Motion to Amend Judgment (Fed. Rule 59(e)) v. Appeal on Partial Summary Judgment: which is appropriate?
Thomas's answer
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Answered on May 07, 2015
You cannot appeal a partial summary judgment until the case is finally decided. Before there can be any appeal presented there must be a final,...
Archived
Serving preliminary declaration of disclosure and with discovery, can I do that at the same time?
Thomas's answer
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Answered on May 07, 2015
Often done at the same time, but no requirement that it be together.
Feedback is important to all of the attorneys on Avvo as it is the only...
Archived
Two Domestic violence cases dismissed, two TRO's dismissed, one more and do I have case for a vexatious litigant motion?
Thomas's answer
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Answered on May 07, 2015
It looks like you have a good case to seek a vexatious litigant determination. The Courts take a very dim view of repetitive filings or abuse of...
Archived
Is an attorney required by law to file a default after the party served doesn't answer after the second time?
Thomas's answer
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Answered on May 07, 2015
The threat of a default is often more effective than the default itself. A defendant can have a default set aside very easily within the 180 days...
Archived
What costs can't be recovered if you are Pro Per litigant that you could otherwise recover if represented?
Thomas's answer
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Answered on May 07, 2015
Your costs will be recoverable other than the attorneys fees. The easiest way to determine what costs you can recover is to look at the judicial...
Archived
Can an ADA plaintiff sue a federal court and the Court of Appeal for failing to accommodate the plaintiff with a Jury Trial?
Thomas's answer
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Answered on May 07, 2015
Ms. James has the correct answer. You cannot name the Court as a defendant. The right way to proceed is an administrative action. You must get an...
Archived
If my name is misspell in my divorce case, do I have to amend it and serve it again?
Thomas's answer
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Answered on May 07, 2015
I agree with Ms. James. File the notice of errata to bring it to the Court's attention. If the mis-spelling were more serious or prevented the...
Archived
I am a Creditor w/ priority nondischargeable debt. Debtor converting Ch13 to Ch7. What can I do to keep Debtor in Ch13?
Thomas's answer
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Answered on May 07, 2015
I agree with Ms. Kim. The best way to oppose the motion to convert is to check the numbers, and also look to the basis asserted in the motion...
Case dropped after demand letter
Thomas's answer
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Answered on May 07, 2015
You should tell the new attorney the whole story.
First, if a case is filed in the future, your new attorney will see the prior demand letter...
Archived
Can a non-lawyer file a complaint for a Class Action and then find an attorney to take it?
Details below.
Thomas's answer
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Answered on May 07, 2015
I agree with all of the prior answers. The plan you are formulating is not only fraught with peril for the case, but no attorney is going to take a...