How can we, as plaintiffs, who have to stop litigating not end up responsible for the defense costs? We never even realized this was a possibility when we sued. We sued for a very good reason, but for several reasons, we cannot continue this lawsuit any longer (it has been 3 years). Really would... Read more »
If you are a plaintiff and dismiss your case years into litigation, but before a trial, is there a way to not be responsible for the defendant's attorney fees (aside from the defense agreeing to this)?
First, in the US we do not have a rule that the loser pays fees in ALL cases, only in SOME cases. Like if you have a contract provision that allows for attorney's fees. Or if you are suing under a law that also allows for attorney's fees- like for wages, or age discrimination. So you...Read more »
We need help with how we should word the motion filed to withdraw vs dismiss or what to call it? What is the best way to go about doing this to be 100% sure we are not responsible for the defendant's attorney fees and can the defense come back and try to sue us after we either withdraw or... Read more »
you really want to have an attorney contact them to try to get some money and then when they say no, to ask if I can get them to drop/dismiss the case, we would want a release agreeing that each side shall bear their own costs.
if they know you are going to give in, then they may not agree...Read more »
Not all depositions require a subpoena. If you are a party to a court action, civil, family law, probate, you can be required to go to a deposition upon service on you or your attorney of a "notice of taking deposition." Look in the Code of Civil Procedure- Civil Discovery Act- depositions.
Technically, no, but if you don't have one, who is going to raise the legal objections to questions that you are asked that are not proper? Only a very naïve person would think that answering questions at a deposition is easy, it is not, they can ask you the same question a dozen different...Read more »
I called and talk to the police department and she can be Danny my husband mom what will not leave our house but if Danny goes to work is she still allowed to be in my house if he's not there and it's just me,and my kids I don't know what to do
You can obtain a Civil Restraining Order re: Harassment against her and apply for an order from a judge to keep her out of the house. In my opinion, you should contact a local attorney to discuss your personal situation.
Your question is about setting aside a 2017 Unlawful detainer judgment in court, but you don't indicate if this was for possession or money, I assume money because if it was evicting you, this would have come to your attention before this. Assuming that the judgment was entered by default and...Read more »
If you plan on requesting a medical exemption, you need to show your employer the doctor's note with restrictions related to your condition. Your employer will need to work with you to accommodate your restrictions. The exemption is not automatic in the sense that just because you request it,...Read more »
You need to serve the initial papers on the registered agent and then what usually happens is they appoint an attorney to handle the matter. From there forward you would serve all your documents on the attorney representing the Corporation or LLC.
This was a property ownership dispute & it went to court as a eviction but my attorney made several mistakes & the judge told her right there in court in front of me, I assumed she knew what to do & she said “I got this” to me but dropped the ball & me when I found the docs on... Read more »
Dear Unpaid Subcontractor: Your options for getting paid are two-fold: (A) a breach of contract claim against the General Contractor and/or (B) a mechanic's lien processing against the Homeowner. Clearly, you are not "required" to pursue the Homeowner (as intimated by the GC)...Read more »
This guardianship is completely unjust, it has been done behind my back when i asked my sister for help she agreed no court involvement, signed the notarized document in a green ink. She involved the courts without informing me nor having me served, she hasnt let me see my kids in a year and hasnt... Read more »
You need a family law lawyer right away to help you enforce your parental rights. Search for a female attorney with expertise in family law, guardianships and conservatorships. You can go to your local county bar association and ask for their lawyer referral service to help you find the right...Read more »
All you have to do is ask the court to appoint a lawyer for you. If you can't afford a lawyer, you are entitled to a public defender. You should have been told that at the time you were arrested. Most public defenders are dedicated and hard working and usually provide solid legal advice. When...Read more »
It is my opinion that Dr.D treated the patient within the standard of care at all times.Dr.properly and within the standard of care recommended and performed a series of injections in knee. Dr.D properly consented to the knee injections (but the informed consent form with the client's... Read more »
A California attorney could advise best, but your question remains open for two weeks. As a general impression, I do not see it as being strongly persuasive. It uses the terms that arise in malpractice defense, such as standard of care. But some might see it as coming across as boilerplate-like in...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.