Archived
Perhaps you can help me with this, I own a small company and I have civil suit for breach of contract with a company--more below
Charles's answer
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Answered on November 17, 2013
Chances are good that you do not have a right to appeal the dismissed cause of action at this time. Your remedy would be by a petition for writ to...
If Defendant's Demurrer is overruled, and does not file an answer within the time given by the Court, what's next steps?
Charles's answer
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Answered on November 17, 2013
The next step is to file a file a Request To Enter Default with the Court. This is California Judicial Council form CIV-100.
Note that if the...
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Archived
Can I file an amended complaint instead of
an opposition to a demurer?
Charles's answer
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Answered on November 17, 2013
If you have already filed a first amended complaint, however, the rules are different. You will need permission from the Court to file a second...
In California, how can my brother (successor co-Trustee and beneficiary) resign as co-trustee of the family's Living trust ?
Charles's answer
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Answered on November 17, 2013
The procedures for a trustee's resignation are set forth in Probate Code Section 15640. One authorized procedure is to follow whatever the trust...
Archived
Does a company's policy for distributing to heirs trump Ca code?
Charles's answer
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Answered on November 17, 2013
California law requires that a third party like a bank pass assets under its control to the named beneficiary. These assets pass outside of...
Archived
Could you tell me how to set up an outline for court questions, evidence, etc. litigation for breach of trust
Charles's answer
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Answered on November 16, 2013
I know of no questions that are good in all breach of trust cases. Each question depends on the witness, the facts of the case, what evidence is...
Archived
Can Association books and records be subpoena?
Charles's answer
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Answered on November 16, 2013
Yes, an association can be served with a subpoena for its book and records.
A lawsuit needs to be pending before a subpoena can be issued. An...
Archived
What can I bring into a divorce deposition?
Charles's answer
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Answered on November 16, 2013
You can bring in notes and documents to the deposition BUT BE VERY CAREFUL HERE. The other lawyer is entitled to see what you bring in, and attach...
Archived
If I file a lawsuit against my employer for overtime and mealtime violation, will that be a public record?
Charles's answer
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Answered on November 16, 2013
A lawsuit is a matter of public record. I see nothing in what you wrote to suggest that your complaint would be sealed.
It is impossible to...
How can i as plaintiff request a mistrial or new trial in small claims court when the defendant used documents not disclosed.
Charles's answer
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Answered on November 16, 2013
A plaintiff generally has no right to appeal a small claims judgment, unless he or she is appealing from the judgment on a cross-claim that the...
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