Archived
I stopped treatment for a few months then began again when my injuries got worse. Now my own insurer won't pay my medical bills
Alan's answer
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Answered on December 15, 2014
A gap in treatment is always a challenge. The presumption is that you stopped treating because you were getting better, and you went back because...
Archived
Will I continue to use the old case number after appeal?
Alan's answer
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Answered on December 15, 2014
Yes, you will continue to use the old case number. You will also use a new case number that will be assigned by the Court of Appeal.
Archived
Can I appeal the small claim court judgement?
Alan's answer
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Answered on December 15, 2014
Yes. You are entitled to a trial de novo in the Superior Court. It's like a complete do-over - the previous results are not considered. Just file...
Archived
Can the attorney continue my deposition for no reason other than to review my transcript?
Alan's answer
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Answered on December 15, 2014
You only have to give one deposition. If you made a timely objection on the record it is unlikely that the opposing party will be able to compel...
Archived
Im being sued by a law firm that represents a gym and they threten to take everything what can i do?
Alan's answer
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Answered on December 15, 2014
No, that's not true. The person who made that statement probably isn't a lawyer, but making such a statement in the course and scope of employment...
IF Defendants failed to make an argument on summary judgment, is that argument waived on appeal?
Alan's answer
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Answered on December 15, 2014
Generally speaking, waiver of an argument on appeal is a concept that applies to the appellant, not the appellee. An appellate court can and will...
Answers to Discovery when package is mailed.
Alan's answer
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Answered on December 15, 2014
Your responses are due on the 35th day after the date on the Proof of Service. You can meet that deadline by placing the documents in the mail on...
Archived
Does small claims courts throw out cases that involve construction (improperly installed windows)?
Alan's answer
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Answered on December 15, 2014
A small claims judge can hear a construction case, but it will be thrown out if the plaintiff fails to meet the burden of proof. And proving a...
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Archived
When an Answer is filed, are the defendants answer's viewed as fact over the Plaintiff's allegations?
Alan's answer
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Answered on December 15, 2014
Neither the plaintiff's nor the defendant's pleadings are considered facts; they are just allegations. Unless the defendant has makes a...
Archived
I sold some expensive furniture to a buyer who failed to pay. Can I put a lien on my products sitting in his warehouse? Thx.
Alan's answer
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Answered on December 14, 2014
You can't file a lien, buy you may be able to replevy the property through an action for claim and delivery. You need to contact an experienced...
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