Archived
Is it a conflict of interest if an attorney who represented me in the past takes on a case against me now?
Alan's answer
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Answered on January 17, 2015
Under California law, an attorney must avoid doing anything that will prejudice the client in the matter in which the attorney represented the...
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Archived
If a party requests a particular case be judicially noticed, does this meanthe entire case is judicially noticed and both
Alan's answer
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Answered on January 17, 2015
Generally speaking, judicial notice is a process for placing evidence before the court. Case law is not evidence. Therefore, it would be...
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If a DEFENDANT ASSERTS A LITIGATION PRIVILEGE FROM A PREVIOUS CASE , IS THE PRIVILEGE ABSOLUTE?
Alan's answer
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Answered on January 16, 2015
The litigation privilege is a defense against tort actions arising from conduct that occurred during the course of a lawsuit. It does not prevent a...
Archived
If a lawyer is falsley claiming to be pro bono while seeking sanctions in court can he be punished?
Alan's answer
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Answered on January 16, 2015
It is unethical for a lawyer to lie to the court. And if you can prove to the judge that your opponent's attorney is being untruthful, it is likely...
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Are acts that are unlawful under the ADA and the Unruh Civil Rights Act shielded by the litigation privilege?
Alan's answer
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Answered on January 16, 2015
It is difficult or impossible to answer this in the absence of any facts. Moreover, there's not much point in trying to answer a purely...
Archived
Judgement
Alan's answer
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Answered on January 16, 2015
In some states you have to file a "homestead exemption" to protect your house. California is not one of those states. The only thing you can file...
Archived
What is considered appropriate treatment from court appointed lawyer?
Alan's answer
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Answered on January 16, 2015
If you can afford to hire a different lawyer, you should feel free to do so. But the court is unlikely to appoint a different lawyer for you based...
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I'm in the final stages of a settlement with my former employer
Alan's answer
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Answered on January 16, 2015
Yes. The employer is required to issue you a 1099 for the settlement amount.
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I was robbed recently and vandalized a few months before. My insurance company hired an investigator to visit me
Alan's answer
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Answered on January 16, 2015
How you go about this is to cooperate with your insurance company. They're entitled to conduct an investigation before they pay you. If you want...
Archived
I am the plaintiff in a lawsuit and would like to have it dropped. What steps must I take (i.e. forms, etc.)?
Alan's answer
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Answered on January 16, 2015
So long as the defendant has not filed a cross-complaint against you, you can dismiss the suit by filing form CIV-110, "Request for Dismissal."...
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