Archived
On the issue of granting a relief under CCP 473, Vartanian v. Croll (1953) 117 Cal.App.2d 639 states: “But even the rule that a
Alan's answer
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Answered on October 22, 2014
There is no way to answer your question without a detailed analysis of the facts of your case. Your lawyer should be the one answering this...
Archived
Do I have to sign off on a "distribution" from a Med-Pay, even if I do not agree?
Alan's answer
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Answered on October 22, 2014
Nothing in your question raises any ethical implications. If you signed the settlement agreement, you are bound by its terms. Likewise with the...
Archived
What is my defense- maintaining proper lookout in the Freeway?
Alan's answer
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Answered on October 22, 2014
Unfortunately you are at fault. A driver has a duty to avoid a stationary item on the roadway, even if it shouldn't be there. Sometimes, as you...
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Construction responsability
Alan's answer
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Answered on October 22, 2014
You have nothing to worry about so long as the total cost for the job (including labor and materials) was less than $500. If it was over $500, you...
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Archived
What is the correct service date?
Alan's answer
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Answered on October 22, 2014
Substitute service requires that the papers be personally served on someone other than the defendant, and that they then be mailed to the...
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Can a losing Cross-Defendant charge prevailing party their costs for suit and trial? Cross-Defendant just sent me a $10,000 ...
Alan's answer
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Answered on October 22, 2014
This is a duplicate post. Only the "prevailing party" as defined by CCP 1032 can recover costs. If the cross-defendant was not the prevailing...
Archived
Can a losing Cross-Defendant charge prevailing party their costs for suit and trial? Cross-Defendant just sent me a $10,000 ...
Alan's answer
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Answered on October 22, 2014
Only a "prevailing party" as defined by CCP 1032 can recover costs. If the cross-defendant was not the prevailing party in the lawsuit, a motion to...
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Defendant waited over two years after entry of default to file Motion to Set Aside
Alan's answer
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Answered on October 22, 2014
The time for filing a motion to set aside for lack of notice of proper service is two years. The court has jurisdiction to hear the motion, but...
Archived
What are some reasons people are not informed of a new court date
Alan's answer
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Answered on October 22, 2014
There are all sorts of reasons. One party may have been required to give notice and failed to do so. The court clerk may have made a mistake. The...
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I would like to take ex to court after divorce and rep myself, as I have no extra money to pay attorney. Bad idea?
Alan's answer
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Answered on October 22, 2014
Abraham Lincoln said it best: "He who represents himself has a fool for a client." It sounds as though you are attempting to recover property and...
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