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If a Defendant has a Motion To Quash Summons & Complaint on calendar and served Plaintiff with said Motion, and then the ...
John's answer
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Answered on January 23, 2015
The new serve doesn't moot your motion. If the first serve was defective then the motion should be granted. If it's denied then you'll need to be...
Archived
Misuse in the deposition process by defense and former: counsel can i file a motion for an order of judgement by default?
John's answer
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Answered on January 20, 2015
You should get to a new attorney who practices in this area of law to review what happened and how things stand now with your case.
You might...
Archived
Does the 45 day clock to move to compel start over when the opposing party provides Further Responses to Interrogatories?
John's answer
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Answered on January 15, 2015
This is a great question. See CCP § 2030.300(c) which applies.
Unfortunately I don't see any cases interpreting it. And I would hate to be...
Archived
I had a judgment on a car loan in 2008. Just this year it came off my credit. yesterday I received a letter from an attorney
John's answer
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Answered on January 13, 2015
A California money judgment is valid and enforceable for ten years. The creditor can renew it indefinitely into the future.
This is separate...
Can a defendant subpoena plaintiff's bank records for small claims?
John's answer
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Answered on January 13, 2015
Yes, subpoenas can be issued for small claims cases. Hearings may be continued.
Of course you also have a right to financial privacy and may...
Archived
Is a promissory note valid if the original notarized document is not in existence because the note was forged and cut and pasted
John's answer
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Answered on December 20, 2014
Sounds like your mother should get a lawyer to look into the inheritance and the phony promissory note issue.
The question got a little...
Archived
I received a SUBP-025 for the escrow file of my real estate property. I am not a party to the action. Can I ignore the request?
John's answer
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Answered on December 20, 2014
It sounds like you received a notice to consumer along with a copy of the subpoena.
It is not clear to whom the subpoena was directed, meaning...
Archived
Minimum days to file the reply paper
John's answer
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Answered on December 16, 2014
Just adding to what Mr. Chen wrote, the plus five days for mailing only comes into play for the initial notice of motion. It does not apply to...
Archived
Can I file a motion to cancel/expunge a money judgement against me, if I have obtained much larger judgement in another case?
John's answer
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Answered on December 16, 2014
There should be a way to do what you suggest. Looking at the Enforcement of Judgment Law briefly, however, it did not pop out at me.
You can...
Archived
Im being sued by a law firm that represents a gym and they threten to take everything what can i do?
John's answer
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Answered on December 16, 2014
In addition to what Mr. Barnes and Mr. Parikh suggest, you may want to consult with a consumer protection attorney. Gym memberships are subject to...