Archived
When I file a lawsuit on my doctor, who works for the Dept. of Public Health, how should I name the defendant in the complaint?
Charles's answer
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Answered on January 19, 2014
There is no specific rule on this point. As is true in all aspects of the law, you want to be clear.
Many people use either a comma or a...
Archived
I won a partial judgement against a dentist in small claims court in CA for unrendered services. Do I
have another suit?
Charles's answer
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Answered on January 07, 2014
In general, you only get one shot at a claim -- you don't get to litigate piecemeal things that could and should have been brought together. There...
Archived
Is the Schedule date for hearing motions to amend pleadings firm?
Charles's answer
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Answered on January 07, 2014
You need to state whether you are in federal or state court, to make sure the answer applies to you.
I assume you are in federal court with a...
Archived
Can the memorandum of points and authorities, and the separate statement both refer to the same copy of exhibits? Or should
Charles's answer
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Answered on January 06, 2014
The separate statement and the memorandum can (and should) refer to the same copy of exhibits. The exact format of presenting the exhibits is a...
Archived
Do attorney's only work on a contingency basis when you're trying to sue someone, or are there other times they will work on one
Charles's answer
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Answered on January 06, 2014
Legal fees in litigation are subject to negotiation between lawyer and client.
That being said, I have never seen a case where a defense...
Archived
If I serve amended responses, does that take a pending motion to compel off calendar?
Charles's answer
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Answered on January 06, 2014
No. The motion remains on calendar until the moving party asks to have it taken off calendar. You have no ability to do this, though you can...
Archived
There is a motion hearing pending a week from Monday in federal court. How likely is it that the judge would have ruled...
Charles's answer
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Answered on January 06, 2014
It is unlikely that the judge has ruled on the motion a week or more before the hearing.
Your papers, however, need to be filed in a timely...
Archived
Can you file a lawsuit against a major iPhone application developer for failure and privacy violations?
Charles's answer
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Answered on January 06, 2014
App providers are generally treated the same as other providers of goods and services. You need to look at the terms and conditions of the...
If defendants are objecting to my PMQ categories, do I need to address each categories in a motion to compel?
Charles's answer
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Answered on January 06, 2014
Without seeing your notice of deposition and the objections, it is not possible to advise you. Better procedure, however,will likely require you...
Archived
Can I force the parents of a 9 years old to pay for the damage she willingly did to my car? mom said she will not do anything.
Charles's answer
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Answered on January 06, 2014
A parent can be held liable for the willful misconduct of a child, up to certain statutory limits, pursuant to California Civil Code Section...
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