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Demurrer and Discovery Sanctions! JUDGMENT PROOF is only a legal definition; it is not a substantive rule of law, a rule of civil procedure, or an affirmative defense and so your friend cannot move to dismiss on the grounds that she is Judgment Proof. A motion to dismiss on the grounds that...

ADA Attorney! ZEFEJIJE: An ADA attorney is what you need on your side. Your neighbor is all heart! Do not waste any more of your time contacting the police or county building department or any other such bureaucracy; you should go directly to the right authorities who take these matters...

This is not a none-compete! FYRYGOMO: It is good that you attached the actual agreement to your post as it makes all the difference in the type of response given here. The document you are asked to sign is not a Covenant not to Compete (none-compete agreement) as you have perceived it to...

The Vagaries of Copy Right Licensing! “Notice of case escalation?” Who is escalating? But I must admit, it is a pretty creative piece of haughty legal jargoning, but it has no tooth and I stop short of labeling the letters shakedowns. You of course did the right thing by immediately...

Where did the 5th go? The county sheriff is alas so full of it that it is overflowing through his ears, taking the remaining two of what passed for him as brain cells with it. In keeping with what you mentioned in your post, arrests (actual and physical or issuance of citation in lieu of the...

Sell and buy it back, or ... There really is no need for such a contract or agreement, as her sister driving the car with the aunt’s consent for the 12-month period while covered by her own insurance will have exactly the same effect as drawing up a contract to say the obvious. Because as...

Sounds Familiar! Yep! That sounds just about the same way I learned a very valuable lesson about litigation which was not to rely on a verbal agreement with the opposing factions and to get every stipulation in writing come what may. But the big difference here is that the law firm you dealt...

They never heard of eggshells? TRUTH321: The “attorney’s” information sounds incorrect to you because it is in fact incorrect, and I certainly hope that he was a divorce or an estate planning attorney who dispatched the info as he will at least have an excuse for getting it wrong. In any...

Stipulate, withdraw and proceed! Alas, no; you cannot! So let horses run on courses and to each function be applied its own functionaries and there cannot be enough emphasis put on not even trying to present evidence of her D.U.I. because it is simply not the function of a default hearing to...

Do me a favor, love! HOTRODGAL: It would be an absolute waste of your valuable time and intelligence to wonder or worry about the libel accusation from the erstwhile “Village Secretary” and when it comes right down to the nitty-gritty of the matter, you will find out that the secretary is...

No Difference! REEDSRUS8: The responses from both Army Judge and Mightymoose were quite correct and I would emphasize specially Mightymoose’s with regards to Miranda reading and the time taken to get to the police station. Unless you were questioned unreasonably, were interrogated, or was...

By stipulation only! PAPIRAR: Well, you could have dismissed without any adverse consequences against one or both of the defendants with a simple form, but only before the counterclaims were brought, which in effect turns the defendants into plaintiffs and you into the defendant for the...

All is clear! NAYLORCHIC: Yes, that is exactly what I am saying here, which is the fact that there is NOT going to be any resentencing and that is it; really! I am sure that your motion for appropriate relief (MAR) did not go unopposed and that the D.A. appeared en force and tried to...

No Worries! Before I get to your question, I have to ask one of my own (in two parts) which is really begging here; why is your husband going for a green-card renewal and not U.S. Citizenship, and more to the point, why has he not become one in all these years? He is certainly eligible for it...

MICHELESF: A prescriptive Easement is the first cousin of Adverse Possession, both of which are acquired by meeting and satisfying the state’s statutory requirements (or elements if you will) including statute of limitations. And unless you are planning to give the driveway away to your...

AVIDDIVER: No, you cannot and “judicial notice” is not a basis to oppose a demurrer and, do not, whatever you do, argue or even attempt to remotely signal arguing any disputed facts or the causes of action. Simply because a demurrer is not taken to dispute, deny, or otherwise disclaim any of...

Forget the Writ; Discovert is what you need! Let me just say that I certainly admire your commitment to the cause, but what is it exactly you are looking to prohibit by way of the writ, which I must say, is a very significant move brought into play in instances when TIME IS OF THE ABSOLUTE...

Not so fast! AVIDDIVER: First and foremost, do check to make sure the address you have given on your complaint is correct because you should receive service of all the papers filed with the court by the defendant and it does not sound like you have received any so far in this case; you may...

Go For Default Judgment! No, you have not missed anything and have followed the right procedure for the service of process and their not appearing in the case in any shape or form works very much in your favor. The ball is now back in your court and the correct move for you, and indeed THE...

Bees, honey, and baseball bats! It would immensely help your collective cause if you (all) first and foremost acknowledged the reality that the person referred to here is in fact very much a legal subtenant and NOT an illegal one, and proceed from there. Because there is a huge difference...