Archived
Does a defendant whose response to the complaint is late (no stip/ct order) get a new 30 days from first amended complaint?
Frank's answer
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Answered on July 20, 2018
Yes, when the plaintiff files a first amended complaint, all of the defendants get an extra 30 days (or 35 days if the first amended complaint was...
A court summons form sc-100 was delivered to my work, unsealed, to give to me. Is it legal to not be confidential?
Frank's answer
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Answered on July 20, 2018
Yes, it is legal not to be confidential. California Code of Civil Procedure section 415.20(b) provides:
"(b) If a copy of the summons and...
I need to get a attorney for a deposition under oath on a stolen car insurance claim that i have ?
Frank's answer
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Answered on July 20, 2018
You are wise to consider having an attorney represent you for an "examination under oath" in connection with your insurance claim. Unfortunately,...
Archived
Landlords charge fraudulent extra charges to rent account.
Frank's answer
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Answered on July 20, 2018
Your post does not indicate whether your landlord has served you with a 3 day notice to pay rent or quit, or other type of notice, nor does your...
Form of consent to electronic service between parties
Frank's answer
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Answered on July 20, 2018
No, you cannot just show the email to the judge as proof of consent to electronic service because this does not comply with California Rules of...
Archived
I'm a roommate to the head of house hold that is on the month to month rental agreement, and she was served an eviction notice
Frank's answer
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Answered on July 20, 2018
Yes, you can also be evicted. Presumably, the notice (3 day notice to pay rent or quit?) was addressed to the head of household "and all other...
Archived
I was served papers in person last year now by mail for unpaid credit card it says plaintiffs request for admission set one, ??
Frank's answer
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Answered on July 20, 2018
Presumably, you filed a timely Answer to Complaint or General Denial last year. It appears you just received written discovery request(s), to...
Is a pro per plaintiff entitled to recover his costs in preparing a Motion to Deem facts Admitted??
Frank's answer
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Answered on July 20, 2018
No, a pro per is not entitled to recovery attorney's fees as sanctions in a discovery motion. Yes, it is true. If you prevail, you will only be...
Archived
If I forgot to object to the claim that I have no facts on record to motion the court at all, what rule/law says I'm screwed?
Frank's answer
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Answered on July 20, 2018
It is a general legal concept under American law that the failure to timely object constitutes a waiver. An attorney will need substantially more...
Our case got dismissed for failure to serve, can we do a motion for reconsideration of the order of dismissal?Serve other party?
Frank's answer
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Answered on July 20, 2018
No, you cannot. A Code of Civil Procedure section 1008 motion for reconsideration would not be proper. You will have to re-file a new complaint,...
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