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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

p.s. I'd also like to be awarded sanctions in the amount of my Attorney fees for the first part of the case, before my Attorney quit.

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...