Does a writ of mandate for a. Administrative agency decision final

A writ proceeding cannot constitute double jeopardy. If the Superior Court remanded proceedings back to the administrative agency, then subsequent...

My knee hurts from car accident after being t-boned... Accident happened 2 weeks ago but my knee is killing me now. What do I do

You certainly can sue the other driver, but you will probably lose. A party who has a stop sign must yield right-of-way in an intersection to a...

You blew it. You should have obtained a subpoena for the records with a response date prior to the discovery cutoff. Worse, you cannot obtain a...

Timing for a Motion in Limine

Check the local rules. While some courts hear motions in limine on the first day of trial, others require that they be filed and heard ahead of time.

A demurrer that is sustained without leave to amend leads to dismissal of the relevant causes of action with prejudice to the refiling of same. You...

Am I required to submit my health insurance's subrogation claim to the insurance carrier during a settlement negotiation?

The third-party insurance company has no obligations to you. Its only obligation is the duty it owes to its insured to make a reasonable attempt to...

I think I am being sued by an prior landlord in small claims court. But I have not been served.

If you have not been served, you do not need to do anything. You may want to check the court's file to make sure you have not been served by...

Is it right for lawyer to not include medical report when demand letter is sent?

It depends. Sometimes damages so clearly exceed policy limits so that there is no need to include all medical records. Sometimes the medical...

What are possible courses of action when my attorney was served with a cross complaint 11 months ago and neglected to tell me?

If the attorney was not served with the Cross-Complaint, he was not negligent in failing to tell you about it or file a responsive pleading....

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Counter suit of small claims charges to unlimited superior court

The finding of the small claims court is not evidence. It is conclusive as to the cause of action asserted by the claimant in that action, but...