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Robert Bruce Kopelson

Robert Kopelson’s Answers

8,342 total


  • Can I get the other at fault driver's insurance to pay for my damages after small claims judgement?

    I got rear-ended over a month ago on freeway during stop and go traffic. He admitted fault on the spot because he was dozing off behind the wheel. We exchanged our insurance info and did not call police (now that I wish I did). I filed a claim ...

    Robert’s Answer

    You need to have any hidden damage documented. You cant get damages for repairs you cant prove are needed. if you sue in small claims and get a judgment, the deft can appeal or if he defaulted, he may be able to set aside the default. Once you get the judgment, unless it is very large, the ins co may just go ahead and pay you.

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  • What would I need to file a small claims suit against Walmart over damage done by cart corral during a storm?

    On the night of July 21st, my boyfriend came to drop off my wallet at work since I'm pregnant and forgot it at home. Unfortunately as soon as he arrived a storm with winds 100 mph came through between 1:OO-1:45 am. He waited out the storm since ou...

    Robert’s Answer

    if all the other corrals were affixed properly and didnt come off their moorings, then arguably this one wasn't properly secured. Do you know the inspection and maintenance procedures Wal mart has regarding these corrals? if they don't have one, that is probably negligent itself.

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  • Am a responsible for shopping cart damage?

    While I was at a Grocery store I parked my shopping cart at the truck of my car until I unlocked my front door to pop my truck. While I was unlocking my car the wind blew and pushed the shopping cart into another car. I retrieved the cart and apol...

    Robert’s Answer

    You could be at fault if you could have put the cart in a safer position, you knew it was windy at the time, etc. On the other hand, if it was a sudden gust of wind, maybe the act of god defense will work completely or partly.

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  • Does the other driver have the right to sue me?

    My sister-in-law was t-boned in a car that is in my name November of last year. She states that the other driver was speeding up the street while she was making a left turn on a controlled green light. The car was deemed totaled, her daughter was ...

    Robert’s Answer

    If you had ins, notify them immediately and they will defend the case. if you didn't have ins, then contact a local atty for help immediately.

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  • Is it too late? I have reached out for help off and on over the past year or so...explanation of life events below...

    I'm running out of time - statues of limitations - I was hit and run by a lady in North Carolina, August 1, 2013, which is a contributory state, attempting to make a left turn, the driver darts out then I moved back into the turning lane but she c...

    Robert’s Answer

    Attorneys here can affirmatively contact you. You need to use the find a lawyer feature and find one in the right geographical area where the case must be filed. Then you contact them.

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  • Can appellant reply brief include an exhibits or they should be filed as appendix?

    Can appellant reply brief include an exhibits or they should be filed as appendix? I need to show some documents to contradict respondent statements from respondent brief. Can I include them as exhibits in the reply brief or i should present them ...

    Robert’s Answer

    You should follow Mr. Fox's advice as he knows appellate law and rules. These are not easy procedures due to the detailed rules you must follow, but also on the actual points of law under review. You should consider at least buying some time from an experienced appellate lawyer to give yourself a better chance of success.

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  • How to add a defendant who lives in another state in a federal civil lawsuit in CA? The new defendant involved in a fraud?

    There is a federal civil trial in state of California (CA) involving a property related document in which a person who lives in another state committed fraud. For example the other document was signed in NV (where the fraud was committed - signed ...

    Robert’s Answer

    You need to talk to a lawyer who handles this type of litigation. generally you add them in, and serve them. Then they have to choose to appear to fight it or not. They may file challenges to jurisdiction, and possibly seek to transfer to Nevada Fed court. These are complex issues, and you need to go through the details with a lawyer.

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  • Is there anyway to add a defendant in state court without filing an amended complaint?

    I filed a first amended complaint and served the defendnats. I now want to add a few other defendants to my complaint. Is there a way to file a motion seeking leave to add defendants to my "first amended complaint" instead of having to file a se...

    Robert’s Answer

    As I suggested when answering your other post on this, you really should buy some time from a local lawyer to review what you are doing. You will probably find yourself in demurrer and motion hell if you don't get your complaint straightened out. it is common for lay people to put things in the complaint that shouldn't be, and leave out necessary things. getting the complaint cleaned up with proper causes of action and allegations may really save you from a lot of work and hassle later.

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  • What is the difference between adding a defendant and joining a defendant?

    I filed an initial complaint naming various defendnats. Something came up and I dismissed most of the defendants (most of them had not appeared yet). My circumstances changed, and now I want to add them back again. There has not been much activ...

    Robert’s Answer

    This is an example of the problems that occur when one doesn't have a lawyer or doesn't even get a consult for advice. My suggestion is to seek leave to file an amended complaint. See if the one party who answered will stip to leave. If court grants, then file a first amended complaint and summons, and then serve everyone who is a party. You can have the one that answered served by mail, but the new parties need to be served as one normally would when filing a lawsuit. you night consider buying some time from a local lawyer for advice as you move forward on the case. You might want to do that now as this could be a good opportunity to clean up your complaint when you amend in case you have put things in that shouldn't be, or left things out.

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  • Is there a time limit to how close to a scheduled unlawful detainer trial that a plaintiff can file for dismissal?

    Being that a UD is a special case with only a 20 day window before trial, I am curious as to how close to the trial date that a dismissal can be filed by the landlord. (We only received a 5 day notice regarding the date of our trial.)

    Robert’s Answer

    The LL can dismiss at any time before trial. Why do you think that will happen?

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