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Civil lawsuit: How to aggregate replies, responses and hearing dates when multiple defendants are involved? 9 Defendants are
Alan's answer
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Answered on July 27, 2016
Each SLAPP motion will have to stand or fall on its own merits. Which means you need to address those merits in a separate opposition. Ditto with...
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If I am being bought out of a house who pays the finalizing fees for the loan to buy me out.
Alan's answer
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Answered on July 22, 2016
It sure doesn't sound like a fair deal to me. Closing costs on a $380k property should be no more than 5% or $19k - probably a whole lot less. And...
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Can I sue my dentist for botched root canal that now has abscess and fractured tooth?
Alan's answer
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Answered on July 20, 2016
Anybody can sue anybody else for anything. The only question is whether you can win.
It's not clear from your post whether the patient was you...
Archived
How soon may discovery demands be made after filing and serving summons? Depositions, admissions, roggs, docs...?
Alan's answer
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Answered on July 19, 2016
The whole point of the SLAPP statute is to permit the motion to be heard before discovery is conducted. Your expressed reason for asking this...
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If I get into an auto accident when commuting, can a co-worker win a lawsuit against my insurance or me?
Alan's answer
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Answered on July 17, 2016
If you cause an accident when you're driving (commuting or not), anyone who is injured as a result of your negligence (whether they're your...
How do you oppose an extension to file a demurrer?
Alan's answer
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Answered on July 12, 2016
You don't. Such extensions are routinely granted as a matter of course. If you refuse to grant the extension, the defendant will likely make an ex...
Archived
What tort liability is there for a company that holds funds for another party?
Alan's answer
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Answered on July 01, 2016
You don't provide enough facts to provide a definitive answer, but yes - you almost certainly are exposed to tort liability and contract liability,...
Archived
Can I sue for emotional distress?
Alan's answer
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Answered on July 01, 2016
No. The California Supreme Court has allowed plaintiffs to bring negligent infliction of emotional distress actions as “direct victims” in only...
Archived
Is it reasonable to request & get an Ex Parte hearing without notifying opposing party? Opposing party has not been served ...
Alan's answer
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Answered on June 27, 2016
If you're worried about the 60-day service requirement in the Rules of Court, you're wasting your time. And if you file an ex parte application,...
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Can opposing party file two separate motion to quash service?
Alan's answer
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Answered on June 23, 2016
A defense based on insufficient service of process must be made immediately. But if the court has no personal jurisdiction because of lack of...
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