I don't think that I have a definitive answer. Is the Motion defective because the Plaintiff has NOT signed a Declaration under the penalty of perjury? Can I ask for a dismissal based on this if it is defective?
I meant 'without' my neighbor's (the Plaintiff) signature. If you are bringing an action against someone, I would think that you would have to sign. I forgot to mention I'm in California.
Thank you seniorjudge
Gladly.
A neighbor of mine filed a Motion to Enforce Settlement against me. His Attorney prepared the Motion and signed it, penalty of perjury, etc. My Attorney prepared my Response and signed it and I had to fill out a Declaration as I always had.
My neighbor did not come to the...
When filing a motion or any court case, how important is the Declaration by the Plaintiff, who is bringing the action? Is a case legally filed without it? If a Plaintiff's Attorney signed a Declaration and the facts are untrue, can he hide behind the 'my Client told me' defense?
If a case is...
I'm in California. I've been using a Real Estate Attorney, but he is not agressive at all. I have to find a new lawyer who likes to fight, because the attorney I have now always wants to settle and I'm just not in the wrong here. I've given up more than I should have, but it IS time to turn...
For the last three years, I have lived next door to a neighbor who has set his sights on me since the day he moved in. He has cost me about $30,000 in legal fees by suing me for parking on a driveway, which I have the right to park on. I've won every time we've gone to court and have even...