Archived
Is do-able to file ex parte motion to compel or in alternative to shorten notice time and set hearing date for motion to compel?
Charles's answer
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Answered on July 23, 2013
You must file an ex parte app for an OST.
You can ask that the OST set the motion to be heard immediately (which is the functional equivalent...
Archived
How to Remand a case
Charles's answer
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Answered on July 23, 2013
Any motion for remand will be decided on whether jurisdiction exists right now.
The easiest thing may be to file the new civil case in...
How much time do I have to file a motion to compel for not complying to a subpoena for documents or filing an objection.
Charles's answer
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Answered on July 23, 2013
You can request sanctions, of course, but the amount you can recover will likely be limited to your out-of-pocket costs in connection with the...
Archived
HI, I was several days ago served with a response declaration, it had strangely enough a red court stamp in the middle of the pa
Charles's answer
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Answered on July 23, 2013
I do not see a question here.
Without seeing the papers and the stamps, it is not possible to know what happened or whether opposing counsel's...
Archived
Can Plantiff file a "motion to oppose...." on the SAME DAY as a hearing?
Charles's answer
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Answered on July 23, 2013
Service of papers like this is not unheard of in unlawful detainer matters -- or even in other matters. The proper procedure is to object to have...
Archived
Will a judge accept Reply Declaration 48 hours before hearing to set aside a default judgement when its due 5 court days before?
Charles's answer
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Answered on July 23, 2013
This question is best directed to your lawyer, who is likely familiar with the judge in your case and how he or she typically handles this type of...
Safe deposit box compromised and all vaulable assets stolen
Charles's answer
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Answered on July 23, 2013
Your only option would be to pursue a claim against the bank for the amount of your losses. If your loss is less than $10,000, it may be possible...
Archived
An employee lied about her position in the company in an employment hearing while under oath.
Charles's answer
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Answered on July 23, 2013
You could not get the testimony "thrown out" because of a lie, even if the proof were absolutely conclusive on the point. The judge would simply...
Archived
I loaned my friend $4000. She has picked a fight with me and wants "no further contact". Can I take her to small claims court?
Charles's answer
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Answered on July 23, 2013
Yes, you can go to small claims court. That is probably your only remedy under the law.
Archived
CA UD 10 months ago (extreme duress) judge said no oral agreement tenancy despite Civil Code 1624(a) (1) & (2). Provide process
Charles's answer
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Answered on July 23, 2013
The appeals process is the same for other cases, and is started with a Notice of Appeal filed with the trial court. The Notice does not stay the...
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