Questions answered by Alan Ray Barnes

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A summons/complaint was served on the Office of the AG in Calif. A week later they replied by mail with the documents served on

Alan's answer | Answered on October 02, 2014

A Summons and Complaint must be personally served on a defendant, not on the defendant's attorney. Once the party has appeared, mail service on the...

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When is a reply to an opposition necessary?

Alan's answer | Answered on October 02, 2014

It is extremely unlikely that you will be allowed to offer live testimony from a witness at a hearing on a motion. You need to get that witness to...

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My daughter was an a accident .she was under my husbans insurance.her car is register to her only.and she is an adult,it happen

Alan's answer | Answered on October 02, 2014

This is why you have insurance. Turn the suit over to the insurance company and let them deal with it.

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Claim Denial Letter from car insurance co, can you dispute and threaten to sue?

Alan's answer | Answered on October 02, 2014

Threatening to sue won't do any good. If you have full insurance coverage on your car, just turn it over to your insurer and let them deal with it....

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If a lawyer has in his retainer agreement that he does not have errors and omissions insurance. What does that mean?

Alan's answer | Answered on October 02, 2014

Most California lawyers carry malpractice insurance, but many do not. If an uninsured lawyer commits malpractice, s/he is personally responsible...

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What are your rights to appose a jury trial?

Alan's answer | Answered on October 02, 2014

The right to trial by jury is constitutionally guaranteed. You cannot force your opponent to waive this constitutional right just because you...

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Changing legal council in between on going case

Alan's answer | Answered on October 02, 2014

Generally speaking, a lawyer cannot represent a party who is opposed to a former client in the matter in which the lawyer represented the former...

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A case may not be re-opened due to the statute of limitations. Are there any exceptions, or can one petition for an exception?

Alan's answer | Answered on October 02, 2014

Your answer is a bit confusing. You say that the case was "withdrawn" - do you mean that it was dismissed? If so, it cannot be re-opened. But a new...

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I got served a case management document do I fill the part that says plaintiffs? Do I serve one to defendant 15 days before?

Alan's answer | Answered on October 02, 2014

You need to file and serve your own Case Management Statement at least 15 days prior to the conference.

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Once spouse has defaulted on her response within 30 days of being served the papers, does court send any letters to her directly

Alan's answer | Answered on October 02, 2014

It depends on the court. Some send out "courtesy notices," but they are not required to do so.

Alan Ray Barnes's Answers (3417)

A summons/complaint was served on the Office of the AG in Calif. A week later they replied by mail with the documents served on

When is a reply to an opposition necessary?

My daughter was an a accident .she was under my husbans insurance.her car is register to her only.and she is an adult,it happen

Claim Denial Letter from car insurance co, can you dispute and threaten to sue?

If a lawyer has in his retainer agreement that he does not have errors and omissions insurance. What does that mean?

What are your rights to appose a jury trial?

Changing legal council in between on going case

A case may not be re-opened due to the statute of limitations. Are there any exceptions, or can one petition for an exception?

I got served a case management document do I fill the part that says plaintiffs? Do I serve one to defendant 15 days before?

Once spouse has defaulted on her response within 30 days of being served the papers, does court send any letters to her directly