My neighbor is threatening legal action for tree leaves and frogs getting onto his property. What do I do?
Walter's answer
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Answered on June 19, 2023
There is nothing you can do to directly prevent yourself from harassing litigation other than suing for declaratory relief which would appear to...
Can a civil witness in California take the fifth
Walter's answer
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Answered on June 19, 2023
Under California law, a civil jury is generally NOT able to draw negative inferences from the exercise of the privilege against...
What is the amount of monies required to take someone to court for financial elderly abuse?
Walter's answer
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Answered on June 19, 2023
If it's only money damages that are being sought, there is no legal minimum other than $0. If it's nonmonetary relief, there generally doesn't even...
Redactions in billing records of attorney fees?
Walter's answer
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Answered on June 19, 2023
Attorneys fees brought by motion are calculated beginning with a "lodestar" which is a reasonable # of hours * reasonable hourly rate. The...
Can someone refer to you as a “(person’s name) trouble making [expletive]” in writing then throw it out into the public?
Walter's answer
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Answered on June 18, 2023
Any attorney who understands civil procedure in whatever court you would be suing in could potential handle your case. This would likely but not...
How do I prove plaintiff rep by Esq. did not appear at default prove-up hearing, on appeal, w/o transcript of oral proceeding ?
Walter's answer
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Answered on June 17, 2023
If there is no reporter's transcript, you can use an agreed statement if the other side will agree, or use a settled statement (each side can...
Would the Appeal be valid or not?
Walter's answer
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Answered on June 15, 2023
No, the pending motion for new trial stopped extending the time after 180 days from judgment. CRC 8.108(b)(1) extends the time to file the notice...
Can the state where a website is headquartered be the forum state for online defamation?
Walter's answer
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Answered on June 14, 2023
There seems to be confusion regarding a website being "headquartered" somewhere. Perhaps you are referring to where the physical server hosting a...
Appeal of denial of motion for new trial?
Walter's answer
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Answered on June 14, 2023
The denial of a motion for new trial is not an appealable order. It can be reviewed from an appeal from the final judgment. So if you have properly...
Do I have to join a case that does not involve me to vacate wrong judgement?
Walter's answer
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Answered on June 13, 2023
As a non-party in California state court, you generally can't "just submit correct verifiable information to the judge and the court" and have them...
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