Archived
Does a lawyer who disassociates herself as associate counsel need to file a motion to withdraw as counsel?
Frank's answer
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Answered on October 10, 2016
No, in California state court, if the associated counsel came into the case by filing a Notice of Association of Counsel, the same associated...
Archived
473
Frank's answer
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Answered on October 09, 2016
No, you cannot file a demurrer in response to a CCP 473 motion. The proper response is to file a written opposition to the motion at least nine...
Archived
If n attorney files a declaration with the court stating he will testify to the facts in the declaration can the opposing side
Frank's answer
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Answered on October 07, 2016
Generally speaking, yes. An attorney can be called to testify as a witness, but subject to limitations such as the attorney-client privilege. ...
When filing an action for an ADA claim, do you have to exhaust any administrative remedies?
Frank's answer
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Answered on October 04, 2016
It is unclear from your post whether your ADA claim arises from an employment context or from a construction-related accessibility context. In the...
Archived
Form interrogatories
Frank's answer
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Answered on October 04, 2016
The Code of Civil Procedure requires you to first "meet and confer" with the responding party to see if you can obtain full and complete responses....
Archived
Is it necessary to seek injunctive and declaratory relief in a civil case if there is a statute that provides another remedy?
Frank's answer
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Answered on October 04, 2016
No. Generally speaking, a plaintiff has the right to elect remedies. However, the better practice is to seek all available remedies in the...
Archived
What is the statue of limitatations for a handwritten document to pay back money within a three month period of time
Frank's answer
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Answered on October 04, 2016
Assuming the handwritten document is sufficient to constitute a written contract, the statute of limitations in California for breach of written...
Archived
If the mailing copy of the 30 days Notice have not been received but it was posted. Is this a valid service.?
Frank's answer
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Answered on September 24, 2016
No, you are correct that service of the notice that was only posted is invalid. As such, you may have a viable defense in an unlawful detainer...
Archived
Am I entitled to Relocation Assistance in accordance with LAMC 151.09.A.12?
Frank's answer
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Answered on September 24, 2016
No, unless the rental dwelling is subject to the Los Angeles Rent Stabilization Ordinance, you would not be entitled to relocation assistance. ...
Archived
Demurrer to complaint that does not designate any legal theory and does not state any facts that can support any cause of action
Frank's answer
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Answered on September 24, 2016
A complaint does not necessarily need to specifically label a cause of action in order to state facts sufficient to constitute a cause of action. ...
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