What are penalties/damages I can claim; if the plaintiff fails to file a satisfaction of judgement with small claims court?
Charles's answer
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Answered on August 29, 2012
The proper procedure is under California Code of Civil Procedure Section 724.050. It says how to properly do a demand for the Acknowledgment, and...
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When you complete a Proof of Service Form, is there a blank form that goes with it?
Charles's answer
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Answered on August 29, 2012
You basically have this right. The Proof of Service shows that you did what was necessary under the law to get the documents to the other party. ...
I won my smalls claims case and the defendant filed an appeal in "bad faith". Should I mention that to the judge?
Charles's answer
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Answered on August 28, 2012
Basically, you should act as though the original proceeding never happened. It just doesn't matter. The new hearing is "de novo," which...
Archived
Judge's Order & Notice of Entry in Conflict
Charles's answer
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Answered on August 28, 2012
I would go to the court clerk's office to look at the docket sheet and ask as to the status of the transfer. Given all the budget cutbacks, you...
If i sue a husband and wife in small claims in ca, do i have them served individually? would the court make both of them show up
Charles's answer
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Answered on August 28, 2012
If you sued both of them, you should have both of them served individually. If both of them are served, then both have an obligation to show up...
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How long by statute can the court clerk take to enter default in unlawful detainer case? in fresno county it is taking 3 weeks.
Charles's answer
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Answered on August 28, 2012
I know of no statute governing the court's time limit here. Fresno County, however, is consolidating its courts due to budget cuts. Still, a...
Can the propounding party to civil unlimited action be more than one party?
Charles's answer
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Answered on August 27, 2012
There is nothing to prohibit you from propounding discovery in this fashion, if you truly want each of defendants D, E, & F to answer all of the...
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I own a Maid Service and operate 100% legally and my competitors (many) do not. Can I use small claims for UCL or FAL?
Charles's answer
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Answered on August 27, 2012
Probably not. The statutory unfair competition and false advertising laws in California do not allow you to recover damages. They only provide a...
Archived
My funds are used as part of court order setting up trust fund to pay only mortgage payments for a divorcing couple due to lies
Charles's answer
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Answered on August 27, 2012
I realize that money is tight for you, but you really need to sit down with a lawyer to review the history of this matter, and get some advice. ...
Archived
If suing under state and federal law in state court, when is the latest a Defendant can remove an action to the federal courts?
Charles's answer
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Answered on August 27, 2012
My learned colleague is correct. Also, I strongly doubt the State ever considered removing the action. My experience is that states hate to be...
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