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After a collision, what can I expect from an at-fault party's auto insurer? It is safe to drive and I don't want it "salvaged."
Alan's answer
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Answered on October 21, 2014
You don't get to decide whether the car is totaled or not. The insurance company is required to pay you the fair market value of the car or the...
Archived
Can the person I hit sue me for my home?
Alan's answer
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Answered on October 21, 2014
Anybody can sue anybody for anything. But you've got good policy limits - let your insurance company deal with it. They have an obligation to...
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Do all civil attorneys have over $10,000 or over $50,000 of dollars in their own personal business accounts so they can cover...
Alan's answer
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Answered on October 21, 2014
Those of us who litigate cases on a contingency basis generally try to take cases we can afford to litigate. Some cases can be tried for a couple...
Archived
I am trying to serve an individual who avoids service. Will service be complete if I mail summons and complaint to his residence
Alan's answer
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Answered on October 21, 2014
Mail service is insufficient; personal service is required. But personal service can be effected in several ways - for example, substitute service...
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If Defendants' counsel misuses a civil procedure during the course of a litigation that they're defending in which their ....
Alan's answer
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Answered on October 20, 2014
The litigation privilege protects the attorney from the claims you are contemplating.
Moreover, it is usually plaintiffs, not defendants, who...
Archived
Civil legal costs: What is the legal theory and statute excluding pro pers, including attorneys representing themselves, from ..
Alan's answer
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Answered on October 20, 2014
The equitable theory is that if you spend money on a lawyer in a case where attorney fees are recoverable, you're entitled to get that money back....
CCP 2025.410(b) Untimely notice of deposition and maybe untimely objection of that untimeliness
Alan's answer
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Answered on October 20, 2014
If the objection was not timely made, it was waived. That said, the law and motion judges I practice before would not be amused by a party claiming...
Archived
Is it insurance fraud if....
Alan's answer
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Answered on October 20, 2014
No, but the insurance company is entitled to possession of the recovered items.
Archived
The defendant I sued and won against has no assets. Can I levy the wife?
Alan's answer
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Answered on October 20, 2014
If assets held in the wife's name are her separate property, you cannot levy on them. But if they are community property, they belong to him as...
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Archived
I was sued and plantiff won. I have no assets can he still place a judge ment?
Alan's answer
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Answered on October 20, 2014
If the plaintiff won, he already has a judgment. It is valid for ten years. If you get a job, he can levy your wages. He can also take assets that...
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