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Is there an appropriate time to offer or demand settlement during litigation proceedings? If so, send a letter or just call?
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Answered on August 07, 2012
Conveying a settlement offer is almost always a good idea. The most significant difference between a verbal offer and a written offer is that the...
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How do you dismiss Doe defendants in an Unlawful Detainer case. I think you use civ-110, but how do you fill it out?
Matthew's answer
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Answered on August 07, 2012
Paragraph 1a "without prejudice"
Paragraph 1b6 "Does 1-____" fill the blank in with the number of does you claimed.
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How to obtain legal paper work to receive my deceased sons medical records, he was 25, never married, no assets.
Matthew's answer
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Answered on August 07, 2012
As the beneficiary of his estate, you are entitled to his medical records. Attached is a link to a great article on the issue. The information...
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I received a letter from a law office in NY regarding unpaid credit card debt from about 3-4 years ago.
Matthew's answer
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Answered on August 06, 2012
It doesn't sound like a lawsuit, but rather "just" a collection letter. You can check with the Sacramento County Courthouse. There is an online...
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I received an Involuntary Lien notice. Do I call the attorney on the letter or do I call someone else. Help!
Matthew's answer
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Answered on August 06, 2012
Take a deep breath. It is very unlikely they can take your home. California's homestead exemptions apply to mobile homes. However, it may be...
Rule 34 of the Federal Rules of Civil Procedure, OR Section 2031 of the California Code of Civil Procedure?
Matthew's answer
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Answered on August 03, 2012
If the complaint is filed in a California court (Superior/Municipal) then follow the California Rules (Section 2031). If it is filed in a United...
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Suing somebody in California on a Promissory Note that calls for 10% compounded monthly
Matthew's answer
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Answered on July 27, 2012
Usary is an affirmative defense. Thus if it is not raised, it is waived. I'd ask for it.
Archived
I have been sued by a debt collector, what is the first step to take?
Matthew's answer
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Answered on July 27, 2012
First step for you or the creditor? For you, you should make some long-term decisions. If you have a defense, then you may want to file an...
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I was terminated from a company that I am 12.5% owner of without consent from all owners, without getting paid for work.
Matthew's answer
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Answered on July 27, 2012
You likely have a whole list of claims including wage/hour claims; dissolution claims. I'd be happy to discuss it with you. If the amounts at...
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California Worker's Compensation. Interrupted employment and '6-month rule'
LC 3208.3(d)
Matthew's answer
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Answered on July 26, 2012
I would agree with the others. My law partner Kyle K. Tambornini is an active member of CAA, and would be happy to consult with...