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Recent Cause of Action questions

I am responding to a complaint issued against me. It is a

Hello, I am responding to a complaint issued against me. It is a civil case, in which the Plaintiff is demanding $221,000.I want to assert unjust enrichment, as to my mind the appropriate sum is closer to $170,000. But I fear it would be unwise to state that, as naturally, I would prefer to win this case and not pay anything. I don't want to lose the opportunity for the defense, but don't want to risk and "admittance" of even such a high sum. Any recommendations?

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MIAMILAW1127

Partner

Juris Doctorate

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I am responding to a set of form interrogatories. I am on

I am responding to a set of form interrogatories. I am on the section in which I am being asked to list any denials and affirmative defenses. I am doing so by paragraph (referencing the original complaint). Many of these allegations are very repetitious. Do I need to assert a denial for every time they say the same thing? For example, there are 6 causes of action. At the end of each cause they state that they are owed $221,000.00. Do I need to deny that and assert Unjust Enrichment for each time it is said, or will once suffice?

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KJLLAW

Juris Doctorate

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I am responding to a set of Form Interrogatories, and

Hello,I am responding to a set of Form Interrogatories, and answering question 15.1, in which I am being asked to list denials of allegations and any affirmative defenses.When I do this, do I respond to the allegations made in the part of of the complaint titled "Defendants Breach of Contract", or do I respond to the "Causes of Action"

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William B. Esq.

Attorney

Doctoral Degree

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I need help understanding "Res Judicata/Collateral

I need help understanding "Res Judicata/Collateral Estoppel".I am involved in a civil case in which I am being sued for breach of a franchise contract. The plaintiff has thus far only demanded a monetary judgement of $220K. But, has made it know to me that they intend and expect to take possession of my business.In a previous case, in which a very large numbers of franchisee's withdrew from the company, as I have, only a monetary judgement was passed. Would the Res Judicata/Collateral Estoppel prevent something like a cease and desist from being issued?

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William B. Esq.

Attorney

Doctoral Degree

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Is there anyway to find out if an attorney or law firm

Is there anyway to find out if an attorney or law firm represented plaintiffs or defendants in certain cases. For example I need to find out if an attorney had any cases regarding fraudulent conveyance.

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Maverick

Doctoral Degree

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I am told the statute of limitations on using Mistake as an

Hi, I am told the statute of limitations on using Mistake as an affirmative defense to breach of contract is 3 years. Is this true and can you cite an authority for this? Thank you!JA: Because laws vary from state to state, could you tell me what state is this in?Customer: AZJA: Have you talked to a lawyer yet?Customer: Only hereJA: Anything else you think the lawyer should know?Customer: noJA: 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 Corporate Lawyer about your situation and then connect you two.

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legalg

Juris Doctorate

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I have a case in civil state court. I did plead fraud with

I have a case in civil state court.I did plead fraud with specificity. I wished to establish a pattern of illegal acts by the company against other tenants. I also charged that they engaged in mail fraud by using the mail to charge their tenants illegal debts.The Judge initially allowed my discovery of information regarding other tenants at one hearing.The Defense objected after the hearing where this discovery was discussed extensively and they agreed to produce. They filed a motion to Quash discovery arguing, prior bad acts have no bearing on my case, and they were concerned with the privacy of other tenants.The Judge changed his mind, bared this discovery and rejected my pleading of Fraud with Specificity, without hearing arguments from me. He barred my charge of mail-fraud and RICO stating that such charges could only be brought in Federal Court.I don't want to piss this judge off, but what can I do?

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Ely

Counselor at Law

Juris Doctor

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I red an interior decorator to furnish my home. She in turn

I hired an interior decorator to furnish my home. She in turn hired a delivery company. They overcharged her for the delivery so she refused to pay them the extra. The sent me a letter today statin intent to take me to small claims court. I didn't contract with them, am I liable?

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William B. Esq.

Attorney

Doctoral Degree

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Please direct question ONLY to: GWarren Customer Advocate

Please direct question ONLY to: ***** ***** Advocate (JustAnswer member attorney)My question is similar to one you answered for someone else.I am one of two partners in a LLC founded in 2014 and that converted to a Sub-S for tax filing purposes last year.My partners separate corporation provided contract labor to our LLC and we had a signed agreement as to amount. He later claimed that he should recoup a substantially higher amount which he said he was out-of-pocket for for higher salaries he said he actually paid to the two staffers because they put in significantly more time than anticipated. For several reasons, while we agreed to a provisional amount to be further negotiated and agreed upon, that agreement has not yet been reached due to various points of disagreement over the amounts he actually paid out (he refused to permit our CPA to audit his payroll to confirm amount owed since it was posed as "recoupment") and because I discovered that he had diverted at least three opportunities from the LLC to his separate business.Because of the loss of our major client who did not renew their annual contract as of a few weeks ago, he began to be concerned that the business might fail and he might never collect and began pushing hard for the "debt" (payables) to be paid immediately out of what was left in the bank and the last of the incoming A/R. Because of my findings above and his failure to provide documents that he had agreed to provide to me in a phone consult with myself and an attorney (who unfortunately is currently out of the country), and other issues, my response to his proposals to collect on the receivable was that he needed to provide the promised documentation and to account for the opportunities that were diverted first which he justified regarding the first two and denied in the last instance.I just discovered that on this last Friday he cleaned out most of the cash in the bank (thousands of dollars) which will make it impossible to meet our payroll tax obligations or to fund officer salaries (his and mine). He is an authorized signer on the bank account but I handle the banking, A/P, A/R and payroll as Treasurer. I not only did not authorize this transaction but I was clear, and in writing several times, what the requirements were that he needed to meet in order for a decision to be made on a settlement amount of the payable.What are possible causes of action? If this makes it impossible for the business to continue, or for me to continue in the business, are these damages?

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J. Warren

Attorney

Doctoral Degree

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4,006 satisfied customers
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