A CA retail store (member of a nationwide chain all doing business under an out-of-state LLC which has a CA agent for service of process) refused to exchange a purchased item after neglecting to inform me of their consumer unfriendly policy at the...
Your small claims complaint should name the actual owner of the retail store. The summons and complaint then get served on the CA agent for service of process. The proof of service will show the name of the agent.See question
The Defendant demurred my first amended complaint. He never demurred my original complaint.
Yes, the defendant can demur to the first amended complaint even though the defendant did not demur to the original.See question
After reviewing the civil lawsuit in depth, I realized that the lawyer for the rental car company listed the wrong vehicle in the lawsuit for the property damage. The exhibits of pictures sent to the court was also the wrong vehicle damaged. I was...
You can do nothing until the default judgment is set aside. You must therefore move to set aside the default judgment, and then tackle the issue of the error in the complaint.See question
A collection firm is suing me; however, I don't think the charges are mine or if they are they are not accurate When I answer the complaint, can I do a declaration in addition to answering denying charges and asking for validation under?15 USC Sec...
It strikes me that the more proper strategy is to conduct discovery into why the collection firm thinks the charges are accurate.See question
A summons and complaint were personally served upon an alleged authorized agent of ABC & Sons Inc. dba ABC & Daughters Inc. Service was accepted by agent. Subsequently, ABC Company demurred to the complaint, however, the demurrer neither addr...
You cannot assume that service was proper because of the appearance of ABC & Sons. The motion succeeds or fails at least in part on the question of whether service on the authorized agent was proper.
The motion is timely if filed within the limits and guidelines of CCP Section 473.See question
s August 2015. My question is can I bring up evidence from before several years ago seeing that evidence is outside of SOL?
The statute of limitations does not act as a bar for the presentation of evidence.
The bigger question is whether the evidence from several years ago is relevant to your case. If that evidence does not help to prove one of the issues you need to prove to win, or to counter a defese that your ex may raise, then the evidence will not be admitted.
If all the evidence is intended to do is make your ex look bad, then it will likely not be admitted.See question
or is it best to separate the Motions and present the Motion to Quash Service of Summons as a Proposed Answer Exhibit A?
You can combine motions however you think makes sense. You should do whatever makes sense, given your strategy in the case.
I think it is most typical to file the motion to set aside the default judgment all by itself. If the motion is successful, then the parties will usually negotiate a time for the defendatn to respond to the original complaint, rather than go through any process of formal service. Indeed, it may be that filing the motion to set aside the default judgment constitutes a general appearance in the action that essentially makes formal service of the summons and complaint irrelevant.See question
I am a plaintiff in a lawsuit and adverse party filed a anti-slapp motion to strike out certain causes of actions, adverse party claimed res judicata and collateral estoppel from a previous UD case which I received a judgment , the judge granted ...
Since the claim was stricken, the appropriate procedure may be a motion for leave to amend the complaint. As part of the motion process, you will likely need to show that you can prevail on an anti-SLAPP motion.
Please do not interpret this as an opinion on your chances of success on such a motion -- it is simply to let you know that in the right circumstances, the cause of action can be re-instated.See question
Between multiple requests for discovery and the meet and confer process, a lot of information and paper is generated. For ease of review, especially if I have an attorney reviewing, is there a format for summarizing discovery requests and response...
There is no standard, uniform format. The best approach tends to be presenting information chronologically, as most attorneys tend to review information and present it to the court this way. Objections can probably be abbreviated to a 1-2 word shorthand, if they are important. A lot depends on what was generated.
You may want to ask the attorney who will review the summary what he or she prefers.See question
With a late payment due, a storage facility violated contract by denying me access to my storage, 4 days before the contract states they can do so. Because this I missed my move out and incurred another month billing and consequently I have not b...
Punitive damages are not generally allowed for a claim for breach of contract. You would need to prove a tort, and show that the defendants' conduct was fraudulent, oppressive, or malicious.
The claim would be in small claims court, provided that your damages are withing the jurisdictional limits. If this is your first case in 12 months and you are suing as an individual (i.e., the party on the contract is not your corporation or LLC), then you can sue for up to $10,000 and still remain in small claims court.See question