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I appealed this case because the Hearing Officer did not review, as she said she would, my calculation of unpaid overtime which was incorrect. So if she didn’t do that she obviously did not look at my evidence after the hearing. During the trial...
The Court simply accepted the ruling. It did not admit into evidence whatever was provided to the Hearing Officer. I do not see how this ruling can be used as ground for a motion for new trial.See question
I need to subpoena production of documents that is out of the country. This is for a DV case so I don't need to give notice to restrained party. Specifics on how to request this would be helpful. Thank you.
The question isn't so much the location of the documents as it is the location of the person who has control over them. If that person is in California, then you can subpoena the person and get the documents. If that person is outside the country, you have to figure out if there is a mechanism in the foreign country that you can use to require production.See question
I sent a business a payment of $4200 with another $600 due upon on delivery of product, for a total of $4800. The products were to be delivered in 2 weeks. I sent a bank draft in his name from my credit union via USPS with tracking. He acknowled...
A typical process here is to write a formal demand letter, asking either for a full refund or delivery of the product. If you receive no response, you would typically sue in small claims court for the amount of your loss. You may have to sue in California, however, as I do not know if Florida small claims court allows you to sue an out-of-state defendant.See question
A final hearing is coming up, and if Judge goes ahead and signs the incomplete, mistake-ridden, self-contradicting Final Judgment that attorney threw together in 10 minutes, I plan to file an appeal immediately, but also want to stop other side fr...
You could certainly prepare the papers and serve them right there in court, but it is extremely doubtful that the Court will hear your ex parte request that day. Ex parte proceedings require service a certain amount of notice before the hearing on the papers.
You can also advise the Court at the hearing that you intend to seek a stay of execution, and ask if it will issue a short temporary stay until your stay request is heard -- that is up to the Court. Indeed, other counsel may stipulate to that, if the stay until the hearing is quite short.See question
I was granted a TRO against my husbands ex mistress who is now my coworker. At the hearing the judge denied it because she hasn't physically attacked me and there were no threats of violence. I have multiple medical documentation supporting the fa...
The fact that you have suffered emotional distress is insufficient. You must also show either outrageous intentional conduct directed toward you, or one of the narrow sets of facts for negligent infliction of emotional distress described by one of my colleagues. It's impossible to evaluate your situation without knowing what this other person did. You should speak to a personal injury lawyer, or one that specializes in restraining orders, for assistance.
Please do not post those facts in response to this post. We cannot evaluate facts and give you opinions in a public forum. You really need to speak to an attorney directly, and in a professional and confidential setting.
Best of luck to you.See question
I'm suing a college for negligence, defamation, IEDD, retaliation, harassment and breech of good faith & fair dealing. An instructor failed to communicate all class assignments upon being asked about them several times; but she did say "yours are...
There are procedural steps that you must take before suing a governmental entity, including filing a claim with that entity and having that claim denied. Your claim will be dismissed if you failed to file the claim. The procedure is set forth in the California Tort Claims Act in the Government Code.See question
My lawyer filed on my behalf a lawsuit for breach of contract against my former employer. The opposing lawyer refused to stipulate to adding key relevant documents to the record. We filed a motion to augment the record. A hearing date has been set...
The judge could deny the motion if the additional evidence would unfairly prejudice the other side. This could happen if the other side was surprised by the evidence and did not have an ability to contest it at trial.
Following procedure is usually not enough to guarantee that the motion will be granted. You should look at the other side's opposing papers, to see the reasons why they think the motion should be denied. You should also ask your lawyer this question.See question
I need to send both an request for production of documents and a demand for inspection of premises. They can either mail the docs to me or meet at a copy store as specified. The land inspection will be at another site and on another date. I want ...
The statute does not require them to be in separate documents. If you put them together, be sure that the separate dates for the inspection of documents and inspection of land are clear.See question
If I have a matter pending in a foreign jurisdiction, how easy is it to issue a subpoena to Google in California? What are the costs? The foreign court will not issue the subpoena since it is not acceptable to issue 3rd party subpoenas here.
It's complicated, but it can be done. A lot depends on the country where the other case is pending, and what treaties exist between that country and the US. Often you need to get the foreign court to get letters rogatory, and send them to the Department of State. Eventually the appropriate federal court will issue a subpoena. This can take months to accomplish, however.See question
I am in a personal injury civil case, I just received a voicemail from defendants attorney who would like for me to reschedule the hearing. They did not send out an opposition on the subpoenas. So, I was hoping there would be no issue. A couple ...
You can stipulate to continue the hearing, or you can decline and have the hearing go forward. If you stipulate you can state that the increased time does not give the other side the right to oppose the motion,
Defendants will likely argue they should be entitled to at least oppose the new exhibits, and may ask the Court to continue the hearing. It is then up to the judge to decide what to do. Most likely, he or she will allow some opposition to the new exhibits.See question