Archived
Deft demurred to entire complaint of 16 causes of action at court hearing we argued only 1 conspiracy which was overruled
Frank's answer
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Answered on March 30, 2018
If the demurrer was only to the conspiracy cause of action and not a demurrer to the other 15 causes of action, the defendant must now file an...
Archived
Are ther certain motion that must be served to all party’s including lawyer and defendants plaintiffs and plaintiffs lawyer?
Frank's answer
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Answered on March 30, 2018
In virtually all instances, motions must be served on all parties (which means if a party is represented by counsel, only to counsel). It is not...
If someone uses false evidence against you in small claims court, and you can prove it, do you automatically win your case?
Frank's answer
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Answered on March 30, 2018
No, the case is not automatically dismissed. The court will evaluate the evidence, taking into consideration the credibility of the witnesses'...
Archived
When you demurr to entire amended complaint of 16 COA don't you have to specific each one of those COA ?
Frank's answer
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Answered on March 30, 2018
Yes, that is correct. A demurrer must be to specific causes of action (even if the demurrer is to each and every one of the 16 causes of action),...
Archived
California Supreme Court
Frank's answer
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Answered on March 30, 2018
Yes. See http://www.courts.ca.gov/37423.htm and http://www.courts.ca.gov/documents/supreme_court_of_california_rules_regarding_electronic_filing.pdf
Order to show cause re: dismissal ?
Frank's answer
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Answered on March 30, 2018
Assuming that the court website is accurate, it means that the case was dismissed at the Order to Show Cause hearing. (Otherwise, if the court...
Archived
Def demurred to the amended complaint entirely filed an opposition they repleid with a demurrer to 1 cause of action and judge ?
Frank's answer
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Answered on March 30, 2018
No. Effective January 1, 2016, Code of Civil Procedure section 430.41 imposes new limits on filing demurrers. A party may demur only once on...
I received a summons citacion judicial in the mail from a credit card company. I want to settle and pay them. Who would i contac
Frank's answer
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Answered on March 28, 2018
You would contact the lawyer or law firm whose name appears on the summons and also on the first page (top left corner) of the complaint. I...
Archived
Plaintif Small Claims Trial Do Novo - Appeal Possible?
Frank's answer
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Answered on March 28, 2018
No, neither the plaintiff nor the defendant has the right to appeal a small claims trial de novo. The judgment on appeal is final.
If I am Plaintiff in Pro Per, may I contact the Defendant directly to try to settle so I can prove to court that I made effort ?
Frank's answer
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Answered on March 28, 2018
Yes, it is legal. You may contact the defendant directly. Only attorneys may not contact a party who is represented by counsel without the party's...
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