Archived
Can an attorney representing my neighbor force me to sign an amended agreement after we settled in small claims court mediation?
Frank's answer
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Answered on June 28, 2018
No. If the judge accepted the settlement agreement which resulted from the mediation, that is the final settlement agreement. While the parties...
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Archived
If an attorney who is special appearing for a defendant gets in default. can a defendant vacate the default for mistake?
Frank's answer
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Answered on June 28, 2018
The defendant can seek to have the default set aside pursuant to California Code of Civil Procedure section 473. Under this provision, there is...
Archived
Can i sue a divorce attorney in small claims court for reimbursment of some of the legal fees I paid to them?
Frank's answer
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Answered on June 28, 2018
Yes, you can either sue in small claims court or you can demand fee arbitration. ...
Archived
Plaintiff produced discovery from me covered under protective orders in a RFP in another trial.
Frank's answer
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Answered on June 28, 2018
Need more information about the two other cases. Have those cases been "deemed related" by the court? Are the parties the same or similar in the...
How long to file motion to set aside default judgement
Frank's answer
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Answered on June 28, 2018
There are different deadlines depending upon whether the motion to vacate default judgment is being made pursuant to California Code of Civil...
What does it mean when your case says return sheet judgment in California ?
Frank's answer
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Answered on June 28, 2018
It most likely means that your submission was rejected, and the reasons for rejection are set forth in the return sheet, which you will receive in...
Archived
Can a landlord do a five day notice
?
Frank's answer
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Answered on June 28, 2018
Yes. Although California Code of Civil Procedure section 1161 only requires 3 days notice, a landlord can give you a 5 day notice to pay rent or...
Archived
Wrongful Termination?
Frank's answer
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Answered on June 28, 2018
Yes it might be a basis for a wrongful termination claim. Federal law prohibits terminating an employee who is out of work due to a physical...
Archived
Will I need to be represented with an attorney during a deposition?
Frank's answer
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Answered on June 28, 2018
This sounds like an examination under oath (EUO), which is similar to a deposition. An examination under oath is a formal proceeding during which...
What does it mean when they file a notice of withdrawal of attorney of record ?
Frank's answer
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Answered on June 28, 2018
If this is your attorney, you will need to ask your (former) attorney. Normally in a civil case, an attorney can only withdraw from a case either...
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