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Charles Richard Perry
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Charles Perry’s Answers

1,404 total


  • Rental car company sued me for the wrong vehicle for property damage, what Motion do I file?

    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...

    Charles’s Answer

    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.

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  • I am being sued by a collection firm

    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...

    Charles’s Answer

    It strikes me that the more proper strategy is to conduct discovery into why the collection firm thinks the charges are accurate.

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  • (2) Is there a time limitation on disputing improper service?

    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...

    Charles’s Answer

    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.

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  • In a lawsuit I am suing ex whom lives in another State for interference with Parental Rights. The date this overt act accrued wa

    s August 2015. My question is can I bring up evidence from before several years ago seeing that evidence is outside of SOL?

    Charles’s Answer

    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.

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  • Can I file a Motion to Set Aside Default Judgment and Motion to Quash Service of Summons on the same motion?

    or is it best to separate the Motions and present the Motion to Quash Service of Summons as a Proposed Answer Exhibit A?

    Charles’s Answer

    • Selected as best answer

    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.

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  • Can a cause of action that was subject to a granted motion to strike be brought back into the suit if new evidence was found.

    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 ...

    Charles’s Answer

    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.

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  • Summary Format for Discovery Responses

    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...

    Charles’s Answer

    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.

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  • Are punitive damages allowed in breach of contract lawsuit, would the matter be filed as a civil lawsuit or a small claims?

    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...

    Charles’s Answer

    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.

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  • After receiving a subpoena, can a deponent do a motion to quash without serving objections?

    Plaintiffs served a subpoena on a third party. Third party sent an email trying to limit the document production to nothing. Third party never served objections. (Served them on the wrong address and person which shows on their proof of service). ...

    Charles’s Answer

    Nothing requires the subpoenaed party to serve objections before filing a motion to quash, though it is common practice to do so.

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  • What if employee does not wish to use Paid Family Leave ?

    I own a small business. my employee is having health issues with his son and he wants to reduce his hours. I told employee his rights to apply for paid family leave but he doesn't want to. He prefers to reduce his hours and get paid less to spen...

    Charles’s Answer

    There is not enough information here to answer this question.

    It is indeed possible that an employer may have to allow for reduced-hour employment under the California Family Rights Act. Much depends on whether the federal and state leave act applies, and the seriousness of the child's health condition.

    You probably need to meet with an employer-side labor attorney to discuss the exact situation that you face. The form is not designed for questions like this, which ask for a legal opinion on a specific fact pattern. In addition, the responses here are not confidential and cannot constitute attorney advice.

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