Archived
Opposing counsel shared private legal communications with a 3rd party (non-party to the action); what actions may I take?
Charles's answer
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Answered on July 27, 2013
Plaintiff has a right to copy his communications to whomever he wants. You also have no recognized right of privacy in communications you send to...
Archived
Can you advise on Wrongful Termination in California?
Charles's answer
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Answered on July 27, 2013
Your uncle may be subject to a collective bargaining agreement or contract of which I am not aware. I assume for purposes of this answer that...
Archived
Must I reference a civil code or other code in my affirmative defense, or must I simply explain why I feel it's valid?
Charles's answer
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Answered on July 27, 2013
It is not necessary to cite to a case or a statute when pleading an affirmative defense. It is typical, however, to cite the specific code section...
Is a class action lawsuit waiver enforceable?
Charles's answer
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Answered on July 27, 2013
It is almost certain that the waiver is enforceable. The US Supreme Court looked at that issue earlier this year in American Express v. Italian...
Archived
Is the hearing date decided and given by court at the ex parte for OST for a motion to compel?
Charles's answer
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Answered on July 27, 2013
My practice is to include a proposed order. I leave blanks for the hearing date, the date the opposition is due, and the date the reply papers are...
Archived
I've been hit with financial sanctions and I have no money to pay them. What to do?
Charles's answer
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Answered on July 27, 2013
The sanctions order can essentially be enforced like a judgment. Failure to produce information in discovery will eventually lead to a motion to...
In ex parte for OST, the motion (which is not filed) supposed to be attached so it will deem filed when OST is granted...
Charles's answer
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Answered on July 27, 2013
1. Since the unfiled motion has not been set for hearing, it should not have a hearing date on it. That date will be assigned after the hearing...
Archived
Have been sued from a client of my tenant that has a beauty salon in my premises. She did something to her client' s hair I'm
Charles's answer
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Answered on July 27, 2013
If the court finds that service was proper and you do not respond to the complaint, then a judgment can indeed be taken against you.
I believe...
Archived
Can my employer start a full blown investigation for financial fraud against me on an anonymous email (with fake email ID)?
Charles's answer
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Answered on July 27, 2013
You did not have a legal right to be in the meeting with the subordinate. Your employer has a right to conduct the investigation in the way it...
Archived
Is a small claims case improperly filed if I'm suing a Probate atty, executor & the estate for defamation, rejection of claim?
Charles's answer
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Answered on July 27, 2013
To the extent you wish to litigate the rejection of the creditor's claim, that litigation should be in the probate proceeding and not the small...
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