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  1. fredrikklaw

    Getting Sued Twice by same person?

    Where in Cali are you? Felixraxta: Of course, I don’t want to know your exact location, but can you tell me roughly what region in California you are in? There is a very good reason I ask this question which has to do with a rash of similar lawsuits bearing the same modus operandi, and by...
  2. fredrikklaw

    Criminal Law Will my renewal for a green card be denied because of my misdemeanor?

    You are safe! DSTAR101; No; Not at all; none whatsoever! What I highly recommend that you should do is to relax and stop worrying about I.C.E. and whether you are in trouble with Immigration. You are not and you will not be and the proof I offer in support is the very fact that you were...
  3. fredrikklaw

    Business Contracts General Partner for Golden Film Partners (a NY Partnership)

    Not unless action is commenced! No! When it comes to Contracts Law, there is no mechanism in place enabling a litigant to toll /stop the statute of limitation by way of a motion or a request and such; not in New York, or in any other of the 49 states in the Union, duration of which incidentally...
  4. fredrikklaw

    Questions abut when to file motion

    Not for Courtesy Communications! Yes, you are right about the 30-day grace requirement for response to discovery requests, but only on the first attempt and not on subsequent attempt, or attempts, made as a matter of courtesy. And there are no provisions contained within any of the state or the...
  5. fredrikklaw

    Questions abut when to file motion

    One more try and then you compel! At this stage of the litigation, you are to exercise option number 1. Give them the benefit of the doubt and send your discovery request one more time and make sure to note on the cover letter that it is a re-send, so they do not act shocked and bewildered if...
  6. fredrikklaw

    Questions abut when to file motion

    Motion to Compel Not Warranted; yet! NO! Going by the information you have provided, not only is it way too early to file a Motion to Compel, as the circumstances do not meet the standards or the essential elements warranting its filing either. So you would be jumping the gun here if you did...
  7. fredrikklaw

    Business Debt, Collections civil suit question

    No Standing! No Jurisdiction! Well, the main point of incorporating a business concern is to avoid exactly the kind of legal scenario you find yourself in and you should move to have it dismissed; sort of cut its legs off from under it right at the altar and from the very get-go! Either this...
  8. fredrikklaw

    Defamation, libel, slander?

    Sticks and Stones! KMSHEP: “No, I cannot imagine the mess this causes your business, and quite frankly neither do I want to imagine, guess, speculate, estimate, or project as to the same, because we are not here to play 20-questions and this is not a guessing game…,” This, of course...
  9. fredrikklaw

    Credit Cards, Rating, Repair Failure to Prosecuite in a timely mannor

    Good on you! You are most welcome and it is my pleasure entirely; also, please let me know if I may be of any further assistance to you! (For what it's worth!) Regards, fredrikklaw
  10. fredrikklaw

    Credit Cards, Rating, Repair Failure to Prosecuite in a timely mannor

    Rule 1.420 Yes, there certainly is! It is Rule 1.420 (Dismissal of Actions) of the Florida Rules of Civil Procedure and the action permitted under this rule is in fact called a Motion to Dismiss for failure to Prosecute...
  11. fredrikklaw

    Judge in bed with the plantiff's

    Concentrate on the job at hand! VINCE: First of all, do yourself a very big favor by canning the “judge in bed with the plaintiff” issue; I can understand your frustration and chagrin at being led stray like this, but it really is a non-issue and all together not the right assumption on your...
  12. fredrikklaw

    Drug Crimes, Substance Abuse pill popper boyfriend

    Brad Pitt; Al Capone? Your ex-boyfriend sounds like a cross between Brad Pitt and Al Capone; wow! How can a person bed so many women while on probation and being an ex jail-bird? Does he conduct seminars; give lectures, have a website, or there is perhaps an infomercial selling the CDs...
  13. fredrikklaw

    Can a lawyer quit right in the middle of your case w/o notifying the client?

    California Bar and Legal Malpractice Lawsuit CHERYLANN: Well, for what it will be worth, should your attorney continue in this current A.W.O.L. vein and manages to ruin your case in the process, he will of course be subject to a disciplinary action by the State Bar of California which runs the...
  14. fredrikklaw

    Consumer Fraud fraud

    I don't think so! PRINCEMARC: Well, the long and the short answer would have to be, NO! It is a ridiculous notion on her part to begin with and it is infinitely more ridiculous to even speak such empty, pie-in-the-sky threats. And incidentally, what would be this great charge of fraud, for...
  15. fredrikklaw

    International wire transfer through Chase from US to China

    CHASE!!! A more appropriate and true-to-life name for a bank, there has never been! It is a horrible fact, but a financial behemoth like Chase can, and will keep you running in loops to time indefinite and no amount of polite letter-writing or phone calls is going to make the monster sit up...
  16. fredrikklaw

    Roomate Roomate wanting to break a year lease but i do not want to

    Only if it was that easy! NATTYE12: I am sorry you are stressing so much about whether or not you may have inadvertently cancelled the lease by “signing” some kind of a notice to the attention of either the roommate, the agent, or the landlord; I am not clear who exactly it was sent to...
  17. fredrikklaw

    Request for Entry of Default + Statement of Damages: Proper way to itemize amounts?

    F.A.C. will moot the Demurrer! Well, the long lead time for the hearing is squarely due to the rampaging budget cuts. Accordingly, from July 1st, the Central Division of the San Diego Superior Court has or is in the process of closing down (I believe) 8 criminal court rooms and about 4 civil...
  18. fredrikklaw

    Request for Entry of Default + Statement of Damages: Proper way to itemize amounts?

    One more question! Well two, really. I want to be absolutely positive of what I am about to suggest, so... I understand that since filing the Original Complaint, you have not moved for anything else (not including Request for Default), have you? By the way, since Demurrer is a mandatory...
  19. fredrikklaw

    Request for Entry of Default + Statement of Damages: Proper way to itemize amounts?

    Slap in the demurrer! As I have suggested to you already, do not waste good energy in attempts to make an issue out of (and rightly so) the late filing of the demurrer and the total lack of service of process. It is a bit of a sly legal manoeuvring which although perfectly within the bounds...
  20. fredrikklaw

    Shoplifting, Larceny, Robbery, Theft Jail time?

    Asking Bondsman for advice? RELAX! You are not going to jail for a misdemeanor shoplifting charge. Not for 10 days, 10 weeks, or ten seconds. PERIOD! Unless of course you really want to. The best thing to do is to bring this matter to a close as quickly as possible which will not happen if...
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