Can I get a last minute continuance (or similar motion) in California for MEDICAL reasons? The hearing is next Thursday.
Alan's answer
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Answered on July 28, 2014
Depending on what sort of hearing is scheduled, you may want to consider appearing by telephone. Most California Superior Court departments permit...
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Breach of contract - If sue a phone company so they give me a particular phone number - can they counter sue me?
Alan's answer
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Answered on July 28, 2014
Anybody can sue anybody else for anything. So yes, the phone company can certainly file a cross-complaint against you. The question is whether it...
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If lawyer miss represent and file motion against defendant, what to do? What action legally I can take against lawyer?
Alan's answer
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Answered on July 28, 2014
Because you are in litigation, you have no legal recourse against the opposing lawyer. If you can prove that he engaged in misconduct, you should...
Archived
How can I sue an atty for legal malpractice case,breached the duty owed to the client, negligence, breach of fiduciary duty,etc?
Alan's answer
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Answered on July 28, 2014
It is unlikely that a case for the conduct you described will be worthwhile. A lawyer is required to set up a dedicated trust account when funds...
Archived
Do I need to pay the towing truck for my accident
Alan's answer
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Answered on July 25, 2014
The at-fault driver's insurance company will ultimately be responsible for the towing charges. If they don't make a quick determination of fault,...
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What is the difference between a contract and an agreement?
Alan's answer
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Answered on July 25, 2014
There is no difference. If a party enters into a contract as a result of misleading words or conduct, it my be void or voidable depending on the...
Archived
Can I request to discuss my case in the courtroom not in chambers
Alan's answer
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Answered on July 25, 2014
The reason the lawyers go to chambers with the judge is so that they can have a frank discussion about the case without the clients present. It's a...
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For a contract to be legal, it must be signed by all parties?
Alan's answer
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Answered on July 25, 2014
Not necessarily. The parties who sign a contract are bound by their signatures, but even a party who does not sign a contract can be bound to...
Archived
Car accident -- My attorney said "it is standard practice to release all insureds under a policy". Is that true?
Alan's answer
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Answered on July 25, 2014
You can sign the release and get the money, or not sign the release and not get the money. It's your choice, but unless you release all the...
Archived
What recourse do I have if the person whom rear ended me only carries California min insurance?
Alan's answer
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Answered on July 25, 2014
The first place to look is at other third-party insurance. Was the other driver acting in the course and scope of his employment? Does he (or...
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