Archived
Abiding by rule 4 and 5 can a summons and complaint be served without a notice of acknowledgement and reciept?
Frank's answer
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Answered on May 05, 2018
A Notice and Acknowledgment of Receipt is usually not served with the Summons and Complaint. It seems you are confusing the federal rules (Federal...
Archived
Do I need to file a complaint if I plan to sue the CHP?
Frank's answer
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Answered on May 05, 2018
Generally speaking, if your claim seeks money or damages against a governmental entity, you must file a written claim under the Government Claims...
Archived
Do I have to submit a case management statement even after my ex attorney gave me a check?
Frank's answer
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Answered on May 05, 2018
Yes, you (or your new attorney if you find one) must file a Case Management Statement 15 days prior to the Case Management Conference.
Archived
I am filing an Opposition to Demurrer to Complaint for Quiet Title, Conversion & Fraud
Frank's answer
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Answered on May 05, 2018
Probably should not. The court in ruling on a demurrer cannot consider any extrinsic evidence, other than evidence to which the court can take...
Archived
What are the options on serving a summons and complaint by mail?
Frank's answer
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Answered on May 05, 2018
If the defendant resides within the State of California, you can send the Summons and Complaint by mail with two signed Notice of Acknowledgment of...
I am the Plaintiff and Defendants filed a CCP 391.6 asking me for security of $50K and made a request for jud notice? what?
Frank's answer
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Answered on May 05, 2018
The defendant's attorney is basically correct. It is not their delay tactic. When a motion pursuant to Code of Civil Procedure section 391.1 to...
Archived
Opp to Motions are filed 9 biz days before hearing. Is there an alternative to overnight mail?.
Frank's answer
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Answered on May 04, 2018
Oppositions to motions must be served and filed nine COURT (not business) days before the hearing date. Pursuant to California Code of Civil...
Archived
The defendant in small claims court (California) postponed court date. How, without my (plaintiff) consent?
Frank's answer
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Answered on May 04, 2018
Usually, the small claims court will permit one trial continuance for a small claims case if a party files a Request to Postpone Trial (Small...
What form is use to set aside a default civil judgment. SC135 is small claims. What's civil?
Frank's answer
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Answered on May 04, 2018
There is no Judicial Council form for limited/unlimited superior court cases. You must specially prepare a Notice of Motion and Motion, Memorandum...
Archived
Can I file a Motion to Compel Responses to Interrogatories if the other side did not answer any and just objected to ALL?
Frank's answer
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Answered on May 04, 2018
No, you cannot. Since you received objections, you would be filing a motion to compel further responses, not a motion to compel responses. ...
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