Can I include statements like "he is lying" or "the evidence will show that the Defendant is lying" in my opening/closing?
Frank's answer
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Answered on June 18, 2018
It is not appropriate to make arguments in the opening statement. The opening statement is used to provide a road map of what the evidence will...
Archived
Can a civil case order for summary judgment be requested for reconsideration or revocation under California CCP Section 1008?
Frank's answer
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Answered on June 18, 2018
Yes, a motion for reconsideration pursuant to CCP 1008 could be filed, but the motion must demonstrate "new or different facts, circumstances, or...
Archived
Do I have to serve all Defendants Before Filing A Motion to Consolidate?
Frank's answer
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Answered on June 18, 2018
No, but the two actions must first be deemed related (by you filing a Notice of Related Case in each action). However, if you are the plaintiff in...
Archived
Can I subpoena someone as a witness during trial if this person used to be a defendant who filed BK and got discharged?
Frank's answer
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Answered on June 18, 2018
Yes, you can subpoena the person who obtained a bankruptcy discharge to testify in a deposition and/or at trial.
Archived
When form interrogs are served on defendant being sued individually and as director, does the distinction need to be made?
Frank's answer
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Answered on June 18, 2018
The defendant would still have to respond. For some of the form interrogatories, the responding party might be able to object on the grounds that...
Archived
Can you amend a Complaint before serving it?
Frank's answer
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Answered on June 18, 2018
Before you serve the other 3 defendants, ask the defendant who already answered the original complaint to stipulate to allow you leave to file a...
Archived
Was I served improperly ?
Frank's answer
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Answered on June 17, 2018
Service of process would be improper if no one opened the door, and if a duplicate set of the summons and complaint were not also mailed to the...
Archived
Defendant filing a demurrer on a case they don't acknowledge proper service.
Frank's answer
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Answered on June 17, 2018
Filing a demurrer to your complaint constitutes a general appearance, which means the defendant waives any objection to proper service.
Being sued in an unlimited civil where I already have an arbitration agreement, do I file a motion to change venue OR transfer?
Frank's answer
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Answered on June 17, 2018
How you need to respond in Los Angeles depends upon the nature of the lawsuit in Los Angeles as well as the parties. Are the plaintiffs the same? ...
Archived
Complaints about board member?
Frank's answer
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Answered on June 15, 2018
What is your question? Many HOA boards have annoying board members. If after repeated warnings a director persists in behaving badly, the HOA...
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