Archived
II go to court tomorrow on a trial for a eviction if I lose how many days do I have before sheriff comes to lock up?
Frank's answer
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Answered on March 10, 2018
If the landlord obtains a judgment at the trial, the landlord still has to apply for a writ of possession which could take several days for the...
Archived
How do I withdrawl a case from small claims court and file a limited civil case instead??
Frank's answer
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Answered on March 10, 2018
If you hire an attorney for the limited jurisdiction case, your lawyer will advise you of the procedure. Quite frankly, it may not be worth the...
Archived
Collections -Can they file a judgment against me, if so, when will it take effect & do I have to show up to court on 10/19/18?
Frank's answer
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Answered on March 10, 2018
If you do not file an Answer or General Denial, the plaintiff can request entry of default and seek a default judgment. A defendant normally does...
What does "writ of execution returned WHOLLY UNSATISFIED mean?"
Frank's answer
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Answered on March 10, 2018
It means the sheriff was not able to collect any money based upon the writ of execution that was issued (e.g., by wage garnishment, bank levy)....
Archived
Can i file a default judgment?
Frank's answer
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Answered on March 10, 2018
If the defendant was properly served with the summons and complaint and did not timely respond, the plaintiff can file a request for entry of...
Archived
If you filed your lawsuit in the wrong courthouse, can you request the case to be transferred? Or do you have to dismiss it and
Frank's answer
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Answered on March 10, 2018
If the statute of limitations has run, do nothing. Let the defendants make a motion to transfer, or sometimes the court will transfer on its own...
Archived
Can an answer to an unlimited Civil complaint be amended two weeks before trial?
Frank's answer
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Answered on March 10, 2018
Yes, it is possible but you would have to obtain leave of court, either by stipulation or by noticed motion (which would require you to file an ex...
Archived
What is likely to happen if a Plaintiff in an Unlimited Civil Case in Orange County fails to comply with local rule 317?
Frank's answer
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Answered on March 10, 2018
10 calendar days. The court will likely continue the trial and may also issue monetary sanctions for failure to comply. It is highly unlikely...
Archived
Can a settlement agreement be enforced after a lawsuit is dismissed?
Frank's answer
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Answered on March 10, 2018
The settlement agreement can be enforced by the judge in the same action if and only if the settlement agreement states that the court retains...
Archived
If you could not serve the defendants in a lawsuit in California by the deadline the judge extended it to,is service after void?
Frank's answer
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Answered on March 10, 2018
The service would not be void. The court should still issue an OSC Re Dismissal before dismissing the case. Just demonstrate diligence in...
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