Archived
I am the plaintiff in a civil case, what is included in a case management statement or do I just file the form as it is?
Frank's answer
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Answered on October 15, 2015
Typically in state superior court (unlike federal court which requires joint statements), each side files his/her/their own Case Management...
Archived
I can't find 1of the defendants to my case if they all have the same lawyer do I need to serve that 1 defendant ?
Frank's answer
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Answered on October 15, 2015
Yes, you still need to serve that defendant UNLESS the attorney representing all of the other defendants agrees to accept service on behalf of that...
Archived
What is the timeframe to file to Set Aside and Vacate a civil unlimited entry of judgment?
Frank's answer
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Answered on October 15, 2015
There is no such thing as setting aside a judgment, only setting aside a default. You can make a motion to vacate a judgment, but your post...
Archived
I signed an insurance release form to my attorney but will only get $5,000 from it. Does that sound right?
Frank's answer
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Answered on October 15, 2015
Yes, that sounds about right. To ascertain the precisely how much you should be receiving, one would need to review the attorney-client fee...
Archived
30 days time frame on FL 110 for divorce in CA
Frank's answer
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Answered on October 15, 2015
No, your 30 days are yet not up. The 30 days to respond begins from the date you were served with the summons.
Archived
May I get out of a lease if landlord has been negligent?
Frank's answer
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Answered on October 14, 2015
Generally speaking, it is not that easy for a tenant to get out of a lease. Although the landlord has a legal duty to ensure habitability, a...
Archived
I won my small claims case, but the amount awarded is wrong.
Frank's answer
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Answered on October 14, 2015
No, this does not appear to be a clerical error. If you had the opportunity to present evidence regarding the amount in escrow, presumably the...
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Archived
CA Central District Court joint binders Motion for Summary Judgment
Frank's answer
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Answered on October 14, 2015
You need to file the motion for summary judgment within the deadline imposed by the court, and it does not appear you have other options.
Archived
Did not get paid the full paycheck after giving my two weeks notice
Frank's answer
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Answered on October 14, 2015
You have three choices. One would be to hire an employment attorney to recover your unpaid wages and waiting time penalties. Two would be to make...
Archived
Can my landlord nullify ca civil code 1950.5 in the lease agreement?
Frank's answer
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Answered on October 14, 2015
No, a landlord cannot change the requirements of CA Civil Code section 1950.5 in a lease agreement. In fact, according to the California Supreme...
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