Archived
Does opposing counsel have any duty to disclose a related case brought By defendants insurer as a subrogee ?
Michael's answer
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Answered on August 04, 2019
When an insurance company pays off on a loss, the subrogation clause in the insurance policy allows the insurer to sue in its own name or it’s...
Archived
My attorney does not want to represent me anymore and he will attend A Case Management Conference and do I attend ?
Michael's answer
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Answered on August 04, 2019
Have you agreed to this? If so, there should be a signed Substitution of Attorney filed with the court. Are you planning to represent yourself? If...
Archived
Is there case law that supports an Opposition to Motion to set aside default judgment for Defendant not responding?
Michael's answer
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Answered on August 04, 2019
Such motions are covered by California Code of Civil Procedure sec. 473. And cases interpreting that code section.-referencing surprise, excusable...
Archived
When you have 1 defendant in default, how it works?
Michael's answer
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Answered on August 04, 2019
You need to hire an attorney to represent your corporation. If you don, thee are consequences. Please follow the rules in order to avoid any...
Does an Abstract of Judgment need to be served on the Judgment Debtor?
Michael's answer
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Answered on July 27, 2019
Yes, by mail. It is in the Judicial Council Form.
Should I file an abstract of judgment before sending out post-judgment document requests and interrogatories?
Michael's answer
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Answered on July 27, 2019
Absolutely; do not delay. Also consider filling UCC-1 with the state plus do an OEX as soon as you can. Once the judgment debtor is served with the...
Archived
Need help with Litigation I am in California. I may need to sue someone?
Michael's answer
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Answered on July 27, 2019
Check with the local bar association’s Lawyer Referral Service or check out AVVO or Martindale-Hubbell.
Archived
Can a transcript of an inadmissible recording be used at a deposition?
Michael's answer
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Answered on July 27, 2019
You can object at the deposition but deposition objections are based on “form” type objections and privilege type objections. All the substantive...
Archived
If a law suit has been filed and the defendent has not been served, can the lawyer file for a "request for entry of default" ?
Michael's answer
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Answered on July 27, 2019
No. You must be personally served with the Summons and the Complaint, although “substitute service” is authorized. Write or call the lawyer and...
Archived
Can I be deposed a second time in a civil class action if the complaint is amended?
Michael's answer
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Answered on July 26, 2019
Assuming you are in CA state court, The California Civil Discovery Act has the one deposition rule and the seven hour deposition rule. Take a look...