Archived
Is there a timeframe for a civil case default judgement to be reopened to see a judge regarding a case?(almost 7 years ago)
Alan's answer
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Answered on May 13, 2014
Yes. The time for re-opening a default judgment under Section 473 of the Code of Civil Procedure is six months from its entry.
Archived
Can my annuity my mother left behind for me be taken from me by the family who sued me for wrongful death?
Alan's answer
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Answered on May 13, 2014
A judgment creditor is entitled to seize any non-exempt assets you own. You may want to consult with a bankruptcy attorney about how to protect...
Archived
How do i find a attorney willing to sue DFCS?
Alan's answer
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Answered on May 13, 2014
DFCS has governmental immunity for its actions. It is going to be very difficult to find a lawyer who will take your case, because it will be very...
Archived
Taking a Deposition, Request for Documents and Interrogatories
Alan's answer
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Answered on May 12, 2014
There are plenty of objections to be made to a deposition notice, and plenty more objections that can be made to the questions asked if and when...
Archived
I am the defendant and I won my case. The order says that "the defendant shall have their costs of suit"..
Alan's answer
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Answered on May 12, 2014
Probably not. Recoverable statutory costs are listed in Section 1033.5 of the Code of Civil Procedure. Attorney fees are only a recoverable cost if...
Do I need to attend a demurrer hearing even though the tentative ruling was released the day before?
Alan's answer
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Answered on May 12, 2014
It depends on the county. You need to read the local rules regarding tentative rulings.
In the counties where I practice, the tentative becomes...
Archived
CA case management conference for personal injury case. Does the CM-110 form get served on the other party? Any samples avail?
Alan's answer
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Answered on May 12, 2014
If the other side has appeared in the action, you must mail-serve the Case Management Statement. You can use Form POS-030 to show service, or you...
Form interrogatories vs Request for Production of Documents
Alan's answer
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Answered on May 12, 2014
Interrogatories ask questions; the responding party provides written answers. A request for production of documents requests the production of...
Selected as the best answer
Archived
Is my lawyer doing right by me?
Alan's answer
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Answered on May 12, 2014
You have the right to be represented by the lawyer of your choice, and you have the right not to pay any unreasonable fees.
Billing mistakes...
Signed "Preliminary Notice to Proceed" on the proposal by a construction general contractor. Can I fire them?
Alan's answer
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Answered on May 12, 2014
A commercial construction contract is presumably going to cost more than a couple of thousand bucks. You should hire an experienced construction...
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