Litigation & Discovery - What happens if someone produces answer to a discovery after the cutoff?

If you have already received responses to the request for admissions, you can no longer file a motion to deem admitted (even though you received...

Would improper service qualify as a proper defense in regards to my situation to a creditor lawsuit?

No Improper service must be raised in a motion to quash service of summons, not as a defense in an answer to the complaint. Once you file an...

I would like to make sure my understanding of a Non-solicitation clause is correct. It seems very restrictive for my consulting.

In California, post-employment non-compete agreements are automatically void as a matter of law, except for a small set of specific situations...

No, it is not. A "notice of unavailability" of counsel is sometimes helpful if any actions taken in bad faith are initiated during the period of...

Did I exercise my lease option?

No, not likely. The tenancy after the fixed term lease expired became a month to month tenancy, which can be terminated by either landlord or...

A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but...

Generally speaking, no. The California Rules of Professional Conduct, Rule 1-400, provide that solicitation shall not be made by or on behalf of a...

What are my options?

A landlord has the obligation to ensure habitable premises. However, it is unlikely the landlord will let you out of the lease due to roaches. If...

Can a party take an msj off calendar after I file the opposition and then refile a new msj without the defects I pointed out?

Generally speaking, yes. The moving party is entitled to take off calendar the moving party's motion, and would have the right to re-file the MSJ...

Do I get protected from Lay-Off as a new hire? (North California)

No, not likely. Unless you have a written employment contract, your contemplated employment is "at will" and can be terminated at any time without...