It is unclear what you are trying to do here. It sounds like you have not filed a complaint yet since you state "can I get a motion heard in without filing a cause of action with the complaint in California." If you have not filed a Complaint, then you cannot file a motion with the Court.... View More

If you are a Kaiser member, then you have to pursue a suit against Kaiser through arbitration. You therefore cannot file a lawsuit in the superior court. You have 1 year from the date of knowledge to commence your acction (CCP 340.5).

Unfortunately, you did not provide enough details or information to give you a great answer. What is the company? What are the allegations? What are your damages?

A company admitting allegations is not really helpful. A company admitting their negligence and said negligence caused you... View More

I agree with the previous answer.

You provide no information about your injuries, your damages, the company, etc. Without this information, no one can give you a realistic response.

As previously stated, if your injuries were limited to therapy (whether PT or OT), your injuries were... View More

Pursuant to CCP 430.41, before filing a demurer, the demurring party shall (must) meet and confer in person or by telephone 5 days before the responsive pleading is due. If the parties are unable to do that, the demurring party can file a declaration which entitles them to a 30 day extension to... View More

Did you have a contract with the homeowner? You are entitled to be paid for the work performed and materials delivered to the project. Given that you are only out about $3K, this would be a small claims matter.

I believe you mean the statute of limitations. Refer to C.C.P. section 340.5. 1 year from the date of discovery, but no longer than 3 years.

I'm not sure about detailed labor information, but I see no reason why they couldn't request material receipts. To be sure look toward the contract to see the terms of the agreement.

You should review the terms of your contract. It is illegal for a contractor to request or accept money for work not yet performed or materials not delivered. If the work is as bad as you say, then you should tell the contractor that he should send you a final invoice for all of the work performed... View More

Likely not. You should consult your contract with the gym to be sure but I suspect training people there would be a violation.

I would look to the terms of your contract with the architect. It may describe what, if anything, you are entitled to as far as the work product. You may need an attorney to review the contract as well.

You can retain an expert to provide an opinion or cost estimate for the repairs and have them present those opinions or explain the estimate at a small claims hearing. I am not certain, but I doubt you can recover the experts fee in a small claims hearing.

You should refer to the terms of your lease agreement. There are likely terms in the lease agreement that allow either party the opportunity to terminate the lease without any cause with prior notice.

You should tender the matter to your insurance company. They can likely appoint an attorney to represent you. Although there is no lawsuit yet, the fact that the other side already has an attorney and they are contacting you, indicates the likelihood the other party will pursuse the matter. If you... View More

You should go to the EDD's website. They list the requirements to apply. One of the requirements is that you are unemployed through no fault of your own. Quitting your job would obviously be due to your personal decisions. You may want to consult a medical professional to see whether you... View More

It depends on the contingency fee agreement you negotiated with your attorneys. Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court.

If you lose your case, the lawyer does not receive any payment... View More

Parties to a contract can determine the state law that will govern the transaction should there be a dispute about the terms or performance of the contract. I assume your boss is in Texas, or your work transacts in Texas?

This somewhat depends on the terms of the contract. Technically, a contractor can only request a $1,000 up front or 10% of the contract upfront, whichever is lesser. A contractor can also not request money for work not performed or materials not delivered.

4 years is not that unusual for a case to drag on for civil litigation. If you have the case number, you can go to the Court's website to check the status of the case and find out where it is procedurally.

4 years is not that unusual for civil litigation to take. It is on the longer side, but not unheard of. You should contact your attorney to get a status on the case. Alternatively, if you have the case number, you can go to the Court's website and check the status yourself.