Archived
The question is do I proceed and just file the Notice of Appeal or do I first file a Motion to allow the filing of the Appeal.
Andrew's answer
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Answered on January 31, 2016
340.6 is for legal malpractice by an attorney, which does not appear applicable.
You might try "equitable tolling", but without a chunk of...
Do I need to file a substitution of attorney in post judgment eviction case and no longer retaining the service of an attorney?
Andrew's answer
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Answered on January 31, 2016
Yes (assuming "you" aren't a corp.). The other side may be rather cooperative and agree to accept service by email from now on (have friend do the...
Archived
What can I do to stop this attorney from harassing me with bluffs-i.e. make a motion to dismiss sanctions / or turn into Bar.
Andrew's answer
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Answered on January 30, 2016
I am assuming you are the same person from "What does a court normally do...?" The response is the same:
Answered 3 days ago. My answer is...
Archived
What does a Court normally do? Doesn't the Court only issue a judgment, (if the Plaintiff requests), & say good luck collecting
Andrew's answer
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Answered on January 27, 2016
Jesus, you need an attorney. Contact local law school (San Joaquin School of Law? Others?) and ask about indigent assistance. And whatever else...
Archived
Is there a rule about how long the hearing is held from the last paper filed (Oral Argument)?
Andrew's answer
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Answered on January 27, 2016
Only rule I know of is that TRIAL court judges get their pay docked if they don't decide within 90 days of submission (usually oral argument). ...
Archived
What is the case president of these type cases and if I have to litigation, what are my odds of winning?
Andrew's answer
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Answered on January 27, 2016
I understand that the owner changed flooring: carpet to Pergo or similar, so you hear every foorstep above. Unless the HOA requires carpeting...
Archived
Do I owe her a refund of any kind? Can she pursue any kind of litigation, based on her health related problems?
Andrew's answer
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Answered on January 27, 2016
Some caveats: you have a duty to mitigate your damages. Start trying to rent the thing out.
"No mold"- no. 100% promised. There IS mold...
Archived
Am I barred from having my complaint decided by a jury, because I filed a default, or is a jury trial still available to me?
Andrew's answer
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Answered on January 27, 2016
If you have a true default, essentially "yeah, they did all that stuff, but you did X, which could offset (or be greater than) damages in your...
Archived
What is the cost of retaining a lawyer?
Andrew's answer
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Answered on January 24, 2016
You need to immediately get an attorney. You might be able to do an initial "limited purpose" agreement to get any statute of limitations issue...
Archived
Can they shut down central dist. litigation if I appeal to OAH? see above
Andrew's answer
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Answered on January 20, 2016
You have multiple issues here, with many omitted facts. You need an attorney. If the union isn't helping, many administrative employment law...
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