Archived
This is regarding a cost overrun run up by a contractor doing a job for me on a time and materials basis.
Alan's answer
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Answered on December 01, 2014
You entered into a time-and-materials contract. You are obligated to pay for the time and materials provided to you. From the facts you present,...
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Archived
How do I change court date plaintiff has filed w/court for "Notice of Motion & Motion 4 Judgement on Pleadings?
Alan's answer
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Answered on December 01, 2014
Explain that you will be out of town on that date and ask the moving party's attorney to reschedule the hearing for a date that you are available....
Archived
If I want to have evidence admitted in a civil hearing for this hearing only, is this done in the same way as a noticed motion?
Alan's answer
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Answered on December 01, 2014
Generally speaking, you cannot introduce evidence at the hearing of a motion to quash. You need to file a written opposition. That opposition...
Archived
What is anti-slapp motion?
Alan's answer
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Answered on December 01, 2014
Your question would require a 2-inch-thich treatise to answer completely, but generally speaking a SLAPP suit is a "strategic lawsuit against...
Archived
If you were found negligent of moving dirt on a neighbors property. who pays attorney fee?
Alan's answer
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Answered on December 01, 2014
Generally speaking, litigants in the American court system must bear their own fees. Unless there is a statute or a contract that would make you...
Archived
Driver#1 hit our car while running through a red light 9 months ago . I and my twin infants were passengers of driver#2's car
Alan's answer
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Answered on December 01, 2014
You and your children were injured in a crash where liability is contested. If there is any situation in which a lawyer is an absolute necessity,...
Archived
Do i NEED TO NOTICE OPPOSING COUNSEL if I file a motion to amend my complaint and new COAs to it as this the first amendment?
Alan's answer
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Answered on November 30, 2014
Any time you file a motion, you need to serve notice on all other parties. But if no other party has answered the demurrer has not yet been heard,...
Archived
Which evidence code section has to do with judicial notice for inconsistent and contradictory allegations?
Alan's answer
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Answered on November 30, 2014
The pleadings in your case are already part of the court's file. You don't need to request judicial notice of them.
Why wasn't a hit and run driver arrested?
Alan's answer
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Answered on November 30, 2014
The police don't usually arrest people for traffic violations. Even hit-and-run violations. Stop worrying about what happened to the other person...
Archived
What is the best method to oppose a motion to strike from the complaint in a civil action the name of the defendant, the
Alan's answer
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Answered on November 30, 2014
The complaint needs to allege the basis on which you are alleging each defendant's liability. And generally speaking, a complaint for tort...
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