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Six of one; half dozen of the other! MASSPI: Well, I guess there is no better authority to vouch for a subject matter than THE AUTHORITY itself. So, here is the pertinent paragraph (wording) contained in §446(a) of the California Code of Civil Procedure which deals with the signing of a...

Entry of Default; Entry of Default Judgment First of all, I would not concern myself with who is, or is not representing the defendants; it has no bearing on your situation and truth be told (and respectfully) it is not yours to decide whether the opposition is represented or not. Leave it be...

Warn and Indemnify! PETE-SORENSON: As a land possessor (owner), you owe all those who enter your land what is called a Duty of Care and the measure or the amount of the care owed depends on the Status of those entering your land who could be either “trespassers,” a “licensees,” or...

Verified signature? Surely the Plaintiff is not flying solo (pro per) for a tort case of such financial magnitude, in which case the signature on the complaint would be that of the attorney of record and not his. Even if going pro per, I am with Mightymoose on this one; it is the allegations...

You can Quash Service, but will only delay! FRANKH: An Unlawful Detainer (U.D.) action comes under the title of “SUMMARY PROCEEDINGS” and (in California at least) its proceedings are just a step or two above that of small claims and traffic court, which basically means very unsophisticated...

Wrong Court; Wrong Argument Unfortunately, you were arguing your case in the wrong forum and through the wrong motion; demurrer is not the right motion to make as a defense when it comes to an Unlawful Detainer action, and your arguments about ‘who sold what mortgage to what bank’ was also not...

No effect! Being a police officer does not give him carte blanch to check someone’s background whenever he feels like it, specifically for a private reason which is what your situation places him in. In other words, just because he runs checks all day long at work and has unparalleled access to...

Minor or Major? MOONWINK: Even presuming for a moment that you DO have standing in this matter*, or any other (legal matter), you will still be barred by the simple fact that is the operation of the law, to assert, present, advocate, or claim any rights under the terms of a contract or...

Suretyship! ALANG: Novation is a creditor contractual remedy that comes into play only after the contract has been formed, one form of which (3 forms of Novation) allows a person to step in and assume the debt of another (called the Principal) and hence become an Expromissio (or Expromissor)...

Yes and No! Well, the second question first: No, that is not considered Res Judicata and Collateral Estoppel does not apply in such an instance. These two doctrines combine to establish a bar to reilitigation of the same claims and issues once they have reached a final judgment, based on merits...

No response; judgment on merits! A motion pursuant to 12(b)(6) is the Federal Rules of Civil Procedure’s equivalent of Demurrer at state level and a failure to respond to such motions will not merely result in a default judgment which, can almost always be set aside by the aggrieved party even...

This sounds like a Motion for Summary Judgment! Littlered-893: First of all, there will be no “future” lawsuits brought by either party as to all claims, allegations, damages, and remedies accrued up to the time the action was commenced. That is because the rules of civil procedure require...

There are only 3 options! Lesleamartin: To file or not to file bankruptcy is a question that many people tend to over analyze to the point of agonizing over it, and for the obvious but completely wrong reasons; like self pride, feeling like a failure, the attached social stigma...

Genius, say hello to Motion to Compel! Going on the presumption that your divorce was not a straight forward Summary Dissolution, you can file in the family court a Request for Production of Income and Expense Declaration After Judgment in lieu or with an eye to filing of a Motion to Modify...

JEEPGUY: You absolutely and positively should not even consider such a transaction while under the auspice of Bankruptcy Court and Bankruptcy Trustee as not only it would terminate your Chapter 13 proceedings immediately, it may also bring about some other unwanted and quite serious...

The writing decides! If ever there were 2 documents that occupied THE complete opposite sides of a legal spectrum, it would be a will and a contract, and to help decided which is which, regardless of what their maker(s) has opted to label them, you need only look to the definition and the...

Liens may be paid, but evidence of it never removed! Were you not informed by the bank (or the seller) that there was an encumbrance on the property to the tune of a Federal Tax Lien? And more to the point, didn’t your attorney discover the lien on the property when conducting the title search...

No; No; and Sheriff's Deputies! No, there is no need to serve the tenant with a 30—day notice of termination , in fact, it would be quite redundant considering you have already filed an Unlawful Detainer complaint and are due in court in 10 days. And the answer to the second question is yet...

Third Party, Indeed! NELLEKE: I have heard of some quite creative legal maneuvering by some very creative attorneys, but the case worker attorney’s attempt at the same is nothing short of asinine and his “third party” defense strategy is the legal equivalent of “my dog ate my homework!”...

Not this time around! SINGLEMOTHEROF2: NO! Certainly not! The employee is safe this time around and he will not even be remotely considered for placement in removal proceedings on the basis of a mere paraphernalia misdemeanor conviction. Up until June of 2010, the rule was that two or...