Archived
Lawyer fees greater than $150 reimbursable for small claims appeal (trial de novo) in Homeowner Association case?
John's answer
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Answered on February 10, 2014
There are only a couple ways to get attorney fees in California. One way is by statue. CCP 116.780(c) allows for a plaintiff who prevails on a...
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Small claims
John's answer
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Answered on February 10, 2014
No. You would have to go back to the court where your family law case is pending and bring a motion for attorney fees. The small claims court does...
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Archived
Is earnings by current spouse factor in how much needs to be paid for child support?
John's answer
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Answered on February 09, 2014
No, spousal earnings are not considered. The court uses a very specific formula. See http://www.childsup.ca.gov/Resources/CalculateChildSupport.aspx
Archived
Can an assignee judgment creditor (foreign LLC) lacking capacity in CA oppose a motion to vacate?
John's answer
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Answered on February 09, 2014
If they are a party to the action and their standing hasn't been challenged and ruled upon yet, then yes. (In the off chance you filed a motion to...
Archived
As me the defendant What is the meaning of civil code 3295 (2) The financial condition of the defendant.
John's answer
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Answered on February 09, 2014
It means you can seek a protective order for any discovery regarding financial condition for the purpose of punitive damages which would shift the...
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I filed unlimited case on 1/20/2014, but my case information never came out after I type the case number.
John's answer
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Answered on February 09, 2014
No the defendant cannot dismiss your case. Neither can the Court without an order to show cause first. Finding the right number to enter is always...
Archived
Are either of these locations considered conspicuous places for proper service of a notice?
John's answer
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Answered on February 09, 2014
Unless there is a default against you, it is pointless to fight service. Instead, focus on your next step, which is how do you plan on defending...
Archived
Can I object at another self-represented co-plaintiff's deposition?
John's answer
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Answered on February 07, 2014
There is no co-plaintiff privilege. The attorney-client privilege is only for communications made in the confidence of an attorney-client...
Archived
Can I sue my ex boyfriend for rent and monetary loss personal items as result of his infidelity?
John's answer
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Answered on February 07, 2014
Sorry that happened to you, but no, you do not have a case based on these facts.
Archived
No right to appeal in a small claim court?
O no! Why can't it be appealed ?
John's answer
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Answered on February 06, 2014
The plaintiff cannot appeal the decision, win (but not enough) or lose. The defendant may appeal in what is called a "trial de novo" in the...
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