I have to file an opposition and understand I have to serve the other party 9 court days before, do I add 5 days for mailing?
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Answered on May 20, 2020
The additional five-day period under Code of Civil Procedure section 1005 for mailing appliles to noticed motions, not oppositions. However, the...
What event constitutes completion of the record of the oral deposition in California?
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Answered on May 15, 2020
According to Weil & Brown, Civil Procedure Before Trial, section 8:801, it is unclear whether the date the transcript is available for review or...
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I can't find my will how can I get a copy.
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Answered on May 13, 2020
A living person's will is not normally a public record. If you had an attorney help you prepare the will, contact that attorney and request a...
Can California Court of Appeal award attorney's fees, in addition to costs of appeal, to the prevailing party?
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Answered on May 08, 2020
Pursuant to California Code of Civil Procedure section 1033.5(a)(10) Attorney's fees are recoverable as costs only as provided for by contract,...
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In an appeal in Circuit Court can prevailing party ask for attorney costs?
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Answered on April 16, 2020
Pursuant to California Code of Civil Procedure section 1033.5, parties to a lawsuit are not entitled to their attorney's fees except as provided by...
Water leak in condominium condo ? civil code 4775
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Answered on April 11, 2020
Pursuant to sections 4185 and 4475, you are indeed not responsible unless you were negligent, unless the community declaration and CC&R's provide...
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Technical Question (Sub of Atty) - When does it legally take effect?
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Answered on April 03, 2020
The substitution takes place when the Substitution of Attorney form is filed with the Court. If you are the client, you should contact at least...
When I submit a Motion to Compel, do I need to submit separate motions for 1) request for admissions 2) request for production?
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Answered on April 01, 2020
I disagree with Mr. Isquith, who is apparently not admitted to practice in California.
The leading practice guide, Weil & Brown, California...
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What happens if a defendant says she is going to file a demurrer, goes through a 'meet and confer', then does not do it?
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Answered on March 17, 2020
If she has missed the stipulated deadline for filing the demurrer, it is in your interest to file a request for default. If neither of you files...
Is a response to defendant's motion in limine to exclude effectively the same as filing a motion inlimine to include?
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Answered on March 06, 2020
Motions in limine are not normally used to include evidence because evidence is usually admitted unless there is an objection. Just make sure to...
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