Your current state is Ohio
answered on Jan 10, 2024
An Ohio attorney could advise best, but your question remains open for two weeks. It could be best to print them, so that there can be a copy for yourself, the other side, and the judge. Since copies of printed text messages and emails can be regarded with suspicion as a general premise, it would... View More 
When filing a renewal motion for motion to vacate arbitration award that calls for you to ask for the same thing you did the first time, can you ask for a summary judgment instead of requesting to set a hearing, if the time for the court to set a hearing has expired?
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answered on Jan 8, 2024
When you're considering filing a renewal motion for a motion to vacate an arbitration award, it's important to understand the procedural nuances involved. Typically, a renewal motion requires you to ask for the same relief as you did in your initial motion. However, the possibility of... View More
Generally speaking ... the CCP 2030.210 does not inform the type of objection that can be used? The interrogatories I submitted came back requesting an amendment for the objections the preparer stating no objections are permitted in interrogatories.
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answered on Jan 7, 2024
Under California law, objections to interrogatories can be based on various grounds, such as relevance, privilege, or being overly burdensome. When crafting your objections, it's important to be specific and clear about the reason for each objection.
For instance, if a question is not... View More
Divorce is in California a 50/50 state. The issues are all financial. No kids. I can provide factual grounds but I don't feel like I can interpret the family law codes accurately and Im afraid my ex's attorney will trap me (for lack of a better word) for using an incorrect code. Can I... View More
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answered on Jan 7, 2024
In navigating a divorce settlement in California, it's important to understand that the state generally follows community property principles, which means that assets and debts acquired during the marriage are typically divided equally. However, this does not automatically imply a strict 50/50... View More
Divorce is in California a 50/50 state. The issues are all financial. No kids. I can provide factual grounds but I don't feel like I can interpret the family law codes accurately and Im afraid my ex's attorney will trap me (for lack of a better word) for using an incorrect code. Can I... View More
answered on Jan 8, 2024
You ex has an attorney. So should you. "California is a 50/50 state" is not a correct statement of the law and the fact that California is a community property state won't necessarily explain how the assets and debts should be divided. A factual ground for why something may or may... View More
I need serious help. at this point. my lawyer for medical malpractice arbitration has not been honest with me, he did count on me to know that theirs The arbitration process is designed to be faster than the court system. The average length of a Kaiser Permanente arbitration case was roughly 14... View More
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answered on Jan 5, 2024
I'm sorry to hear about the challenges you've faced with your attorney during this arbitration process. It's important to understand that arbitration, while generally faster than court proceedings, can sometimes be prolonged due to various factors, including attorney availability and... View More
I am being sued by a junk debt buyer in commons plea court in South Carolina. I plan on filing an answer to the summons. When should I file a motion to compel arbitration? Should I put it in my answer? Or file just the motion in place of the answer?
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answered on Jan 3, 2024
In South Carolina, when you're faced with a lawsuit by a junk debt buyer and you believe arbitration is the correct venue for the dispute, the timing of filing a motion to compel arbitration is crucial. Typically, this motion should be filed early in the case, ideally at the same time as or... View More
Total loss is about 100k would like to sue the hospit8⁶ÿal
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answered on Jan 1, 2024
In your situation, where valuable personal items like a Rolex and an engagement ring were allegedly stolen from your backpack at a hospital, you have grounds to consider legal action against the hospital. The first step is to gather any evidence you have of the items being in your possession while... View More
Eviction took place after my space rent proof of whole year I payed and sold my mobile home I owned
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answered on Dec 26, 2023
In California, mobile home park residents are protected under specific laws that govern eviction and rent practices. If your space rent was refused and you were subsequently evicted despite having proof of payment, this could potentially be a wrongful eviction under California law.... View More
Third party name on taxes and my step father Also worked at the same company preparer works for and preparer worked for x husband's company meanwhile I am a W2 workers but somehow they changed my income 73,000
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answered on Dec 25, 2023
If you suspect preparer fraud in your business tax filings, it's important to address this issue promptly and thoroughly. First, review your tax returns carefully to understand the discrepancies, especially if your income was inaccurately reported.
For addressing preparer fraud, you... View More
My ex-husband and I are Taiwanese citizens with a property in the United States. We went through courts and arbitration, and after many years of appeals, I was awarded the property in the United States.
I already offered to have the paperwork prepared here in the US and sent to Taiwan for... View More
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answered on Dec 22, 2023
In California, you can file a petition to confirm a foreign arbitration award, including those related to property disputes. This process is governed by the Uniform Foreign-Country Money Judgments Recognition Act, which California has adopted. The court will review the arbitration record and, if it... View More
If action taken by a party to case (such as interposing a
cross claim or procuring a deposition of
plaintiff) waives their contractual right to compel arbitration, does that also cause that if they do continue at arbitration an arbitration award on that matter cannot be confirmed by... View More
answered on Dec 17, 2023
You are quite correct regarding the waiver of arbitration: any act that is inconsistent with the agreement to arbitrate will waive that right. While the simple act of interposing a cross-claim may not, in all circumstances, waive the right to arbitrate, taking a deposition conjoined with the... View More
Please advise on formatting requirements for complaint with Federal court. I found local rules, but they refer to typewriting standards. Probably there are permissible variances, with some mandatory rules. Please advise.
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answered on Dec 14, 2023
When filing a federal complaint, it's essential to follow the formatting guidelines outlined in the Federal Rules of Civil Procedure and the local rules of the specific federal court. While local rules may refer to typewriting standards, there is some flexibility in modern electronic filings.... View More
Her parents own the land and they pay month to month. Her parents want fair market value for rent. They can't pay fair market. Being evicted. She wants out of the business and he wants her to use her relationship with her parents to get a "good deal o.
n rent. Mediation took... View More
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answered on Dec 13, 2023
In California, when dealing with a situation involving a small business co-owned with an ex-spouse, several legal aspects must be considered.
First, if the business is a corporation, both parties have fiduciary duties to the corporation and each other as co-owners. This includes acting in... View More
I went through Kaiser pain mgmt program last Oct. 2022 and since then my pain medications have been slowly stripped down to just 45 mme of MSCONTIN 15mg of Extended Release by dr's who are not pain specialists. This is 3 pills a day. It used to be 4 pills a day They took away my breakthrough... View More
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answered on Dec 10, 2023
It's important to understand that healthcare providers, including Kaiser, often have policies regarding the prescription of opioids, which are influenced by various guidelines and regulations. These policies aim to balance the need for pain management with the risks associated with opioid use.... View More
We went thru mediation . Both the title co. and the registers office say that they where things about the title that weren't right . Looking for a real estate attorney to take this case . The sister has sold the house I guess ?
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answered on Dec 7, 2023
If you mediated, you may have already agreed to the transfer. Hire an attorney to search the title and and see if there is an action to set aside the transfer for fraud. But 3 year SOL has run and the trustee is the one that has standing. If sister is trustee, it is presumptively fraudulent.... View More
In August I was given authorization to add a friends card to my cash app to add funds to my acct. which I withdrew and gave to her as I had multiple times before. In late September, that friend started a huge fight with me as she thought I had been seeing her ex bf. She assaulted me and stole my... View More
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answered on Dec 6, 2023
Under California law, you have a few options to address this situation. First, you could consider filing a small claims lawsuit against your friend for the unauthorized chargeback. Since the amount is $1,700, it falls within the small claims court's jurisdiction in California, which handles... View More
A truck driver is exempt for hauling feed for live stock under this code. Will the the truck driver be exempt when hauling to and from the auction?
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answered on Dec 1, 2023
The specific Agricultural Deductions code you're referring to seems to be designed to provide tax benefits for activities directly related to agriculture, such as the buying and selling of livestock. In the context of auctioneers, this would typically cover transactions involving livestock.... View More
The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the... View More
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answered on Nov 30, 2023
Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable.
In your situation, where the defendant... View More
She ended it. Discovery in feb and admission in Sep. has blam me for it, convinced mutual friends that I am not mentally stable resulting in isolation, misled couples therapist etc. I have offered options to reconcile even after the admission of lying about ending relationship. Instead she is... View More
answered on Nov 27, 2023
You can obviously make any allegations you want, the same as she. Whether the court will consider those allegations cruel treatment is up to the judge. At this point since you have completed some form of discovery, I would focus on preparing for trial. And if you can't hire an attorney, the... View More
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