Your "Related Details" raise a myriad questions, the first of which, is when did all this happen? Assuming the Statute of Limitations has not run, and your facts are reasonably accurate, and the Attorney could have actually prevented the eviction, but for his negligence; you certainly... View More

Typically, the Arbitration clause itself describes the terms of the Arbitration, however, whether it does or not, the parties can agree on any terms they want, including waiving the Arbitration Clause altogether.

Personally, especially, in Legal Malpractice cases, I despise Arbitrations.... View More

The difference between Family Court and Civil Court, has little to do with biology. Family Court deals with family issues such as divorce, custody and support issues. Civil Court deals with most other issues, other than criminal and probate. For example, if your brother, mother, or even your... View More

Information is very limited, but if you were entitled to a jury trial on the first go around, I can think of no reason why you wouldn't be entitled to a jury trial, after being granted a new trial.

Ken Sisco

714 265-7766

I agree. One has nothing to do with the other.

In a word, "Yes," but it is not automatic. You must timely file a Motion to Quash Service, or a Motion to Set Aside the Judgment, in order to convince the Court that you were not properly served, and did not know you were sued.

In California State Courts, it is not a serious problem at all. In Federal Court it is a little more problematical, but it is certainly not fatal. Assuming you are in State Court, just go ahead and file your POS, and proceed with your case. At first the State Court will ignore your tardiness.... View More

The flippant, snarky, and downright rude (apologies) answer is, "Yes, it is called a 'Request for dismissal of your case,' or if you are the Defendant, it is called 'Withdrawal of Answer to Complaint.' If you want to litigate your case, and go to trial, then you must... View More

I agree with Mr. Selik's answer, as far as it goes. However, your question is far to sparce and lacking in detail and context, to provide a meaningful answer. I am available for a free consultation, over the weekend, at 714 265-7766.

I assume you are the Plaintiff, representing yourself. The title of your filing will be "Memorandum of Points and Authorities in Opposition to Demurrer." It is not required, but the Demurring Party may file a "Reply to Opposition," five Court days before the hearing. Good luck.

The basic Statute of Limitations for bringing suit against an attorney, is one year from the point you knew, or should have known, that the malpractice occurred. But, you have stated facts that make the issue more complicated and could extend the statute, and/or raise other actionable causes of... View More

Employees have nothing to do with the California Minimum Tax. If you are an entity, LLC, Corp., LP, etc., that has applied for, and obtained qualification to do business in California, you are required to pay the Minimum tax of $800 per year, whether you have any employees or not, in California or... View More

The Courts have a great deal of discretion in this area. Usually a Judge will want a showing of excusable neglect, but two principles are at the top of the list of priorities.

1. Everyone should have his day in court.

2. Issues should be tried on the merits, not on the basis of... View More

If you do what they are proposing, that will be giving them absolute control over YOUR business. It will be like two wolves and a lamb voting on "What's for lunch?" You own 60% of the company; you have the most to gain and to lose. If they want an equal voice, they should purchase... View More

Here is a link to the Rules of Professional Conduct, via the California State Bar.

http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct

Good Luck.

Ken Sisco

Unless there is a privilege involved, they can ask you any question seeking information relevant to the lawsuit, or that could lead to relevant information. Moreover, they could issue non-party subpoenas to obtain testimony and documents from the business, so long as they are seeking relevant... View More

There are too many variables and unknowns to give you a conclusive and complete answer, but we can move towards one. An abstract of Judgment is supposed to accurately reflect the terms of the Original Judgment. Accordingly, your first task is to compare the Abstract to the Judgment. If your... View More

If for some reason the Complaint must be verified, or you choose to make it verified, the verification MUST be attached, for it to be verified. In most cases, the Complaint is not verified and the point does not come up.

The problem of a "In Pro Se" party, comes into play, when... View More

You are premature in looking at a legal malpractice lawsuit. As with almost all civil litigation, you must prove damages in order to prevail. At this point, from the facts stated, you have no damages. All you have is a demand from your former spouse's attorney that your prenup will not... View More

There are property rights that can be gained through the concept of "Adverse Possession," but these rights take years, not months. I don't see how the management company can force you to move out of a motorhome that you own, but without a lease, it can certainly force you to move the motorhome.