Can you sue a company a second time after settling if the cause of action is different and happened after the prior settlement?
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Answered on June 11, 2015
The answer to your question will depend upon the specific terms of the settlement agreement and release in which you entered to settle the first...
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Capital gains and timing of selling our first home
Frank's answer
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Answered on June 11, 2015
Under federal tax law, for purposes of excluding the gain, you generally must have owned and lived in the property as your main home for at least 2...
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Timely matter in affirmative defense
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Answered on June 10, 2015
If this is a California Superior Court action, the defense is asserted in a general demurrer to the complaint within the time the defendant is...
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How much time does a plaintiff have to oppose a Motion for Summary Judgement ?
Frank's answer
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Answered on June 10, 2015
If you are referring to a California Superior Court case, the opposition is due 14 calendar days before the hearing. If you are referring to a...
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3 people are on title. 2 want to sell the third refuses. What do we do?
Frank's answer
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Answered on June 10, 2015
It is a bit unusual that the third party who refuses to sell conventionally is threatening a partition action unless the third party is seeking an...
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At trial, do I need to have the other party authenticate the letters they sent me?
Frank's answer
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Answered on June 08, 2015
Yes, you will need to establish a foundation before you can move for the admission of any documents as evidence. You can usually do so by...
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What's the best way to deal with my lawyer?
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Answered on June 08, 2015
If your lawyer is suing you, your lawyer's (or lawyer's attorney's) contact information appears on both the summons and complaint. Also, you can...
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Selling my house AS IS. Disclosed all info to my Agent. Dont want to make any repairs. How & when does the buyer get notified?
Frank's answer
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Answered on June 08, 2015
A sale of real property "as is" does not excuse the seller from disclosing material facts. Both you and the listing agent have a duty to disclose...
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Is non-compete agreement enforceable in Los Angeles? I am a contractor & wish to change staffing firm staying with same client
Frank's answer
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Answered on June 08, 2015
In California, non-compete agreements are automatically void as a matter of law, except for a small set of specific situations expressly authorized...
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How do I answer Unlawful Detainer when I have a lease agreement with property owner before he passed away?
Frank's answer
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Answered on June 08, 2015
While no one will be able to properly advise you on this online forum (especially without having read the lease agreement and the complaint for...
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