Archived
A UD in which 2 people that were listed as John Does on the initial complaint have now been listed by name in an amendment
Charles's answer
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Answered on July 26, 2013
I take it that you are a defendant in the lawsuit.
You may be able to obtain a copy of the amended complaint from the Court, or at least look...
Archived
Want to close S corporation to avoid few lawsuits. Simply can't pay. Can avoid suits/liens/debts personally? Let Co. "wither".
Charles's answer
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Answered on July 26, 2013
You need to be careful that you are not pursued either as an "alter ego" in the litigation, or that you are not personally added as a defendant to...
Archived
Can I use Res Judicata as an affirmative defense for a current lawsuit that was previously dismissed without prejudice?
Charles's answer
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Answered on July 26, 2013
Res judicata requires a final decision on the merits. A dismissal without prejudice does not result in a "final" decision, since the case can be...
Archived
Am I the copyright owner?
Charles's answer
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Answered on July 26, 2013
You should review the agreements pursuant to which you submitted your application. You may have inadvertently transferred certain intellectual...
Archived
I had a Meet and Confer with Defendant (a bank, Foreclosure Fraud) about objections to my Production of Document request.
Charles's answer
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Answered on July 26, 2013
Truly new requests need to got out in a separate set of inspection demands, served in the usual way.
The refined requests that are part of the...
Selected as the best answer
Time limits to compel arbitration.
Charles's answer
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Answered on July 26, 2013
Not necessarily. 1281.5(c) only applies if the case falls under 1281.5(a). If your case does not fall within that section, then general...
Archived
How can I find out if I am a beneficiary of a trust?
Charles's answer
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Answered on July 25, 2013
If you are a current beneficiary of the trust, then you are entitled to a copy of the trust document. It may be that you need to retain an...
Divorce case: when do the testimony records during a hearing in a motion go into the case file and how to get copies till then?
Charles's answer
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Answered on July 25, 2013
Testimony is typically not transcribed, unless a party requests it and pays for the transcription. Even then, the transcript does not become part...
Email evidence in Small Claims Court - are they enough as evidence or do judges usually require the witness to appear?
Charles's answer
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Answered on July 25, 2013
The judge will almost certainly want the witness there. Unsworn E-mails from a third party are not admissible evidence. You should subpoena this...
Archived
Requests for the Genuineness of Documents.
Charles's answer
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Answered on July 25, 2013
Your rights are listed in Section 2033.280(b) of the California Code of Civil Procedure. You can move for an order that the genuineness of the...
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