Archived
Plaintiffs' next step after defendant refuses to mail complaint response and their response filing fee checked bounced?
Benjamin's answer
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Answered on July 25, 2016
What you are trying to do is move the case, ideally by being able to file a default the court won't set aside. The best way to do this is to send...
Archived
Summary judgment motions pending - court schedules a status hearing?
Benjamin's answer
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Answered on July 21, 2016
I agree it would be a good idea to call the clerk to find out whether this was a mistake or whether the court actually did want a status conference...
Archived
Does prevailing at trial against a Fiduciary on Breach of Fiduciary Duty commence or reset Statute of Limitations for ...
Benjamin's answer
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Answered on July 20, 2016
In addition to what the other lawyers are saying, the rule against "splitting" a cause of action (defined as a "primary right" - whatever you claim...
Archived
Have a judgment. Can I collect on assets that is controlled by the owner of a jewelry consignment store?
Benjamin's answer
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Answered on July 20, 2016
Whether you can levy on consigned goods depends on whether the consignor (property owner) has a proper consignment agreement with the consignee...
Archived
Re-asked questions: Can a motion to stay proceedings be filed in a civil case because of another pending civil action?
Benjamin's answer
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Answered on July 15, 2016
The cases are at least related and perhaps need to be consolidated. On filing the second action you should have notified the court of second case....
Joint Venture Agreement vs Operating Agreement?
Benjamin's answer
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Answered on July 12, 2016
A joint venture is like a partnership, but for a limited purpose, typically a single "venture" and typically will have a joint venture agreement...
How do you oppose an extension to file a demurrer?
Benjamin's answer
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Answered on July 12, 2016
As some of my colleagues have said below, the defense has a mandatory duty under CCP 430.30 to meet and confer "in person or by telephone" with you...
Archived
May a partition referee appear ex parte to increase his responsibilities?
Benjamin's answer
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Answered on June 25, 2016
Presumably the court set the referee's duties in the order appointing the referee, which ordinarily can't (or shouldn't) be changed except by...
Archived
How do I need to prepare for a Civil Case that I no longer want to litigate?
Benjamin's answer
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Answered on June 24, 2016
It isn't possible from your description to tell exactly what is going on, but one thing that is clear is that, if you have been sued for $1.45M,...
Archived
I own a unit and the HOA issued me a notice of violation. I immediately asked for a dispute resolution to resolve the issue.
Benjamin's answer
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Answered on June 24, 2016
Civil Code 5930 requires an association member or the HOA to submit a dispute to "alternative dispute resolution" procedure before suing. 5950...
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