Archived
Can someone tell me what the legal language says below? I'm not sure what the history on the court site is saying. Thanks.
Frank's answer
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Answered on September 20, 2017
This appears to be a collection lawsuit. The plaintiff filed a discovery motion called a motion to deem requests for admissions admitted, which...
Can I the 'landlord' modify the date to the 5 day notice to vacate left by Los Angeles Sheriff.
Frank's answer
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Answered on September 20, 2017
No, you cannot modify the date unilaterally. However, you can contact the Sheriff's Department with the contact information on the letter you (or...
Is leave of court required to file an amended motion in California?
Frank's answer
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Answered on September 20, 2017
No, leave of court is not required to file an amended motion. Since the amended motion was served before the 16 court day deadline, I suggest you...
I had a superior court veterinary malpractice case moved to small claims. Do same evidence rules apply?
Frank's answer
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Answered on September 20, 2017
No, the same rules of evidence do not apply in small claims court. The rules of evidence are much more lax in small claims court, and there is no...
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Can I go to small claims court to get my earnest money back from builder?
Frank's answer
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Answered on September 20, 2017
No. If you file a small claims court lawsuit, the builder can file a motion to compel arbitration pursuant to the purchase agreement provision. A...
Archived
Case management conference in civil case
Frank's answer
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Answered on September 20, 2017
You should look at the minute order for Monday's CMC. If the sanction for failure to appear was ordered payable to the court, you make payment to...
Archived
Can I vacate and re-submit a Motion For Summary Judgment I submitted?
Frank's answer
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Answered on September 20, 2017
Yes, you can take the motion for summary judgment off calendar and then re-notice, re-file and re-serve a new motion for summary judgment.
Archived
Defendant won't plead a defense he wants to raise at trial?
Frank's answer
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Answered on September 19, 2017
You might be able to bring a motion in limine to exclude evidence relating to the unpled affirmative defense. In California superior court, you...
Selected as the best answer
Archived
Can members of an LLC be held personally responsible for breaking a commercial lease?
Frank's answer
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Answered on September 19, 2017
Yes, there is certainly that possibility. First, most landlords will most probably require a personal guarantee, so you could be held individually...
Archived
What happens if I am getting sued in a civil court and they can't find me to serve me can I still get sued?
Frank's answer
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Answered on September 19, 2017
Yes, sure. You have already been sued. The plaintiff in the civil lawsuit will have to utilize all reasonable efforts to locate and serve you. ...
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