Archived
Can I delay a notice for deposition pending a ruling for a summary judgement?
Robert's answer
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Answered on February 11, 2014
Doubtful you can delay. In fact the code allows them to try to continue the hearing on a SJ motion so they can do discovery. The court is not...
Selected as the best answer
Archived
When a civil lawsuit is filed in Probate court, does the petitioner have the right to withdraw the lawsuit at any time?
Robert's answer
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Answered on February 11, 2014
Claims can usually be dismissed when ever the claimant wants. They could be subject to paying court costs, and possibly atty fees. You need to talk...
Archived
How can an attorney represent the Defendant in a civil law suit--personal injury--slip and fall--as well as the insurance
Robert's answer
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Answered on February 11, 2014
In a typical case, the ins co hires the atty for defense of the case and defense of the insured. Some companies actually have house counsel who are...
CCP 98-Subpeona Civil-Limited
Robert's answer
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Answered on February 11, 2014
They have to appear if you serve properly. They have to make the declarant available for subpoena within a certain distance of the court. If the...
Archived
In CA, can an assignee judgment creditor (foreign LLC) lacking capacity in CA, renew a judgment without acquiring capacity?
Robert's answer
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Answered on February 11, 2014
Judgment is good for 10 years in Ca. They don't need to renew now. Some companies buy debt so cheaply and then send out letters trying to collect....
Archived
I did not receive all the relevant documents as requested in my subpoena. What action can I take?
Robert's answer
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Answered on February 11, 2014
You would have to prove that the company knew the employee had the documents, and had the power to obtain them from the employee. You may need to...
Can I subpoena a judge to be a witness?
Robert's answer
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Answered on February 11, 2014
Contact your former atty or the court clerks office to find out if there was an audio tape of the hearing. If no audio tape or reporter, you are...
Archived
Can opposing counsel call me for cross-examination if I don't take the stand on direct exam b/c I'm acting as my own attorney?
Robert's answer
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Answered on February 10, 2014
He can call you as an adverse witness and cross examine you. See Evidence Code sec 776.
Archived
If you filed a complaint to the police dept. but person got off and since there have been much harassment. finally car tire flat
Robert's answer
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Answered on February 10, 2014
A restraining order is just a piece of paper. It wont be guarding you. You need to decide how serious is the threat, and what it would take for you...
Archived
Statue on Overdue 1st Amended Cross-Complaint ? (Passing since end of Oct. 2013 to now)
Robert's answer
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Answered on February 10, 2014
Did you serve the amended complaint? If so, the other party should have responded w/in 30 days. If they failed to, you should have filed a default....
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