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Civil Litigation Questions & Answers
2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: A party provided false statements in a declaration in connection to a motion, what objections can I use?

A party provided false and misleading statements in connection to an anti-slapp motion. I intend to file objections certain parts of the declaration that are false and can prove it. What objection can I use under Evidence Code or any other codes?

Shawna Murray
Shawna Murray answered on Oct 24, 2020

You can object to each individual statement in numerous different ways. I highly recommend that you consult with an attorney to help you present the best responses.

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1 Answer | Asked in Real Estate Law, Civil Litigation, Collections and White Collar Crime for California on
Q: How many days should elapse would be considered abandonement of claim for filing motion for attorney fees and costs?

This pertains to a plaintiff with no legal standing represented by an aiding and abetting attorney.

Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

Now you are mixing sausage and vanilla ice cream. Attorneys don't "aid and abet" that is language for Criminals. The answer is the same, check the rules of court and the Code of Civil Procedure.

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1 Answer | Asked in Real Estate Law, Civil Litigation and Collections for California on
Q: How many days for filing motion for attorney fees would be considered abandonement of claim?
Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

You are mixing apples with meatballs. There are rules of court and statutes regarding the timing for filing a motion for attorney's fees, or the judge could set a special time schedule on request. You can look these up on the internet, they are available to the public. If these are missed... Read more »

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Wrote a book about me being in prison does it break the son of sam law

A publisher wants to publish it

Timothy Denison
Timothy Denison answered on Oct 24, 2020

Someone would have to read the book to answer your question.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Civil Litigation for Oklahoma on
Q: I want to ask a judge to vacate their own judgment given on Sept. 24 2020, what day must motion be submitted by?

This is a case in Oklahoma regarding a quiet title claim. All 3 defendants were at court house and declined entry by security due to no masks (no signage etc existed stating masks required) they at first refused to provide masks then wile waiting for masks to be retrieved from car, security brought... Read more »

James Tack Jr
James Tack Jr answered on Oct 24, 2020

Motions to vacate generally must be filed within 30 days after the filing of the judgment, provided the judgment was mailed to the parties within 3 days. After the 30 day time period, requests to vacate must be done by petition. If the 30 day time period falls on a Saturday or Sunday, you have... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Products Liability for California on
Q: Is it common today for mass tort law firms to bill the client for interest charges they accrue to work the clients case?
Maurice Mandel II
Maurice Mandel II answered on Oct 23, 2020

Without additional information this is very difficult to respond to. A lot depends on the retainer agreement. Maybe its ok, maybe not. What if they have to spend $50,000 for deposition costs and it requires financing at 10% for 5 years. Should the law firm just eat the $25,000 in financing... Read more »

1 Answer | Asked in Civil Litigation, Collections and DUI / DWI for California on
Q: Can I get access to information about how much money various state agencies have collected from a felony DUI offender?

I was a victim of a felony hit and run drunk driver. He rear ended me on the freeway while I was going 65 mph causing injury. The county commanded custody of restitution payments. I was awarded around $7k in a court order. The county has sent me two payments over a 12 year period totaling about... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 23, 2020

Why would the State of California collect "child support, etc.?" Generally that is paid to the person caring for the child. Maybe a person in your other category "Civil Litigation/Collections" can shed some light on this for you.

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: How do I collect the money when my lawyer has been telling me for years the defendant will be paying and I get nothing

I won a judgment

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 23, 2020

This sounds odd. Take your Judgment to another attorney to review.

2 Answers | Asked in Civil Litigation for California on
Q: Questions are at the end. Thanks in advance.

Court Judgement;

The court finds in favor

of Plaintiff on his breach of contract claim against Defendant in the amount

of $126,000.00 .

Prejudgment interest at the contract rate is awarded and shall be calculated from November 20, 2017.

Costs to be... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 22, 2020

1. Not until the Judgment is entered. A notice of entry of judgment should also be served and filed.

2. Defendant can file the claim anytime but possibly best to wait until Judgment is entered.

3. Will the Plaintiff sign a partial satisfaction for the amount?

You paid...
Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: My friend was going to buy a boat for 12000. He gave 8/12 and The guy won’t give him the boat or the 8000 back

This is all back-and-forth via text message. About 20 pages worth. Plus it was a wire for the 8000 the man acknowledges receipt and clearly states that it’s for this boat

Maurice Mandel II
Maurice Mandel II answered on Oct 22, 2020

Small Claims has jurisdiction up to $10,000, and this is the easiest and fastest way to get a judgment against the man who is breaching the contract. Your should learn from your friends mistake that you don't part with your money without a written agreement. When he goes to trial, tell him... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Florida on
Q: Can I block legally from my bf returning to residence after playing music n bar as I am high risk in virus?

I want to legally block my bf from returning to our shared residence after playing music in bar as I am high risk in contracting coronavirus & he REFUSES to agree to go elsewhere after playing to change clothes, shower & take all exposed equipment (he has a “following “ of people known... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 22, 2020

it's his as much as it is yours. So your best bet is to find another place to live.

1 Answer | Asked in Civil Litigation for Florida on
Q: Res Justia legal matter already Judged our favor. Statue of limitations . 2014 plaintiff failed trail 2007 default
Charles M.  Baron
Charles M. Baron answered on Oct 22, 2020

To try to get a lawyer's response, you'll need to re-post with a QUESTION, along with a brief description of the facts of the case. Also, "Res Justia" is not a legal phrase. I suspect you mean "res judicata", meaning a thing adjudicated.

1 Answer | Asked in Civil Litigation for New York on
Q: 2016 civil lit case, slipped thru cracks, decision provided in a March 2020. I won. Def. files motion to reargue in Sep

How can they still file a option months later? Can only guess related to Covid?

Judge that trialed case forgot about it. I followed up since 2017 to keep active, finally got decision in March 2020.

Motion filed to reargue by def., to be referred back to orig judge.

Judge... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 22, 2020

Due to the PAUSE orders by Gov. Cuomo, the time to file a motion to reargue was tolled. Thus, based on your post, it appears timely. However, if there is no stay, and you have the right to enter judgment, you can do so.

1 Answer | Asked in Family Law and Civil Litigation for Colorado on
Q: My daughter left her boyfriend and they shared a house in their name and a son. Does she need a court order for perso

Possessions? They can't agree on anything and he changed the locks. He's out for himself and not for his son.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 22, 2020

Since they are not married, she can do a custody case for issues regarding their son. She may need to do a partition action (lawsuit) to deal with the house. She can do a replevin (lawsuit) for her personal property. She should get a lawyer to help her with all this.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: In Kentucky can you be sued by creditor before the debt is charged off?
Timothy Denison
Timothy Denison answered on Oct 22, 2020

Yes. You can be sued anytime.

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Can/should I sue ex for Stimulus check funds?

Spouse and I are separated...still legally married. No property settlement. I am sole custodial of our two children. 100% timeshare. She walked away and never contacts the children.

We filed taxes jointly in 2019. She filed primary as I am disabled on SSI.

We were separated when the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 22, 2020

I regret that I do not handle domestic relations maters. This issue should have been covered in your Property Settlement Agreement so you may want to look at it, if you have one.

1 Answer | Asked in Civil Litigation for California on
Q: During a Trial Defendant asked Judge "Plaintiff is lying and I can prove it But Judge didn't allow Defendant to proceed.

Judge made a judgment against Defendant. Is there any way to apply for an objection to Superior Court? Thanks.

Maurice Mandel II
Maurice Mandel II answered on Oct 21, 2020

Depends on the kind of trial you had. If Small Claims, as the defendant you have a right of appeal and a trial de novo. You would know what the lies were going to be ahead of time and have the proof ready for the new trial. Without seeing the court records it is not possible to give you an... Read more »

1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for California on
Q: Is the Restrained person in a DV - TRO in Contempt if they serve a Notice to Quit & move out to a Protected person?

Oct 15, 2020, a Restrained person in a DV - TRO (Domestic Violence Temporary Restraining Order) has served (via separate Lawyer from DV-TRO ) a written 30 day "Notice to Quit & move out (deliver up the possession) to a Protected person via the DV - TRO.

DV - TRO states that the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 21, 2020

Hmmm, you need to discuss this with your DV attorney or get one if you don't have one. You are telling two tales here. First you say the Restrained Person (RP) served you with a "Notice to Quit" and then you say that they did it through a different attorney. Well, either they did... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: What does “the court further finds that the attorneys fees & costs should be assessed by the party incurring the same”

My ex took me to court to lift geographical restrictions, modify child support and a few other things in 2010. Everything in the order was awarded to my ex. More child support, geographical restrictions were lifted, and This is what the ordered said regarding attorneys fees- does that mean I have... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 20, 2020

It simply means you pay your lawyer what you owe her and your ex-spouse pays his/her attorney . Generally it means if you don't owe anything to your lawyer, you owe nothing to anyone under this provision of the order. If you didn't have a lawyer, you probably don't owe any attorneys... Read more »

1 Answer | Asked in Civil Litigation for Louisiana on
Q: My roommate has physically harmed me, and she works for the apartment complex. The complex will not terminate my lease.

I need to end my lease early because I am in an unsafe environment, but my apartment complex will not let me. Is there a way for me to get out of the lease?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 20, 2020

File a Petition for Protection against your roommate.

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