Archived
Civil Lawsuit Damages: What defines Damages pertaining to loss of asset & money? I financed the purchase, remodel, holding, ...
Alan's answer
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Answered on November 24, 2014
It is not clear what you are asking, but I'll try to answer. To cut to the chase, though, you should probably consult with an attorney to discuss...
Archived
How do I get an Amended Summons issued?
Alan's answer
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Answered on November 24, 2014
The caption of the summons must match the caption of the complaint exactly. If you failed to name the defendant in the caption of the complaint,...
Archived
1) Bought new home in Calif 2006
2) Bathroom leak 2007 damaging hardwood floor
3)2008 Builder replaces entire floor at his..
Alan's answer
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Answered on November 24, 2014
You are only required to disclose material facts. A leak and a floor replacement that happened 8 years ago is probably not material. On the other...
Archived
Do i need a lawyer
Alan's answer
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Answered on November 24, 2014
In order to bring a successful legal claim, you must have sustained some sort of damages. It seems extremely unlikely that the distress of finding...
Archived
Can I get a claim dismissed if the Plaintiff filed with an amount that exceeds the limit for a specific action?
Alan's answer
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Answered on November 24, 2014
The court won't dismiss the claim, although, since you had insurance, the most the plaintiff can recover is $7,500. You need to notify your...
Archived
Abuse of process or malicious prosecution?
Alan's answer
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Answered on November 24, 2014
What you describe is not abuse of process.
Archived
Bankruptcy debtor filed Chapter 7, is a x-defendant in civil suit. Can the civil suit be amended to include fraud?
Alan's answer
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Answered on November 24, 2014
Amending the cross-complaint or taking any other action against the debtor in any forum other than the bankruptcy court is a violation of the...
Archived
When making a claim for dereliction of duty against a lawyer with the bar.
Alan's answer
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Answered on November 24, 2014
If the complaint really is easy and provable, the bar association will move quickly. Resolution should take months, not years.
Archived
Can I request a continuance in a hearing on a demurrer requested by defendants if I am trying to get counsel?
Alan's answer
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Answered on November 24, 2014
You can ask for a continuance, but it is unlikely to be granted. You're the one who chose to file suit; if you wanted a lawyer that was the time to...
Archived
What should I do if the defendants did not file their answer by the date the court ordered?
Alan's answer
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Answered on November 24, 2014
How do you know the defendants did not file an answer by November 20? Last I checked, the clerk's office here in Sacramento was taking at least a...
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