 days before trial, pursuant to to Code of Civil Procedure section 2024.020(a). If that time has passed,...
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Archived
Under What Circumstances can a Business Contracting for Janitorial Services Be Considered a "Joint Employer" for overtime, wages
Faith's answer
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Answered on February 10, 2014
The primary consideration regarding joint employers is whether the would-be employer maintains control of the workers. You have described...
Archived
Hourly Worker - What is the minimum hours a an employee must work per pay period?
Faith's answer
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Answered on February 10, 2014
California does not require employers to provide any minimum number of hours to employees. The law focuses on compensating employees for all hours...
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