Archived
What happens after I file an Answer to Breach of Contract lawsuit? Who makes the next move in the lawsuit?
Charles's answer
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Answered on July 27, 2013
Generally speaking, the next event is that both sides simultaneously pursue discovery. There is no prescribed order of the use of tools, and no...
Archived
Does defense need to respond to an opposition to dismiss if they have requested a motion hearing?
Charles's answer
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Answered on July 27, 2013
Unless the motion is ex parte, a written opposition is virtually obligatory. The controlling statutes and rules set out the time in which...
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Archived
I have a fee waiver. Can I petition the court to provide me with a court-appointed expert witness? If so, how do I do that?
Charles's answer
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Answered on July 27, 2013
The fee waiver is strictly for court filing fees. It is not extend to expert witnesses in civil cases.
Archived
If a motion is converted to a summary judgment based on facts raised not referenced in the original pleading who is favored?
Charles's answer
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Answered on July 27, 2013
The conversion of a motion to dismiss into a summary judgment usually happens because the moving party submitted evidence that is not allowed for a...
Archived
How can i an benefactor be excluded from a will that was hidden from me for 40 years and then be told so what
Charles's answer
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Answered on July 27, 2013
I agree that you need to consult a lawyer here.
It is highly unlikely that you will be able to recover the real estate or the stocks...
Archived
If trial is in about 3 months a half is it too early to file a motion to continue trial?
Charles's answer
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Answered on July 27, 2013
I agree that a trial continuance motion is premature.
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You need to invest a significant amount of time on your discovery beginning immediately, ...
Archived
Material breach of contract case.
Charles's answer
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Answered on July 26, 2013
If you have performed your obligations under your agreement, you have claims for a breach of contract. You may have claims based on other...
Archived
Motion to compel is filed with a post-trial hearing date. What ex parte can be filed to move court date before trial?
Charles's answer
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Answered on July 26, 2013
I assume that you are the moving party.
You obviously need to have the motion heard before the trial. The fact that a motion is scheduled...
Archived
Do petitions for writs of mandate needs to be written on numbered pleading paper?
Charles's answer
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Answered on July 26, 2013
First, writ petitions from a small claims judgment must go to the Court of Appeal, and not to the appellate division of the superior...
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Archived
Work suspended until HR can have ADA meeting about modification request.
Charles's answer
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Answered on July 26, 2013
There is no statutory timeframe for handling a request for an accommodation. Everything depends on the circumstances involved. Outside unusual...
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