Archived
When is a court order considered binding? The date that it was issued by the Court or the day it was entered?
Alan's answer
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Answered on June 10, 2014
A court's order is binding immediately upon its issuance. Generally speaking, orders compelling discovery contain the time frame for compliance.
Archived
Im in a realestate partnership, if partner only paid back principle, but not interest, what is statue of limitations on interst?
Alan's answer
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Answered on June 10, 2014
The statute of limitation runs from the date the contract is breached. It would require more information than you have provided to determine when...
Archived
MIST cases and jury perception
Alan's answer
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Answered on June 10, 2014
The insurance companies know that by aggressively litigating MIST cases they can make it economically unattractive for lawyers to represent...
Archived
Does a process server call ahead of time and ask you to call a number of who is filing action so you can avoid going to court?
Alan's answer
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Answered on June 09, 2014
Generally speaking, process servers simply serve the Complaint. This sounds like a questionable debt collection practice to me.
Archived
Can I amend my cross-complaint if cross defendant made libelous statements, in his Motion for judgment on the pleadings, that
Alan's answer
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Answered on June 09, 2014
No. The "litigation privilege" protects all statements made in pleadings, motions, or other documents filed with the court. Those statements cannot...
Archived
If i wanted to file a complaint against a certain law enforcement agency is there a time limit in wich to do so?in california
Alan's answer
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Answered on June 09, 2014
You may not file a lawsuit against a government entity without first submitting an administrative claim. The deadline for submitting the...
Archived
How to remedy if filed legal papers were found later with some mistakes? They were filed by attorney not reviewed by client.
Alan's answer
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Answered on June 07, 2014
You should be discussing this with your lawyer rather than asking questions on an online forum.
That said, an attorney's take on things is often...
Archived
Can you file a motion to compel discovery after a protective order was granted?
Alan's answer
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Answered on June 07, 2014
It should be abundantly clear to you by now that discovery is difficult and complicated. If you want to continue to pursue this matter, it is...
Archived
What to do next if my civil case is dismissal through failure to prosecute dismissed without prejudice
Alan's answer
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Answered on June 07, 2014
If your case was dismissed, you need to re-file. Hopefully the statute of limitation has not run. If it has, you may want to look into challenging...
Archived
Unlawful Detainer Motion to Reconsider: What defines satisfactory explanation for presenting different evidence per CCP 1008?
Alan's answer
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Answered on June 06, 2014
Motions to reconsider are very rarely granted. CCP 1008 requires that they be based on "new or different facts, circumstances, or law." Not "new"...
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