When counting the 45 days on a Motion to Compel, are holidays excluded and do I count an additional 5 days (CCP 1013(a))?
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Answered on December 14, 2011
Assuming you are in California state court, a party normally has 30 days to respond to interrogatories. CCP 2030.260(a). You then have 45 days to...
Catering company did not show when promised. Signed contract. Can I sue for breach of contract, fraud, and negligence?
Howard's answer
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Answered on December 12, 2011
You very well may have a claim for breach of contract. It would be important to review the agreement you signed to determine whether you have a...
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Need 2nd Opinion About Appellate Process
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Answered on November 15, 2011
Respectfully, your summary of your attorney's statement does not make much sense.
The U.S. Supreme Court is a federal court. It is the...
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Requesting Civil Advice
Howard's answer
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Answered on October 27, 2011
Quite likely, but it's hard to tell from the limited facts presented. Was there any writing governing the investments? If so, the terms of the...
How many questions from a deposition will be actually be asked at trail?
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Answered on October 03, 2011
A deposition is a vehicle to discovery information -- everything that might be relevant to a case. By the time a case gets to trial, it is...
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What is a stipulation?
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Answered on October 03, 2011
A stipulation is just an agreement (here with the other side). If you sign it, you would be agreeing to reschedule the status conference and trial...
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Appeal from Nevada Supreme Court?
Howard's answer
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Answered on October 02, 2011
If there is a federal question involved, there may be an appeal to the United States Supreme Court. SCOTUS, however, takes very, very few cases...
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Can a pro per Defendant subpoena an attorney representing Plainitff?
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Answered on September 26, 2011
Until and unless the court rules on the motion,
no appearance is required. Your question
suggests you are seeking privileged
information. You...
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Interrogatories -- is it 25 per party or per side (federal court)?
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Answered on September 25, 2011
Per party. Federal Rule of Civil Procedure 33(a)1 states:
Unless otherwise stipulated or ordered by the court, a party may serve on any other...
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Is there any legal ground to stand on if a Doctor makes and then later breaks a verbal promise about his ability to treat you?
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Answered on September 25, 2011
Some types of oral contracts are enforceable. There also is a doctrine called "promissory estoppel" that lets you enforce oral promises even if no...
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