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Questions Answered by Margaret Ann Sedy
2 Answers | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Can defense file A demurrer-1 Cross-Complaint-2 & 3-Mot/to strike alltogether? Can an Answer to-1, Moot2&3 if overruled?

1. Upon providing an Answer in opposition to a Demurrer to an Unamended Complaint - What is the Defendant time limit if any to respond?

Here:

2. Of methods used by a Civil Defendant to provide a response to an Action: A). By way of Motions Papers to Demur. B). Strike the Complaint... View More

Margaret Ann Sedy
Margaret Ann Sedy
answered on Dec 20, 2023

You can Demurrer and file a Motion to Strike at the same time. I would wait until the Demurrer and MTS are heard and ruled on before filing the Cross-X, because you don't file an Answer until the issues raised in your demurrer and MTS are resolved; if you don't know is "at... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: A situation happened CPS got involved and my mother. They told my mother to fill out guardianship papers.

She has until Monday to fill out these paperwork of guardianship but cps has not even got a hold of me the mother of the child . I NEED TO KNOW WHATS THE BEST THING TO DO IN THIS SITUATION SO MY SON GETS TO STAY IN THE HOME AND NOT BE REMOVED should I get a lawyer for this ?

Margaret Ann Sedy
Margaret Ann Sedy
answered on Dec 20, 2023

Where were you is the main question. Why weren't you with your child? Were you incarcerated, in a rehab or institution, or you went "back out" again? For CPS to show up and advise grandma to file for guardianship is irregular, unless you have a history with CPS and the other things... View More

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4 Answers | Asked in Contracts and Personal Injury for California on
Q: Is contingency fee unconstitutional? And does it promote discrimination?

I keep reading these claims that "without contingency fees, most people would not be able to access the legal system. This would tip the scales of justice in favor of those with money." But what if I did have the money to afford a lawyer, I guess that would make it easier, youd think. But... View More

Margaret Ann Sedy
Margaret Ann Sedy
answered on Dec 20, 2023

I know a ton of attorneys that take PI cases when the policy limits are only $15k. So on a case where the max you can get is $15k, would you rather have the attorney take it on continency, or pay $300+ per hour, w/o any guarantee you will get the 13k, plus you have to pay for all costs if you file... View More

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1 Answer | Asked in Civil Rights for California on
Q: Good afternoon, my inquiry reference a CALIFORNIA civil court case, what proof of service form is required?
Margaret Ann Sedy
Margaret Ann Sedy
answered on Apr 12, 2021

For a Summons & Complaint, the Judicial Council Form POS-010 is required, which can be found here: https://dev.greenfiling.com/cadoc/data/CA-forms-unlocked/pos010.pdf

Note, that if an entity was served via substituted service, the process server must almost complete a Declaration of...
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