Does the Superior Court of California and the defendant notify the plaintiff when the defendant has responded after being serve?
Frank's answer
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Answered on October 03, 2017
No, the court does not notify the plaintiff, nor does the plaintiff have to research the court records. The defendant is required to serve a copy...
We have not been able to serve the defendants on a small claim case and now we have the trial coming up, can we ask the judge?
Frank's answer
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Answered on October 03, 2017
You can request a postponement of the small claims trial in order to allow you additional time to serve the defendants by filing a Request to...
If the statute of limitation to file a motion falls on a weekend or holiday, do you have until the next business day? or before
Frank's answer
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Answered on October 03, 2017
If you are referring to a deadline to file a motion, you get the first court day following the weekend or holiday to file the motion. See...
What are all the differences between a motion and an application? and is an application always made ex parte?
Frank's answer
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Answered on October 03, 2017
Yes, there are many differences. Generally speaking, California Rules of Court, Rules 3.1200-3.1207 deal with ex parte applications whereas...
Archived
What should I do with fraud ADA lawsuit?
Frank's answer
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Answered on October 03, 2017
It is not clear whether the case was filed in small claims court or in limited jurisdiction superior court. If in small claims court, the...
If my landlord took longer than 21 days to return my security deposit, am I entitled to the full amount?
Frank's answer
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Answered on October 03, 2017
If you do not receive your security deposit back within 21 days after you moved out, you can file your small claims lawsuit. Under California Civil...
Archived
I live in San Jose, CA. What is the most I could be charge breaking a 12 month rental agreement?
Frank's answer
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Answered on October 03, 2017
The most you could be liable to pay is the remaining seven month's rent, plus the landlord's attorney's fees and costs, if you unilaterally...
Archived
Can I sue for a recent layoff ?
Frank's answer
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Answered on October 03, 2017
You will not likely win anything if you sue. Unless you have a written employment contract, your employment is "at will" and can be terminated at...
Archived
Should I hire an Attorney for a car accident with injury?
Frank's answer
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Answered on October 03, 2017
Yes, if you sustained personal injuries, you will get a much better result if you hired an attorney, especially if you are still treating. Your...
Archived
I helped my mother to file for a small claim because she is 72 and not doing well at all...
Frank's answer
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Answered on October 03, 2017
No, you cannot appear at trial on her behalf. She needs to appear if she is the plaintiff. However, she can call you as a witness. Here, however,...
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