Archived
What CCP code would be appropriate to request a rehearing or reconsideration for new information discovered after 9 mos > demur?
Michael's answer
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Answered on May 11, 2019
CCP section 1008’deals with Motions for Reconsideration but it has strict time limits. Normally the defendant would have submitted a judgment for...
Archived
Defendants are subpoenaing a witness to depo. Plaintiff needed to depo this crucial witness. can anything be done??
Michael's answer
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Answered on May 04, 2019
You will have the right to cross-exam the witness so no good reason to object. Be sure to attend the deposition and be sure to make the necessary...
Archived
What do I have to do next to collect my money? Is the process different because of the foreclosure?
Michael's answer
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Answered on May 04, 2019
When teal property is purchased using borrowed money, the lender will require that the property being purchased is used as collateral for the...
Archived
What does the Plaintiff do after a Quash of Service of Summons is filed by the Defendant?
Michael's answer
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Answered on April 29, 2019
You need to prepare a written response the purpose of which is to establish that the court in question does have personal jurisdiction over each of...
What is the statute of limitations on filing a small claims action in California for recovery of attorneys fees and costs?
Michael's answer
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Answered on April 29, 2019
An award of attorneys fees must be based on a contract or a statute that provides for “fee shifting” There must be an underlying action/case to...
Can I request the declaration page from an opposing Insurance Company or does it have to be done by an attorney?
Michael's answer
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Answered on April 29, 2019
If litigation is pending, you can serve the opposing side with Judicial Council Form Interrogatories, checking the box for the questions about...
Archived
Do you have to show up if subpoena as a witness? What happens if we don't have to get involved in the matter?
Michael's answer
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Answered on April 29, 2019
Provided he has personally served, been paid a witness fee and mileage and depending on the distance involved, he will have to attend and give...
Separate trials for three civil cases ?
Michael's answer
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Answered on April 29, 2019
Assuming you are in state court, California Code of Civil Procedure sec. 1048 is controlling. It provides where there is a common question of law/...
Archived
My complaint was moved to federal court from state court. I have 2 questions?
Michael's answer
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Answered on April 04, 2019
Hard to say-depends on who the assigned judge is. A motion to dismiss hads to state a basis therefor.
Archived
How do you subpoena a witness but get the documents BEFORE the trial?
Michael's answer
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Answered on April 04, 2019
Technically, you can’t. The records are to be delivered to the court in a sealed envelope....But at the start of the trial you could ask the court...