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I filed a complaint. The party demurred. I got leave to amend and added new causes of action & filed the complaint - can i undo?
John's answer
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Answered on February 25, 2014
Don't take the other party's word for it. Let them demurrer again (or move to strike), oppose that motion, and if they are right, then ask the...
Archived
What should I do to get the mechanic to pay for the repairs and avoid small claims court?
John's answer
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Answered on February 25, 2014
There is nothing you can do to "make" them settle. You can draft a settlement demand and give it to them, but they don't have to accept it. You...
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How should I present evidence against my landlord, represented by a property management company in CA small claims court?
John's answer
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Answered on February 25, 2014
There are specific rules that landlords in California must follow regarding security deposits. They are found in the Code of Civil Procedure...
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A corporation owned by one person owes me $9,500 in unpaid commissions. How should I sue them in
small claims court?
John's answer
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Answered on February 25, 2014
Sue the corporation and do it quickly. Make sure you serve the lawsuit on the agent for service of process listed with the secretary of state (it...
Archived
I show in CA that the statute of limitation is Breach of a written contract: Four years from the date the contract was broken
John's answer
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Answered on February 25, 2014
The lawsuit must be filed within 4 years. As long as it is filed before the statute runs (in this case 1/29/14) then it can be served later. If you...
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I sent out a deposition subpoena last week and I just realized that I stated the time without a.m. or p.m. Can that be fixed?
John's answer
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Answered on February 25, 2014
I would just draft an amended notice of deposition stating the correct time and serve it on all parties and the deponent via US mail. Its pretty...
Archived
Can you settle out of court even after landlord tenant restitution trial and the landlord won the trail?
John's answer
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Answered on February 25, 2014
You can settle at any time. To fully protect yourself, you will want a settlement agreement, release of all claims and dismissal of action, with...
Archived
For trial, how do I introduce exhibits? I have documents that I want to introduce at trial.
John's answer
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Answered on February 23, 2014
If this is for a small claims case, then make 3 copies of each exhibit, one for the judge, one for the other party and one for yourself. You...
Archived
Hearsay Problem exists: I have an old bill I want to introduce as evidence. The other party wont admit its genuineness.
John's answer
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Answered on February 23, 2014
To get an old bill" into evidence and around the hearsay rule, see the business records exception. (EC 1270-1272 - link below) However, you will...
Archived
Tenant didn't pay rent in full. Already moved out. Need advise regarding small claim?
John's answer
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Answered on February 23, 2014
You have the right idea for trying to find and serve them yourself. However, first you have to file your small claims lawsuit. Then, after it is...
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