Archived
I have a civil lawsuit against one person. Since I filed lawsuit, he hired people to do many criminal things to harm me.
Alan's answer
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Answered on September 07, 2014
No. First of all, you would have to prove that the defendant committed a crime, which would require a criminal trial. Your claims that the conduct...
Can attorney costs and fees be recovered in a ex-parte hearing?
Alan's answer
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Answered on September 07, 2014
If the ex parte hearing arises from an agreement that contains an attorney fee provision, and if you ultimately prevail in the litigation, then you...
Archived
How do I remove a defendant in a CA unlimited civil lawsuit when there are multiple defendants?
Alan's answer
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Answered on September 07, 2014
File form CIV-110, check the box that says "Other," and put "All claims against Defendant XXX only."
Archived
Is the car wash paying for my car?
Alan's answer
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Answered on September 06, 2014
The car wash owner is responsible for fixing your car. He doesn't get to choose where you have it fixed. If he refuses to pay to have it fixed at...
Archived
My friend got into an accident with no license and is an illegal immigrant
Alan's answer
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Answered on September 06, 2014
The insurance company will pay the claim. He may get a ticket for driving without a license. If he pays the ticket promptly, there's a decent...
Archived
Can BMW be held liable for transmission that emits toxic odor into vehicle to break it in? Recall, corporate responsibility?
Alan's answer
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Answered on September 06, 2014
You claim that this odor is "toxic" and "unsafe." If this is true, you may be able to recover. But before you can recover, you're going to have to...
Archived
What can I do if the person who hit me cant cover my repairs for the car crash?
Alan's answer
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Answered on September 06, 2014
The best way to deal with this sort of situation is to carry insurance of your own. But if you don't have collision insurance (or underinsured...
Archived
Grounds for Abuse of Process Tort? Plaintiff in UD files Motion to Amend Judgment to include different address 20 months later!
Alan's answer
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Answered on September 06, 2014
The tort of abuse of process requires that the underlying litigation be concluded favorably to the plaintiff. You lost the underlying litigation....
Archived
Side impact car accident as made left to make u turn at instersection after looking it was safe.
Alan's answer
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Answered on September 06, 2014
The facts you set out do tend to indicate negligence - on your part. A person turning left has a duty to make sure that there is no oncoming...
Archived
Is it ethically proper for the same attorney to represent 2 individual defendants in a civil suit...
Alan's answer
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Answered on September 06, 2014
A civil defendant cannot appeal for inadequate representation. Any time a lawyer represents multiple clients, there is potential for a conflict of...
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