Archived
Entry default enter 6mo ago 7.10.19. default judgment entered 2.21.20. Should I wait 6 mo, before I start enforcing judgment ?
Steven's answer
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Answered on February 29, 2020
There is nothing stopping you from enforcing the judgment now, though it might be better strategically to wait a while longer and see whether the...
Archived
Can i sue wish for this ?
Steven's answer
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Answered on February 26, 2020
As one of my law school professors used to say, you can always sue. The question is whether you can win.
From what you have said, it sounds...
Can an MC-025 be filed by itself?
Steven's answer
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Answered on February 25, 2020
California Rule of Court 2.111 requires that the first page of any document have a proper caption. ...
Archived
What is the case law/statute that allows for admittance of affidavits/declarations of witnesses as a hearsay exemption?
Steven's answer
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Answered on February 17, 2020
From what you have written, there does not appear to be an applicable hearsay exception, since the other party has not had the opportunity to...
Archived
Will I go to jail if I didn’t show up to small claims court?
Steven's answer
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Answered on February 17, 2020
No, you won't go to jail for missing your Small Claims hearing. If, however, the other side did show up, they may have gotten a judgment against...
Archived
If neither side has an attorney of record what will happen when the case goes to trail? Both parties are LLCs
Steven's answer
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Answered on February 15, 2020
An LLC cannot make an appearance on its own behalf. Exactly what the judge may do depends in large part on the judge. Since the LLC needs an...
Archived
Is CA Superior Court's clerk's failure to file an amended complaint called "EXTRINSIC" fraud or "INTRINSIC" fraud under CCP473 ?
Steven's answer
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Answered on February 12, 2020
California Rule of Court 3.1110(c) requires that documents submitted for filing be consecutively paginated. Thus, it appears that the Clerk...
How do I give testimony if I have no attorney?
Steven's answer
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Answered on January 21, 2020
I assume from your question that you are representing yourself. If this is the case, the judge will decide how to proceed. It could be that you...
Archived
I got a letter stating lawyers want out of case because the outcome is grim but no motion to withdraw
Steven's answer
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Answered on January 17, 2020
It appears from what you have written that you are the appellant, not the respondent. (If you are, the respondent, then I would suggest that you...
Archived
How many days do you have to wait to enter a request for clerk's default judgment entry if defend didn't respond within 30 days?
Steven's answer
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Answered on December 28, 2019
You can file it it any time after the thirty-day period has expired. Make sure to file the proof of service of summons.
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