Questions answered by James Coy Driscoll

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17 year tenant eviction ?

James's answer | Answered on January 16, 2019

You are being treated unfairly and likely illegally by the relatives. Don’t move out; you may have a claim to an ownership interest in the...

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Is a request for discovery deficient if there is not a due date listed?

James's answer | Answered on January 16, 2019

And instead you have 2 extra days if the documents were sent by overnight delivery, such as FedEx. The time runs from when the discovery was SENT...

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My company is a CA Corporation and we were sued, however,summons didn't include notice required by CA CCP 413.20 protected?

James's answer | Answered on January 14, 2019

The only way improper service of a summons can be challenged is through a motion to quash. To file such motion, a corporation MUST be represented...

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Can my fiance of almost 14 months take back the gifts he bought me if I broke up with him ?

James's answer | Answered on January 14, 2019

The answer is no; a gift is complete when it is given to the recipient. There are no "take backs" or "do overs". What you describe is the crime...

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I am self representing myself. I was told to present an expert witness list. I had a friend subpoena my Occupational Therapist

James's answer | Answered on January 14, 2019

A self-represented party may request the court clerk’s office issue subpoenas. You are well out of your depth and you will get rung like a bell...

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Can I issue a subpoena by myself (via the court clerk) in a civil case, even I am already represented by an attorney?

James's answer | Answered on January 11, 2019

With respect, you do not know what you’re doing. You hired a lawyer; let him or her to his or her job.

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CORRECTION- of the question I asked / inquiry regarding fraudulent unlawful detainer action

James's answer | Answered on January 10, 2019

Regardless of whether what is said in the papers is true, if the defendants do not timely file a proper response, they will lose. You need to...

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So my mother recently accepted papers on my behalf for a child support case. The paperwork is obviously fraudulent, what next?

James's answer | Answered on January 09, 2019

Consult with a family law lawyer immediately. What you call “fraudulent” papers may be actual court paper, even if you disagree with what the...

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The sheriff already put the 5-day notice on the door and I stopped the lockout with the stay. Will he put another 5-day notice

James's answer | Answered on January 08, 2019

Once the notice is posted once, there is no need to re-post after a stay expires. You may want to seek another stay immediately. Talk with a...

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Can an attorney (California) require no cell phones during an initial consultation?

James's answer | Answered on January 07, 2019

I like this lawyer’s idea! For so many people, their cell phones are like a baby’s pacifier—they cannot go for a few minutes without it. You were...

James Coy Driscoll's Answers (1529)

17 year tenant eviction ?

Is a request for discovery deficient if there is not a due date listed?

My company is a CA Corporation and we were sued, however,summons didn't include notice required by CA CCP 413.20 protected?

Can my fiance of almost 14 months take back the gifts he bought me if I broke up with him ?

I am self representing myself. I was told to present an expert witness list. I had a friend subpoena my Occupational Therapist

Can I issue a subpoena by myself (via the court clerk) in a civil case, even I am already represented by an attorney?

CORRECTION- of the question I asked / inquiry regarding fraudulent unlawful detainer action

So my mother recently accepted papers on my behalf for a child support case. The paperwork is obviously fraudulent, what next?

The sheriff already put the 5-day notice on the door and I stopped the lockout with the stay. Will he put another 5-day notice

Can an attorney (California) require no cell phones during an initial consultation?