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Recent Summary Judgment questions
Consumer Legal Question I am being sued by a collection
Consumer Legal QuestionI am being sued by a collection agency for a Credit Card default, approximately $5,300, Best Buy.I stopped paying due to the business closing and not getting return calls from Best Buy concerning product and service quality. The balance was approximately $3,300 at the time I stopped paying.I have already been served by the collection agency through the court and responded by requesting supporting documentation.I now have been served a summons to meet with them in court, in front of a judge.Am I able to handle this case and if so, what should I bring to support my position?Should I get an attorney to assist?thank you,Les
I do business throughout the United States via the net, but
I do business throughout the United States via the net, but my client notarized contracts specify: "Governing Law, Venue, Severability. This Contract shall be governed by the laws of the State of California and both parties hereby expressly waive trial by jury in any action and stipulate and agree to enter into mediation proceedings in California."I have Muscular Dystrophy and have worked from home for 19 years using a virtual office to receive mail and packages. Someone in the virtual office received services from a New York client who apparently moved to Florida and sued my company. My company was apparently served June 15, 2016 via this virtual office staff and they failed to notify me. As a result, I missed a pre-trial conference in Martin County, Florida on July 5, 2015 and a Default Final Judgment was entered against my company for $2,363.50 on July 6, 2016. I received a copy of the judgment via mail yesterday.What can I do?
Ray The bogus creditor's counsel filed their motion to
RayThe bogus creditor's counsel filed their motion to substitute plaintiff due to bogus merger without leave of court and nine years after they filed their complaint in trial court and during the automatic stay (Chapter 13). If they amend their complaint over objections doesn't this supersede their original complaint making their partial summary and summary judgment voidable? The Bankruptcy Court dismissed Chapter 13 for filing document deficiency and later order on motion for relief from dismissal order was granted. Can a creditor proceed to file pleadings in trial court if the bankruptcy is dismissed and a week later motion for relief from dismissal order is granted? The case wasn't closed for more than three months after multiple pleadings were filed in trial court.
I am a pro se plaintiff in a case against my employer. A few
I am a pro se plaintiff in a case against my employer. A few months ago I amended my complaint. The following are my complaints (just for summary at this point) FIRST AMENDED COMPLAINT FOR DAMAGES FORBREACH OF WRITTEN AGREEMENT; BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING; AND UNLAWFUL BUSINESS PRACTICES, CALIFORNIA BUSINESS & PROFESSIONALS CODE 17200, et seq.; VIOLATION OF CALIFORNIA LABOR CODE 233 AND 234,COMPENSATORY DAMAGES.Bot***** *****ne, suing for not paying all my commissions (effected about 1,000 other reps in the company). I filled lawsuit while still employed and began getting harassed by my manager after he was told of my suit. Shortly thereafter, I went on disability. My physician feels the stress of from the harassment exacerbated my symptoms which lead me to disability leave. Therefore, I am suing for loss of wages. I am still employed and on disability leave. I work for a very large pharmaceutical company.My company won't offer a settlement. I agreed to Mediation at the end of this month. My question is if you have any professional insight as to why they didn't first submit a summary judgment before paying for Mediation? I wonder if it means they don't feel a summary judgment would be honored?
I am in Escrow on a short sale in California, all cash
I am in Escrow on a short sale in California, all cash purchase. Escrow called me to report a lean on the title for $25K. It turns out, the seller has hired a questionable firm with 21 companies and DBA's and signed and registered the document for $25K only for the seller to buy time by delaying foreclosure by the bank, and stay in the house for years, which he did for 4 years without making any mortgage payments. I have investigated those lean holding companies on the title, none of them have a legitimate addresses or phone numbers. So even if I want to pay it off to remove the lean, there may be no one to pay the loan back.The Escrow tells me I can buy it with that lean on the title and after the purchase go back to the court and remove it. Is it true? How easy is it? I'm trying to understand the likely and worst case scenarios. How long would the process take and how much would it cost? How much unknown is there, when i see the judge for example, could the judge come back and say you have to wait 7 years etc?
Misrepresentation in federal court. My ex-lawyer sabotaged
Hi Pearl. Misrepresentation in federal court. My ex-lawyer sabotaged my case so badly that I suspect he was corrupted by opposing counsel. I lost MSJ in a retaliation case.JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help.Customer: thanksJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: Defendants won MSJ in federal court because my attorney severely misrepresented my case. He didn't submit evidence, didn't dispute many of the defendants' findings of fact, didn't mention that they lied under oath and that I had proof of their perjury. My attorney submitted "my" response to the MSJ without showing it to me first and getting my ok. I asked the judge for reconsideration but he denied because evidence should have been entered previously. The judge also wrote that it would not have changed anything anyway because I 'couldn't prove' the causation in the retaliation. However, Reeves only requires proof of pretext not causation to get case to court. I could show pretext as the defendants changed their story and their reason for their adverse actions. The judge also refused to accept the "1000 small cuts rule" as it came from an appellate court in a different federal circuit. The district court judge's ruling now hurts my chances for a malpractice lawsuit. :(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.Customer: If there is a chance I would like to appeal the SJ.
I have questions about filing the RJI form out. 1) My caseView more legal questions
Hello,I have questions about filing the RJI form out.1) My case is portrait infringement (While I worked at supermarket, the manager took my picture. The picture posted in the newspaper.) Where do I check in section " NATURE OF ACTION OR PROCEEDING"? I check other in "OTHER MATTERS."May I write it down my like "portrait infringement (While I worked at supermarket, the manager took my picture. The picture posted in the newspaper.)"2) Which one do I check in "NATURE OF JUDICIAL INTERVENTIION ?"3) In "PARITES SECTION", Which one do I check in Issued Joined (Y/N)?