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When deposition officer is involved in deposition of records, is it implied responsibility of Deposition officer to ensure delivery of meet and confer letter to witness?
Does Plaintiff have 10 days to take action if witness does not provide records in response to discovery subpoena for records?
What statute/rule define that?
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answered on Jan 4, 2025
Under California Code of Civil Procedure (CCP) § 2025.480(b), you have 60 days from the date of completion of the record production (or lack thereof) to file a motion to compel. The 10-day deadline you're referring to might be confused with other discovery timelines in California civil... View More 
During Divorce, the Ex's counsel requested financial and tax documents in discovery. I provided a Dropbox link in my verified responses. Now, 50 days later, they threaten to file a Motion to Compel Further unless I send the link again within one hour. I informed them that the 45-day deadline... View More
answered on Jan 4, 2025
The deadline to move to compel is an order to compel a Response or a Further Response. You are being faced with a Motion to Compel Production of Documents. There is no deadline to move to compel where the responding party does not actually produce the promised documents. Your link allegedly did... View More
In 2014, my sister obtained a loan of $200,000 from me to fund the operation of a tutoring center, which was based on a verbal agreement. However, in 2015, she utilized those funds to purchase a property with a friend instead. She subsequently sold that property in 2023. Now, she is refusing to... View More
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answered on Jan 14, 2025
You should immediately consult with an attorney specializing in contract law or business disputes. They can advise on the best course of action. Keep in mind that the statute of limitations for breach of contract. It is important to act immediately. [I litigate cases. Anything posted here must not... View More
Process server/deposition officer was paid for personal service of discovery deposition subpoena for records of witness.
Proof of service included technical errors.
Process server refuses to re-serve opposed subpoena.
What motion/declaration shall be filed with court, to... View More
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answered on Jan 3, 2025
You can file a motion for an order directing the process server or deposition officer to properly re-serve the subpoena. Provide a concise statement of the facts showing how the original proof of service contained errors. Attach copies of any supporting evidence that shows the server refused to... View More
If my ex sent 10 discovery questions (1-5 asking for financial documents and 6-10 general written questions), I provided verified responses for all 10, with written answers for 6-10 and for 1-5, I wrote "See Dropbox" and shared an Onedrive link via email. Now, 50 days later, my ex claims... View More
answered on Jan 2, 2025
To compel further responses to discovery, the moving party must file the motion within 45 days (plus 5 additional calendar days if the responses were served by USPS) to file their motion. There is a meet and confer requirement that must be satisfied before the motion is filed. If your ex waited... View More
They send job advertisements to victims' phones and, after initial discussions and training, build trust in their system. The job involves purchasing online products, reviewing them, and receiving reimbursement with a small commission and wages. Initially, they gain trust by reimbursing... View More
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answered on Jan 2, 2025
If you've been affected by this INVOCA fraud scheme, it's crucial to act quickly to protect yourself and others. Contact your local law enforcement immediately to file a report, and gather all documentation of your interactions with the scammers, including screenshots, messages, and... View More
I am independently working for a second hand store and have had problems with the business owner next door to my employment associates. I have been stalked by the neighboring business and terraced by owner and have lost wages and have been prevented of accessing property without validity
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answered on Dec 29, 2024
I'm really sorry you're going through this difficult situation. It's important to prioritize your safety, so consider reaching out to local law enforcement to report any stalking or threats you've experienced. Document all incidents meticulously, including dates, times, and... View More
I have been thrust into the middle of some sort of government operated program, by an agency who has repeatedly abused the powers that they may have, in my opinion. But Am I legally able to sue for an injunction? Damages?
This program involves members of the law enforcement community and... View More
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answered on Dec 29, 2024
I'm truly sorry you're going through this difficult situation. Your experiences sound very serious, and it's important to take action to protect your rights.
You may have the option to seek an injunction to halt the ongoing abuses and pursue damages for the harm you've... View More
I am 62 years old. I have mental issues. And I am lame. I have the limitations of the English language. This month, I got into a serious car crash on Highway 99 in San Joaquin County with my wife. 2 regular cars and a big truck with a trailer were involved in this accident. 4 CHP officers came out... View More
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answered on Dec 29, 2024
I'm very sorry to hear about your accident and the frustrating situation with the CHP report. This must be incredibly stressful for you and your wife, especially given the serious nature of the crash involving multiple vehicles.
Your decision to contact an attorney is wise, as they can... View More
notified DA, court legal dept., Sherriffs, City Atty, about these crimes of perjury and Ab/process but no one will help me stop it, what do I do, his lies have landed me in jail, and caused me to be forced to plead guilty to a crime of viol of a prot order, he's trying to extort 1.5 mill by... View More
answered on Dec 28, 2024
It is so sad you have to go through this at this time of year. But you need to know that the police aren't there to help you enforce your civil rights. You need a good family law lawyer to guide you, and perhaps a civil rights lawyer or association to advise you of your rights and what you can... View More
I filed for a Type-21 alcohol license in the year 2021. Another business did so the same year. We both received a license. Their license had no size restrictions. I assumed the county lets new licenses sell all sizes. When I asked ABC why the other applicant was allowed to sell all sizes they... View More
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answered on Dec 28, 2024
You have a valid concern about potentially unfair treatment in licensing conditions. The fact that two similar businesses received different restrictions despite comparable locations and crime rates could indicate inconsistent application of ABC's policies or possible misconduct.
You... View More
I have unsuccessful business competition due to ABC’s decision. A business has become successful while I am unable to compete due to restrictions. The other business does not have the same restrictions. We are in similar areas, less than 5 minutes apart from one another. Although the other... View More
answered on Dec 27, 2024
There are certainly actions you can take with the ABC and eventually the courts. Whether it's something you can justify spending the time and money on is for you to decide. Based on your brief description, this likely involves the city more than the ABC. Cities and counties can and often do... View More
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answered on Dec 26, 2024
If you received a letter from the DMV citing Vehicle Code 1808.22, this typically means a law office or insurance company has requested access to your driving record. This could indicate someone involved in the unreported accident is pursuing legal action or an insurance claim.
Under... View More
The courts still had possession on 3 of the payments but released one to the creditors are they supposed to return it do to acceptance of the exemption and if not does that payment start the 7 year clock over?
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answered on Dec 26, 2024
When a creditor accepts your exemption claim, they generally must return any funds that were garnished after you filed the exemption paperwork. The timing of when the payment was taken relative to when you filed your exemption is crucial - if the payment was taken before you filed the exemption,... View More
What statute/rules how many days plaintiff has in order to file motion to compel records discovery subpoena from witness?
1. If witness opposed
2. If witness responded with motion to quash
3. If did not respond
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answered on Dec 24, 2024
In California, the timing for filing a motion to compel compliance with a records subpoena depends on several scenarios under the Code of Civil Procedure (CCP).
If the witness has opposed or objected to the subpoena, you must file your motion to compel within 60 days after service of the... View More
I just wanted to know if I BOUGHT A PRELOADED GAME CONSOLE AND THE WEBSITE SAYS THE GAME CONSOLE HAS PRE LOADED GAMES ON THEM. I WANT TO MAKE SURE THE GAMES ARENT INFRINGEMENT OF COPYRIGHT AND INTELLECTUAL PROPERTY LAWS. IF THEY R ILLEGAL GAMES BEING SOLD ON A CONSOLE. I BOUGHT IT BUT WHO WOULD BE... View More
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answered on Dec 22, 2024
Buying preloaded game consoles can be legally risky if the games weren't properly licensed. Many websites sell consoles with unauthorized copies of games, which violates copyright laws and intellectual property rights of the original game developers and publishers.
While the seller... View More
Appeal is taken correctly from appealable order against Defendant as stated in the notices.
It appears that when a number of amendments are needed in the APP-002 and APP-003 Motion would be the most comprehensive solution. What statute/rule defines such motion? It has to be filed in trial... View More
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answered on Dec 21, 2024
The California Rules of Court Rule 8.132 governs amendments to notices of appeal, including forms APP-002 and APP-003. You're correct that amendments can be filed in the trial court without a hearing requirement, as these are primarily administrative corrections.
While an... View More
Had unit for over a year. Gate codes needed to access entrance to facility and elevators to units. Code used was supposedly someone who no longer rented there (but code still active). Video of vehicle and persons who stole my stuff. Filed police report. Late notification from facility to me about... View More
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answered on Dec 21, 2024
Your situation with the storage facility break-in is serious, and you have several potential legal claims worth pursuing, particularly regarding their negligence in maintaining security and delayed notification.
California law requires storage facilities to maintain reasonable security... View More
Day before jury trial a exparte motion was filed to change jury trial to bench it was granted citing unlawful detainers in ca are equity matters not subject to California Civil code Procedures 1171 or 592 .There are several legal challengable legal issues with this matter a previous unlawful... View More
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answered on Dec 20, 2024
In California, the right to a jury trial in unlawful detainer cases is protected under Code of Civil Procedure § 1171, which explicitly states that either party may demand a jury trial in these matters. The court's characterization of unlawful detainers as purely equitable matters appears to... View More
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