I am a plaintiff in CA small claims. The defendant is a company and used attorney in court today. Can I appeal based on this?
Frank's answer
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Answered on October 25, 2018
A party can authorize a specific person to appear on its behalf at the small claims trial using form SC-109. A lawyer can appear only as...
After filing a cross complaint, how long does the cross defendant have to answer?
Frank's answer
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Answered on October 25, 2018
The cross-defendant has 30 days to respond to the cross-complaint. If your cross-complaint was served by mail, the cross-defendant gets an...
Archived
What do I need to do? I got a Notice of Entry of Judgment and I was never served.
Frank's answer
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Answered on October 25, 2018
Assuming you are referring to a small claims court judgment, you would need to file a Motion to Vacate, SC-135. ...
Archived
Should I refile Motion for sanctions if Judge stricken it (no Meet&Confer)? Or should I wait for decision on Motion to Dismiss?
Frank's answer
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Answered on October 25, 2018
You should just wait for the court's ruling on the Motion to Dismiss. In the U.S. District Court for the Central District of California, Local...
Archived
If I file a Motion to Vacate, am I the plaintiff or defendant?
Frank's answer
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Answered on October 25, 2018
You are the defendant. On the SC-135, you indicate you are the defendant. It is important for you to articulate when you first learned about the...
What is a judge's job consist of? What are their actual duties?
Frank's answer
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Answered on October 24, 2018
A judge is required to evaluate the facts and render a decision when presented with a specific matter. Generally speaking, it is not necessary nor...
Can I sue unlicensed constructor?
Frank's answer
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Answered on October 24, 2018
Yes. In California, it is illegal for an unlicensed person to perform contracting work on any project valued at $500 or more in labor and...
How long before trial is discovery due? How could counsel file to compel discovery 4 months before trial?
Frank's answer
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Answered on October 24, 2018
If you incorrectly assumed you had 30 days before the trial date to respond to the discovery, no wonder the opposing counsel filed motions to...
Archived
Can I stay in my apartment after the date that my move out day was scheduled for in an eviction settlement ?
Frank's answer
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Answered on October 24, 2018
If you had a lawyer enter into a stipulation for judgment (or stipulation for settlement), you need to ask your lawyer what options you have. Your...
Archived
Our trial and discovery dates were both postponed to mid January. When would the discovery be due?
Frank's answer
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Answered on October 24, 2018
Responses to written discovery is generally due 30 days after service, and if served via U.S. mail, add 5 additional days. However, it is fairly...
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