Archived
Civil Appeal: When is deadline (and recommended time if different) to request judicial notice of an appellate court regarding...
Andrew's answer
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Answered on September 25, 2015
You appear to be attempting to "augment the record" with items not having anything to do the with underlying issue appealed (/cross-appealed) from....
Civil Appeal: Does designation of records include only trial records or may they include deposition transcripts and other...
Andrew's answer
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Answered on September 24, 2015
What Mr. May said, though you can at least try to get items into the record (or exclude the other side's) if there were objections, offers of...
Archived
We were hit from behind by a taxi cab and our car was totaled
Andrew's answer
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Answered on September 23, 2015
As to the accident:
One way would be if you were traveling in reverse, against the direction of traffic in your lane. Or if you suddenly and...
Archived
How would I be 'open and notorious' acquiring land through adverse possession?
Andrew's answer
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Answered on September 23, 2015
Generally, fencing it off, building a structure, shooing others away, those kinds of things. Many (not all) states require regular payment of...
Serving papers to party who has a lawyer
Andrew's answer
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Answered on September 23, 2015
Cheapest way, maybe fastest: You can call the other side's attorney and see if they will accept service by mail, fax, etc. Mention and include...
Can the HOA be forced to verify that there is no pending litigation?
Andrew's answer
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Answered on September 23, 2015
The HOA does not have to respond to such requests in California, but if they do, they must do so honestly. Seller has a duty to disclose, but the...
Archived
What is an adjudicative fact in when a lawyer is arguing certain evidence ought to be allowed?
Andrew's answer
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Answered on September 21, 2015
You have your "adjudicative facts" and "legislative facts." Federal Rules of Evidence 201 applies for judicial notice of "adjudicative facts:"...
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I am a CA attorney on inactive status. Can I file an unlawful detainer action on behalf of a limited partnership that I own part
Andrew's answer
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Answered on September 20, 2015
You are still bound by ethical rules applicable to attorneys, even if "inactive." As stated above, 1) no: such entities may not appear other than...
Archived
As a client of an attorney in litigation with an insurance company, is there a reason why am I not copied on the correspondence?
Andrew's answer
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Answered on September 19, 2015
The insurance company's attorney MAY NOT contact a respresented opposing party. The insurance company technically may contact you, but that is...
Archived
Do I file a motion to vacate or a motion to set aside the judgment, or do nothing?
Andrew's answer
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Answered on September 17, 2015
Gah! Find an attorney- you say you were served, but are you even sure about that? Your question has all kinds of follow-up needed. Before you...
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