Archived
Can affirmative defenses be included in the defendant's answer "in order to preserve defendant's rights?" It seems they should
Michael's answer
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Answered on July 20, 2013
It is standard for a defendant responding to interrogatory 15.1 to state affirmative defenses were plead in order to avoid waiver and that...
Wrongful death California contingent fees
Michael's answer
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Answered on July 18, 2013
In regard to your question of how costs are figured into the contingency fee calcuation, there is no standard or statute that applies and it...
Archived
Is it allowed that opponent or his attorney bother witnesses?
Michael's answer
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Answered on July 18, 2013
Attorneys may contact witnesses to discuss the events; there is no prohibition. Merely contacting individuals who is a witness cannot be consider...
Rental car expense goes 3x more than approved by my insurance company. Can I be sued for the difference?
Michael's answer
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Answered on July 18, 2013
You should not have personal liability for the rental vehicle in excess of the approved rates of your insurance company. As indicated by the other...
Archived
If I lived in a house with no lease, can I be sued for property damage?
Michael's answer
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Answered on July 17, 2013
You don't have a lease, so there is no breach of contract action. However, you can still be responsible if your negligent conduct caused the...
Went to gas station and got gas on my eye. help!
Michael's answer
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Answered on July 17, 2013
Are you able to sue the gas station? Sure. Are you going to win? Very doubtful. You need to first establish the gas station was negligent. The...
In an employment lawsuit, is there a limit to the number of days for the completion of the deposition? If none, does it mean it
Michael's answer
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Answered on July 16, 2013
Prior to January 1, 2013, there was no time limit on depositions. Now, Code of Civil Procedure Section 2025.290 limits depositions in State court...
Archived
How Do I Get My Lawyer To Return My Funds Held In His Lawyer/Client Trust Account?
Michael's answer
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Answered on July 16, 2013
You should first find a lawyer you want to replace the current attorney. The new lawyer can review the file and determine why the funds are in the...
Archived
Can I get a court order to have other side respond sooner to my discovery?
Michael's answer
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Answered on July 16, 2013
It is very unlikely a court would require discovery responses in less then 30 days, regardless of the number. There must be a showing that you wil...
Archived
How do I get a good attorney to handle litigation and how much should I reveal to avoid being taken advantage of? I want results
Michael's answer
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Answered on July 15, 2013
Initially, it is difficult to answer because every legal situation is different. Some cases can be taken on contingency while others require an...
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