Archived
If I amend my civil complaint a second time do I need to give defendant a copy B4 I file the Motion for Leave to Amend?
Frank's answer
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Answered on December 19, 2017
No. First of all, California law does not require a plaintiff to meet and confer before filing a motion for leave to amend a complaint. ...
Archived
Suing in small claims court?
Frank's answer
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Answered on December 15, 2017
Probably not. Res judicata, or "claim preclusion", prevents relitigation of the same cause of action in a second suit between the same parties or...
Do I file a motion to quash or demurrer?
Frank's answer
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Answered on December 15, 2017
It sounds like you are referring to an unlawful detainer (eviction) lawsuit. If you wish to challenge the service of the summons, you would file a...
Archived
What will happen if I did not meet and confer?
Frank's answer
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Answered on December 15, 2017
You are not required to meet and confer before providing discovery responses. You are only required to meet and confer before filing a motion to...
Do I have to serve a copy of discovery on all parties?
Frank's answer
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Answered on December 15, 2017
Yes, you are required to serve a copy of all discovery requests AND all discovery responses on all parties (plaintiffs and defendants), unless...
Is it illegal for a lawyer to charge a small fee just to edit/review/proofread and send a demand letter?
Frank's answer
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Answered on December 15, 2017
No, it is not illegal for an attorney to adopt a lay client's demand letter, making any necessary corrections or changes if necessary, before...
Why are attorneys so reluctant to send demand letters threatening to sue?Is it just a reputation issue among the peers?
Frank's answer
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Answered on December 15, 2017
It is not illegal to threaten to sue. I myself send demand letters on behalf of clients, and quite often, it results in payment or resolution of...
How would I remove punitive damages from a complaint?
Frank's answer
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Answered on December 13, 2017
In order to obtain a default on a complaint for personal injuries, you need to separately serve a statement of damages. You can indicate $0 on the...
Archived
Do I need to disclose my documents which I plan to use as exhibits prior to court hearing to the other party and the court?
Frank's answer
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Answered on December 12, 2017
Yes, assuming you are referring to a limited jurisdiction trial in Los Angeles Superior Court (Dept. 77) which is NOT an unlawful detainer case. ...
Do i have to attend to a deposition if my old workplace is being sued?
Frank's answer
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Answered on December 12, 2017
Yes, if you have been served with a subpoena to testify at a deposition, you must appear. You are entitled to a witness fee of $35 per day plus...
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