Can I mention to the jury during opening statement that the Defendant was smirking and laughing during one of the depositions?
Frank's answer
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Answered on July 30, 2018
No, you should not. Opening statements are not supposed to be used for argument, but rather for laying a road map for the jury as to what the...
Can I amend a Motion to Compel by changing the name of the person that I'm seeking sanctions from?
Frank's answer
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Answered on July 30, 2018
Generally speaking, no. You must give the person against whom you are seeking sanctions sufficient (statutory) time to file an opposition to your...
Must a motion in limine to preclude all evidence that was not produced in discovery be ruled upon ?
Frank's answer
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Answered on July 30, 2018
It does not, especially if you had a bench trial and not a jury trial. The motion in limine you describe is very commonly brought in civil jury...
What form do I use to anwser a limited civil case in Sacramento Superior Court?
Frank's answer
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Answered on July 30, 2018
For most limited jurisdiction civil cases (with very limited exceptions such as when the complaint is verified), you can file a General Denial: ...
Archived
What to do as the plaintiff when defendants motion to set aside default is granted?
Frank's answer
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Answered on July 29, 2018
As the plaintiff, it is your obligation to file each proof of service of summons for each defendant that has been served as required under...
Archived
I went to hearing on April and settle the same day, but today after few months of closing I received a msc headlining why if I
Frank's answer
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Answered on July 29, 2018
If the nature of the April hearing was merely a status conference, case management conference or motion hearing, and you settled out of court...
Archived
What happens if a civil complaint was not signed...?
Frank's answer
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Answered on July 29, 2018
Pursuant to California Rules of Court, Rule 2.257(b), if a document does not require a signature under penalty of perjury, the document is deemed...
Archived
I received a $2M judgement in 2007 after being struck by a car. Is is possible to renew the judgement? I am in California.
Frank's answer
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Answered on July 29, 2018
No, it is too late. In California, an enforceable judgment may be renewed for a period of 10 years if the renewal is filed BEFORE expiration of...
Archived
Should I wait for them to file a motion for relief from waiver, or file my motion to compel first?
Frank's answer
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Answered on July 29, 2018
They may never file the motion for relief from waiver, so you should proceed with your motion to compel responses to the demand for production of...
Archived
Statue of limitations in CA for CC starts on the day of last payment or on the day of missing payment, or whichever is later?
Frank's answer
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Answered on July 28, 2018
In California, the statute of limitations for breach of written contract is four years from breach or date of last payment, whichever is later. ...
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