Archived
What is the amount of time is a party suppose to give the other party before the date scheduled for hearing before the other par
Alan's answer
|
Answered on January 20, 2015
Per CCP 1005, A defendant must file and serve notice of a demurrer at least 16 court days before the hearing. That would be January 19. Another...
When a Motion To Quash Service of Summons & Complaint is on calendar for hearing, (challenging the service of the original ...
Alan's answer
|
Answered on January 19, 2015
A demurrer challenges the sufficiency of the Complaint; an amendment renders that issue irrelevant. An amendment does not, however, cure any...
Archived
Does this mean that my case Is over?
Alan's answer
|
Answered on January 19, 2015
You need to submit a proposed order dismissing the case with prejudice. Plaintiff should be given an opportunity to approve the order as to form.
Archived
If a party has not filed a responsive pleading to the action, can you serve motions and/or discovery by mail? Cite authority.
Alan's answer
|
Answered on January 19, 2015
No, you cannot. A party who has not made a general appearance in the action must be personally served.
Archived
When an "Affirmative Defense" is, in fact, not a defense , should it be attacked by Demurrer or by Motion to Strike (or both) ?
Alan's answer
|
Answered on January 19, 2015
You can demur to an answer or file a motion to strike. But if you do so without a compelling reason, you will just annoy the judge. Stop playing...
Archived
Is there a time limit to serve me with a summons? I was served at my home with a summons on 1/17/15 that was filed on 3/26/14.
Alan's answer
|
Answered on January 19, 2015
While the California Rules of Court require that the Complaint be served within sixty days, this rule is advisory only. It has no teeth. CCP...
Archived
1) How does a judge rule on a summary judgment motion in a civil matter? 2) Why does a judge typically give the defendant the
Alan's answer
|
Answered on January 19, 2015
A judge will only grant a summary judgment motion if there is no genuine issue of material fact. The non-moving party - whether it's the plaintiff...
My attorney billed me $60,000 for one month of divorce case
Alan's answer
|
Answered on January 19, 2015
$60,000 is about the cost of having one lawyer work on your case full-time for a month. You say you're close to trial, so depending on how complex...
Archived
Defendants served me with a motion, that was not properly served. Can the court refuse to hear it?
Alan's answer
|
Answered on January 19, 2015
The judge does not want to hear parties whining about improper service. If you somehow have been prejudiced by improper service (for example, if...
Can I, as a daughter, sue my parents auto insurance for bodily injury due to my mothers death in an auto accident?
Alan's answer
|
Answered on January 18, 2015
You are being told wrong. You cannot sue on your mother's behalf for bodily injury. Only the personal representative of her estate can do that. And...
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
The Avvo Rating explained
The Avvo Rating explained