JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: We have a question about quashing a subpoena
for a Superior Court Case in San Diego. The issue is as follows: a suit was brought by defendant in Small Claims
. Defendant was then sued (retaliatory) in Superior Court with an ex party to join the two cases. Ex parte was refused, the Small Claims went forward and the presiding judge is now studying the case. We are filing a general denial for the Superior Court Case- do we need to do file a movement to quash if the Court accepts the denial?
JA: Is there anything else important you think the Lawyer should know?
Customer: Hmmm... yes. In brief: the Small Claims went forward, no agreement was achieved in arbitration
. The party suing in Superior Court is claiming fees arising from the dispute in Small Claims (this is an HOA case)- and saying that Discovery is needed in regards ***** *****)claims of a breach of contract
(lien remains on property to be sold), b) prejudicing the sale of property as a result of lien, c) willful refusal to answer questions about fees pursuant to a settlement/contract
regarding settlement of back HOA fees and a clearing of the books to 0, possible self-enrichment on the part of the lawyer, and general legal harassment
on part of HOA lawyer.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.