Archived
What occurs in appellate court after we receive notice regarding a trial de novo? Is his counter suit against us heard again?
John's answer
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Answered on February 15, 2014
Trial de novo means the entire case is heard again, compliant and cross complaint. It is a complete do over. So yes, the Court could rule in his...
Archived
I already sent notice to opposing side for a date to exchange expert witness information. If I want to change the location
John's answer
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Answered on February 15, 2014
The exchange takes place via mail and must be served on each party. The proper address for service to a party is the address on file with the...
Archived
HOA failed to meet at ADR. I talked to their attorney via emails. I sued in small claims. They countered & asked for atty fees.
John's answer
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Answered on February 12, 2014
Yes. Civil Code Section 1354(c) states that "[i]n an action to enforce the [HOA] governing documents, the prevailing party shall be awarded...
Archived
How do i get my entire deposit back after 21 days of not hearing back from property manager?
John's answer
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Answered on February 12, 2014
You can sue in small claims court if there was any violation of Civil Code 1950.5. Take a look at that code (link below). It's a hard read (even...
Do the Federal Rules of Civil Procedure apply to a State court?
John's answer
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Answered on February 12, 2014
No. You will need to file a motion for a new trial or a motion for judgment notwithstanding the verdict (JNOV). There are strict time lines for...
Archived
In the state of California if I sue someone in small claims court for around $1,900 does it cost me money? If I win, do I have
John's answer
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Answered on February 12, 2014
You will have to pay the filing fee. For a case over 1,500 but less than or equal to $5,000, the fee is $50. If you win, the filing fee will be...
Archived
Can an principle be bounded to a contract when the agent signs without naming the principle
John's answer
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Answered on February 11, 2014
Yes, if specific elements are met establishing agency and showing the contract was made within the scope of that agency. Agency is a rather...
Archived
Adding names to replace Does
John's answer
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Answered on February 11, 2014
[This answer assumes the "subsidiaries" are separate legal entities] No, the subsidiaries are not automatically included, only the company actually...
Archived
I let my niece use my iphone3, I asked for it back(I shut service off) but it was stolen by brothers kids.
John's answer
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Answered on February 11, 2014
You would have to file a small claims law suit against your brother and prove he took it. Without solid proof (he said she said is not enough), the...
CCP 98-Subpeona Civil-Limited
John's answer
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Answered on February 10, 2014
If you have a subpoena for personal appearance issued by the clerk and you properly serve them with it, then they have to show up in person. In...
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