Archived
Can I do anything to initiate a California class action lawsuit to regain the taxes illegally collected by this chain?
Charles's answer
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Answered on May 20, 2016
You would need to talk to a plaintiff-side attorney that handles consumer class-action claims. It is plausible that a claim exists. You are not...
Archived
Can i sue?
Charles's answer
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Answered on May 20, 2016
You also need to retain an attorney that knows how to handle claims against public agencies like school districts. There are different rules and...
Archived
How do I name the defendant(s) in a small claims suit?
Charles's answer
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Answered on May 04, 2016
Your small claims complaint should name the actual owner of the retail store. The summons and complaint then get served on the CA agent for...
Archived
Does the Plaintiff's first amended complaint be demurred by the Defendant?
Charles's answer
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Answered on April 26, 2016
Yes, the defendant can demur to the first amended complaint even though the defendant did not demur to the original.
Archived
Rental car company sued me for the wrong vehicle for property damage, what Motion do I file?
Charles's answer
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Answered on December 09, 2015
You can do nothing until the default judgment is set aside. You must therefore move to set aside the default judgment, and then tackle the issue...
Archived
I am being sued by a collection firm
Charles's answer
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Answered on December 09, 2015
It strikes me that the more proper strategy is to conduct discovery into why the collection firm thinks the charges are accurate.
Archived
(2) Is there a time limitation on disputing improper service?
Charles's answer
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Answered on December 09, 2015
You cannot assume that service was proper because of the appearance of ABC & Sons. The motion succeeds or fails at least in part on the question...
Archived
In a lawsuit I am suing ex whom lives in another State for interference with Parental Rights. The date this overt act accrued wa
Charles's answer
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Answered on December 05, 2015
The statute of limitations does not act as a bar for the presentation of evidence.
The bigger question is whether the evidence from several...
Archived
Can I file a Motion to Set Aside Default Judgment and Motion to Quash Service of Summons on the same motion?
Charles's answer
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Answered on December 05, 2015
You can combine motions however you think makes sense. You should do whatever makes sense, given your strategy in the case.
I think it is most...
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Archived
Can a cause of action that was subject to a granted motion to strike be brought back into the suit if new evidence was found.
Charles's answer
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Answered on December 04, 2015
Since the claim was stricken, the appropriate procedure may be a motion for leave to amend the complaint. As part of the motion process, you will...
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