Archived
What to file next? Evidence proves “D” indebted $80K per K, to me, “P.” Settlement on record. Rptr Transcript: I discounted
John's answer
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Answered on August 01, 2013
One approach would be to file a motion under CCP § 473 to have the dismissal set aside due to your mistake, etc. and then file a motion to enforce...
Responding to Plaintiff Witness' CCP98 declaration in lieu of live testimony
John's answer
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Answered on August 01, 2013
As always, the details count for a lot. If you want to object to the declaration in an evidence sense you could file a motion in limine. If it's...
Archived
Can I issue a Civil Subpoena (SUBP-001) and serve the declarant of a CCP 98 with a notice to attend? Or, must I choose one?
John's answer
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Answered on August 01, 2013
It depends on who is giving the CCP § 98 declaration. If they are a party or a person for whose immediate benefit the action or proceeding is...
Archived
How to address a Civil Subpoena when ordering an out of state declarant of a CCP 98 to appear at trial.
John's answer
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Answered on August 01, 2013
Sounds like the prepared testimony is defective in that it fails to meet the requirements of CCP § 98(a): they must provide the current address of...
Archived
Promissory note with relationship clauses?
John's answer
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Answered on July 31, 2013
First, think long and hard about lending money to friends, family or significant others. Maybe a gift is a better idea? Or perhaps you can...
Archived
Serving Business Records Subpoena Upon Bank?
John's answer
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Answered on July 31, 2013
I agree with Mr. Doland's suggestions. If you have trouble getting information from the legal department then I would simply have the supboena...
Archived
Can I file request to set aside default after abstract judgment issued on civil case
John's answer
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Answered on July 26, 2013
Yes, you have time to file a motion to set aside the default and default judgment. Assuming your request to set aside is based on your mistake,...
Archived
I am a judgment debtor. Can my judgment creditor subpoena Google for the content of my Gmail email?
John's answer
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Answered on July 25, 2013
I agree with Mr. Easlick's answers to your questions. If you are serious about bankruptcy then that is probably the fastest and most efficient...
Wage garnishment in California. Can a judgment creditor wage garnish me if I am actually a 1099 real estate agent? Just wonderin
John's answer
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Answered on July 25, 2013
As Mr. Easlick points out, what you are owed is subject to enforcement of the judgment. While a wage garnishment may not be the proper tool for...
Archived
Selling a cash business; buyer paying in cash
John's answer
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Answered on July 25, 2013
I agree with the two wise attorneys who already answered this. In addition to having a written agreement you may need or want to comply with the...