Can the laches defense be used in small claims court against the filer and what are the possible defenses?
Frank's answer
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Answered on September 08, 2017
No, not successfully. Laches is an equitable defense, it is ordinarily applied only to claims for equitable relief (such as injunctions), and not...
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Can I legally use very strong language in a small claims letter: i.e. irreparable damage to reputation will result?
Frank's answer
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Answered on September 08, 2017
Yes, generally speaking, it is legally permissible to use very strong language in a settlement demand letter. You do not need to specify exactly...
Archived
1) Are FACTS outside 1 year barred from complaint Facts?
2) If 2 cause of action 1 demurrable 1 not - demurrer whole complaint?
Frank's answer
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Answered on September 08, 2017
No, it is permissible for a plaintiff to allege facts outside the statute of limitations (but the allegations might be subject to a motion to...
Does filing the Meet and Confer Declaration in California count as a general appearance?
Frank's answer
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Answered on September 08, 2017
No, merely filing a meet and confer declaration to satisfy the requirements of California Code of Civil Procedure section 430.41 does not...
Archived
Can a contract be enforced by judicial estoppel?
Frank's answer
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Answered on September 08, 2017
Yes. It is legal. The doctrine of judicial estoppel precludes a party from taking inconsistent positions in separate judicial proceedings....
Does an appeal to an appellate court defer, toll, or accrue a claim for a legal injury?
Frank's answer
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Answered on September 08, 2017
No, none of the above. I'm sorry to hear you had a bad experience in court. Unfortunately, however, you cannot sue the superior court or the...
Archived
I work for a company in California, but I am planning to quit and move to other state X. Which state employment law should apply
Frank's answer
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Answered on September 07, 2017
It is not clear why you are asking this question nor what issue is at stake (e.g. a non-competition/non-solicitation agreement?). Generally...
Archived
What does dismissed with prejudice mean??
Frank's answer
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Answered on September 07, 2017
A dismissal "with prejudice" means you cannot refile the same case again. A dismissal with prejudice bars you from bringing an action on the same...
Can you explain the difference between resignation and termination ?
Frank's answer
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Answered on September 07, 2017
This makes a difference for purposes of unemployment insurance (UI) benefit eligibility. To be entitled to UI benefits, you must be out of work due...
Archived
Does the landlord has obligation to fix the ac in the building and provide rent reduction for the months without ac?
Frank's answer
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Answered on September 07, 2017
Not likely, if this is a commercial tenancy. Each of the tenants needs to read the terms of their commercial lease agreement. Unlike a...
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