When a party sends a letter offering settlement but then at trial says that he didn't send that letter, judicial estoppel?
Benjamin's answer
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Answered on November 02, 2020
My colleagues are correct that the letter is inadmissible to prove contested facts at trial. What your question doesn't reveal is whether you...
Am I responsible to pay for brand new garage door for 10+ year old garage door that I did very minor damage to?
Benjamin's answer
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Answered on September 15, 2020
I agree with my colleague that you should refer this to your auto insurer.
Can our freelancer end our contract early if there was no default or breach?
Benjamin's answer
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Answered on August 29, 2020
Assuming the freelancer is an independent contractor and not an employee, the "at will" termination presumption won't apply, meaning in the absence...
She wants to sell the house fast and cheap, I want to fix it up and raise the price. What can I do?
Benjamin's answer
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Answered on July 29, 2020
She can't sell without your consent, and you both have an equal right to management and control over the property, including making improvements -...
Do I have to file First Amended Complaint if I want to drop one of the claims that was demurred to and sustained?
Benjamin's answer
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Answered on June 01, 2020
You only need to file an amended complaint if you want to take another crack at the COA for which the demurrer was sustained. If you are willing to...
Is there a provision or clause Contract Lawyers use for denying accusations?
Benjamin's answer
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Answered on April 30, 2020
Formulation of the confidentiality/non-disparagement clause (Cal. CEB has a good sample form in Drafting Cal Employment Documents) requires careful...
I will be filing a lawsuit to collect loan amount of $100,000 which I gave to a so-called friend who is refusing to pay it back?
Benjamin's answer
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Answered on April 27, 2020
I agree with attorney Strauss's comment and note also that consequences of filing an improper lis pendens can be servere, including liability for...
Consequences of submitting altered documents during discovery?
Benjamin's answer
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Answered on April 13, 2020
In addition to the obvious common-sense credibility problem cheating like this creates, Cal. law - and the related jury instruction - provides that...
Amended Complaint?
Benjamin's answer
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Answered on April 04, 2020
The new summons mentioned in the other answers would be called a "Summons on Amended Complaint" to distinguish it from the summons issued on the...
Should I file an abstract of judgment before sending out post-judgment document requests and interrogatories?
Benjamin's answer
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Answered on July 26, 2019
You should record the abstract asap in all counties in which the debtor owns real property, in order to establish priority over other interests...
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