Mary R. asked
Can it be legally conceived as a defense that when a judge acted arbitrary and capricious in dismissing a case based upon one medically documented absence in which the plaintiff was compelled to a hearing, the judge abused his discretion?
April 24th, 2023
Michelle G. answered
Yes, a judge acting in an arbitrary and capricious manner, especially when dismissing a case based o...
April 24th, 2023
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In 2001, I signed a confession of judgment with a promissory note for a company I was parting with. The note is in default if any payment is past due and has an acceleration clause stating the entire amount is due upon default. The clause also waives diligence, presentment, protest, demand, and notice of every kind, and the right to plead any statute of limitations as a defense. The documents are bound by California law, and I understand that section 360.5 of the civil code prohibits indefinite waiver of the statute of limitations (SOL). Since the documents were executed in 2001, payments stopped in 2004, and there has been no acknowledgment of the debt or actions from the company, do I have a safe defense using the SOL?
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What is a defense warrant, and what are the legal implications of a landlord seeking eviction, defense warrant, and civil lawsuits in a commercial tenancy situation? Additionally, what are the steps to handle a situation where the sheriff's department has seized bank accounts and property under a right to forfeiture, and how does this relate to potential criminal charges?
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Is it worth pursuing a small claims court case for $500 owed from a freelance video editing job, considering the time and costs involved, and what are the potential outcomes of sending an attorney's letter or letting the matter slide?
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Dispute with a friend who will not talk to me. We are looking after some of their property because they did not have storage space. He has some of mine on loan. Where do we stand in terms of relocating the property respectively when he will not speak with me? I do not want to make more of this than need be. I would rather lose my property than sue him to get it back. However, I do want to have their property removed from my dwelling.
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