Archived
I was sued for unlawful detainer post-foreclosure. During the proceedings I propounded discovery requests upon plaintiff.
Alan's answer
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Answered on December 03, 2014
You were aware of the exhibit and could have offered it into evidence yourself. You simply failed to do so. That failure cannot constitute grounds...
RFA: Admit in part, Deny in part?
Alan's answer
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Answered on December 03, 2014
You can always provide a response to the effect of "I am unable to admit or deny because I am not certain of the date." But don't play games; add...
Need file extension respond interrogatories & discovery as trying retain an attorney, what motion&case law to cite allows this
Alan's answer
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Answered on December 03, 2014
You don't file a motion for an extension of discovery responses. Just write a letter to the opposing attorney asking for a short extension. And...
Archived
How many days before a hearing do I have to file a declaration (mc-030)?
Alan's answer
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Answered on December 03, 2014
You can't just file a declaration by itself. It needs to be filed in support of and contemporaneously with a motion, an opposition, or a reply. The...
Archived
Why were non-representative attorney fees stricken from Memorandum of Costs? I claimed $8000 on Memorandum of Costs for ...
Alan's answer
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Answered on December 03, 2014
The attorney fees were stricken because you did not have a lawyer representing you in the action. A fee award is for fees incurred in bringing the...
Archived
Selling of dirtbike
Alan's answer
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Answered on December 03, 2014
Verbal agreements are as binding as written contracts. (There are exceptions to this general rule, but I am unaware of any that apply here.) You...
Archived
Regarding a hearing on Motion for Summary Judgment-- what can I conclude if the court says it's "off calendar?"
Alan's answer
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Answered on December 03, 2014
The MSJ probably wasn't filed; this is especially true if you have not been served a copy. If the motion was filed, the movant may be attempting to...
Archived
(Los Angeles, CA) How to serve small claims defendant when no home address information is available?
Alan's answer
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Answered on December 03, 2014
You could try sending a Notice and Acknowledgement to the PO Box, but there's no guarantee that the defendant will accept service that way. Sub...
Selected as the best answer
Archived
Why may self-represented persons not claim attorney fees? I understand even attorneys cannot charge for representing themselves.
Alan's answer
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Answered on December 03, 2014
The reason is this: An attorney fee award is intended to compensate the prevailing party for **attorney fees.** If you have incurred no attorney...
Archived
Previous lawyer made several mistakes during court, malpractice?
Alan's answer
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Answered on December 03, 2014
None of the information you have provided would support a conclusion that your attorney committed malpractice or engaged in any misconduct. If you...
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