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I am having quite the hard time finding an attorney that is willing to take my case on Mid Stream
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answered on Sep 27, 2024
Telling your attorney that they acted incompetently can sometimes lead to them choosing to withdraw from the case. Lawyers may feel that if the trust in the attorney-client relationship is broken, they cannot effectively represent you. However, their decision to quit would also depend on other... View More 
California Code, Code of Civil Procedure - CCP § 2020.220 DOES NOT REQUIRE PERSONAL APPEARANCE
(a) Subject to subdivision (c) of Section 2020.410, service of a deposition subpoena shall be effected a sufficient time in advance of the deposition to provide the deponent a reasonable... View More
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answered on Sep 27, 2024
In California, under the Code of Civil Procedure § 2020.220, there is no general requirement for a personal appearance when responding to a deposition subpoena for written answers. If you’ve received a deposition subpoena to provide documents or business records, the law allows you to respond by... View More
Simply mailing answers without an official appearance or without a court reporter may violate the California Code of Civil Procedure (CCP), specifically sections that mandate the proper handling of depositions.
Which exactly CCP is violated?
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answered on Sep 27, 2024
If you are referring to handling depositions by mail without an official appearance or court reporter, you may be looking at a violation of California Code of Civil Procedure (CCP) Section 2025.330, which governs the proper procedure for oral depositions. This section requires that depositions must... View More
What specific rules would be violated if ANSWERS by non-party deponent are sent by mail during discovery; IF
non-party deponent was given proper Notice of Deposition AND SUBP-010, AND even privacy notice SUBP-020 - to employee in question? Additionally, in this situation the deponent is... View More
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answered on Sep 27, 2024
In this situation, the key issue is that deposition answers must follow specific procedures outlined by the rules of civil procedure. When a non-party is subpoenaed to provide testimony, the typical expectation is that the deposition occurs in person or via other agreed-upon means, such as video... View More
Medical, financial… would be set up in advance. She’s wanting to move as well. What steps do I need to take to make this happen?
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answered on Sep 29, 2024
Moving to Germany with your adult daughter under legal guardianship is possible, but there are several steps you need to follow. First, ensure that her legal guardianship documents are translated and recognized in Germany, as each country has different regulations regarding guardianship of adults.... View More
I said that I would kill my self and they took my stuff that they did not buy
If you don’t have an account with them. This is not a federal law nor does any other bank require this and if I don’t deposit cash I do not need to give them my social. They cannot tell me where on their website or where on the terms and agreements when signing up for an account that it is... View More
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answered on Sep 27, 2024
It’s understandable to feel uncomfortable about giving out your full Social Security number, especially for something like a deposit. You’re right that there is no federal law that specifically requires giving your SSN for a deposit, though banks do have policies in place to comply with federal... View More
Can SUBP-010 for written depositions by non-party be accompanied by deposition notice, because subpoena is for answers to questions, not business records?
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answered on Sep 27, 2024
Yes, you can accompany a SUBP-010 subpoena with a deposition notice, even when it is directed to a non-party for written responses. The deposition notice serves to clarify the specifics of the deposition process, such as the time, date, and method, even when you're not requesting business... View More
During discovery on party to lawsuit depositions can be substituted by interrogatories.
What procedure, statute, rule disallows explicitly to substitute oral depositions by non-party during discovery with written answers to questions, WITHOUT appearance?
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answered on Sep 27, 2024
Under California law, the procedure that explicitly disallows substituting oral depositions of non-parties with written answers to questions without appearance is found in the California Code of Civil Procedure (CCP).
Interrogatories Limited to Parties Only:
- CCP § 2030.010: This... View More
Audio, video, court stenography are optional.
What specific procedural rules are violated if deposition of non-party, answers to questions are without appearance? This is discovery written deposition, not trilal.
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answered on Sep 27, 2024
In California, depositions—whether for parties or non-parties—are governed by specific procedural rules. Depositions typically require the deponent’s appearance, either in person or via video, and a court reporter is usually present to record the proceedings. If the deposition is written, the... View More
I have a piece of property that was foreclosed on by a Homeowners Association. I have not received anything in the mail regarding the foreclosure. I learned about this because someone called me offering to purchase the property. I assume any legal notices were sent to the property address... View More
answered on Sep 28, 2024
Anytime a foreclosure occurs, the HOA must file a trustee's deed showing that the property was foreclosed and transferred to a new purchaser. You can check the real estate records for this deed. If it has not been recorded in the public records, then the foreclosure was stopped.
You... View More
Hello, I received a request for documents about a machine I sold to a spa owner and all my communications with her via phone and text. I do not have any information as we have not communicated either via phone, email or text in some time. I do have the other requested documentation, I am nervous... View More
answered on Sep 27, 2024
It would depend on the form of the request. If it is just a letter, you can ignore it if you want. If it is a subpoena, you should find out more about what the case is about.
I contacted the law firm that created the will and know the lawyer. I was told they would call me right back and haven't heard anything. My brother and I are the only surviving relatives. I wanted to if I had the right to see the will. There is also the question of what happens if it was... View More
answered on Sep 27, 2024
One way for a testator to revoke a will is through physical obliteration - tearing it up, marking through it, burning it, etc. Many lawyers will not keep an original will because it would deprive the testator of the ability to revoke a will in this manner. Instead, the lawyer or law firm may make... View More
I work in the same office/location everyday and at sporadic times, my employer will assign me to work at another office in the city. My employer at one time paid for travel when assigned to work at other locations when needed. We were instructed that travel time. to and from the assigned office,... View More
Since she got in, it took her 6 weeks before being able to get an allergy tray but they still feed her food she is allergic to and she already told medical and had it documented too but every time she lets the guards know that she cannot eat it, they would scream at her and tell her to eat it... View More
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answered on Sep 27, 2024
It sounds like your girlfriend is facing serious neglect in jail, and her health is being put at risk due to these conditions. First, you may want to contact a lawyer who has experience with civil rights or prisoner rights. They can help you take legal action against the jail for not providing... View More
Original quote was #3,700.00 After completed the job, asked for $8,000.00. Then he left one piece of wood in my backyard. Another guy with two workers came the following week. Both job was done on Saturday. I gave the second guy another $8,000.00 check by mistake.
I am wishing I... View More
answered on Sep 27, 2024
Hopefully the 2nd check has not yet cleared and you can stop payment. If it has cleared ask the payee to refund it immediately.
Unless the contractor got your written approval to increase the amount after you accepted the original bid, you should be able to recover the difference.... View More
Working on closing estate
answered on Sep 27, 2024
This is not a question, its a statement. Please ask a question with facts.
If only name and address of person affiliated with non-party is inquired in deposition subpoena, is Subp -025 privacy notice to that person is required?
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answered on Sep 27, 2024
If you're asking for only the name and address of a person affiliated with a non-party in a deposition subpoena, it may still trigger privacy concerns. California law protects personal information, even basic details like names and addresses, so serving the Notice to Consumer or Employee... View More
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