Can "new" cause of action be added after the complaint was filed and a demurrer sustained with leave to amend?
John's answer
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Answered on September 06, 2013
Not unless it's within the scope of the court's order allowing for the amendment or the new cause of action directly responds to the court's reason...
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I received a memorandum of costs after judgment, acknowledgement of credit, and declaration of accrued interest.
John's answer
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Answered on September 06, 2013
I have not had this exact situation come up, and I do not have a case or code citation handy. However I'ld file a motion basically asking the...
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What are the libel & slander laws in California? (santa clara county)
John's answer
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Answered on August 21, 2013
It might not be defamation if you can prove it's true. But you may still get sued.
Aside from defamation, publishing true but private...
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Is it proper service to serve a subpoena-002 in a civil matter to the husband of the witness?
John's answer
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Answered on August 21, 2013
No. Per CCP § 1987 (a) it is supposed to be served on the person. The conservative approach will be to file a motion to quash.
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I'm a party in a suit in probate court. I was served with a notice in lieu of subpoena pursuant to CCP 1987(c).
John's answer
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Answered on August 21, 2013
I haven't researched the case law, but based on the code sections you reference I believe they need to provide regular notice for the motion, i.e....
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Deposition Correction, How much is too much?
John's answer
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Answered on August 14, 2013
Attacking the credibility of a witness is part of the art of the practice of law. From what you describe it sounds like there is a lot to work...
If defendants submitted unverified responses to my special interrogatories does that waive their objections?
John's answer
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Answered on August 14, 2013
The objections do not need a verification. So, assuming they served a timely answers then objections were not waived. The answers are still...
What's the statute of limitations on charged off accounts, ie, checking accounts, credit cards, medical bills, & judgements.
John's answer
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Answered on August 06, 2013
I agree with Mr. Berkus' comments. It sounds as though the credit union is contacting you. If they involve an outside collector or law firm they...
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When can I collect from the Defendant?
John's answer
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Answered on August 06, 2013
This sounds like a small claims case. As Mr. Berkus pointed out, judgments do not usually have a due date for payment. The postponement on...
Does "final payment" written in the memo section of the check overrides the terms of the Promissory Note?
John's answer
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Answered on August 01, 2013
As Mr. Shultz points out, there needs to be a bona fide dispute for the "final payment" check to clear the debt. This seems like the kind of...