My small claims award was appealed, what should I expect in a trial de novo, will new evidence be admissible?
Frank's answer
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Answered on September 24, 2018
In California, all small claims appeals are de novo trials. The appeal in small claims is a "trial de novo", which means that a new judge hears all...
Archived
Deposition-and upcoming jury trial--employee/witness--mtn to quash
Frank's answer
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Answered on September 24, 2018
It is not a conflict of witness. If you are the person most knowledgeable about the billing for the attorney's law practice, you are considered a...
Archived
Setting a Time Frame
Frank's answer
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Answered on September 24, 2018
Yes, especially if there is an imminent statute of limitations bar.
Archived
What is the law on having an apartment manager on site for a property with 26units?
Frank's answer
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Answered on September 23, 2018
California Code of Regulations, Title 25, section 42, requires property owners of apartment buildings with 16 or more units to have on-site...
Archived
Demurrer and Amending Complaint
Frank's answer
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Answered on September 23, 2018
The prarty filing the demurrer normally takes the demurrer off calendar when an amended complaint is filed, but if not, the court will most likely...
Can the Deposition of a doctor occur AFTER the Discovery cutoff date?
Frank's answer
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Answered on September 23, 2018
Yes, the doctor's deposition can be taken beyond the discovery cut-off, either by stipulation, by court order, or because the doctor was a...
Archived
Does your lawyer bear any responsibility when advises you not take an offer and you go to trial and get nothing, $0?
Frank's answer
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Answered on September 23, 2018
It is possible, depending upon the facts and circumstances. As Attorney Pedersen indicates, you would have to prove that you would have won the...
Archived
Can i have a small claims case reinstated that was dismissed w/o prejudice?
Frank's answer
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Answered on September 23, 2018
Yes, it is possible to seek reinstatement of the dismissed case by making a motion using this...
Archived
How do I consolidate three cases?
Frank's answer
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Answered on September 22, 2018
You first file a Notice of Related Case in each of the three actions. If the court deems all three cases to be related, you then file a noticed...
Archived
Can I demurr an amended complaint if I answered the original complaint?
Frank's answer
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Answered on September 22, 2018
Yes, but you need to meet and confer regarding the amended complaint before you can file a demurrer to the amended complaint. See...
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