When can Plaintiff serve discovery in California?
Stage 2: Discovery
|Plaintiff may serve discovery questions to another party||10 days after service of complaint|
|Defendant serves discovery||N/A|
|Plaintiff may serve deposition notice||20 days after service of the complaint|
|Subpoena for personal medical records||20 days before date of production|
Do you have to show up to a lawsuit?
Answer. You must be served with a Summons and a copy of whatever Complaint or Petition that was filed against you. Until then, you don’t have to go to court, and no judgment can be entered against you. But, caution: You can be served without knowing about it.
Who is the plaintiff in the Texas System case?
Plaintiff, a Texas corporation, purchased one of Defendant’s switches and resold it to a Texas company, which installed the switch into a mechanical system located in Texas (the “Texas System”). Plaintiff is a classic middleman who does nothing more than resell products manufactured by others.
Is there a conflict between California and Texas law?
Clearly there is a conflict between California and Texas law. California courts will only apply a foreign state’s law if a party files a choice of law motion and persuades the court the law of a foreign state should apply. Hurtado v. Superior Court (1974) 11 Cal.3d 574, 581.
When to file a choice of Law motion?
Hurtado v. Superior Court (1974) 11 Cal.3d 574, 581. Accordingly, it is critical that attorneys identify choice of law issues and file a choice of law motion early in the case. “Each choice of law issue requires a separate consideration.” Beach Aircraft Corp. v. Superior Court (1976) 61 Cal.App3d 501, 518.
What do you need to know about choice of law issues?
Plaintiff has the burden of proof, and Plaintiff would not be entitled to recover attorneys’ fees. Clearly there is a conflict between California and Texas law. California courts will only apply a foreign state’s law if a party files a choice of law motion and persuades the court the law of a foreign state should apply.
What happens if the defendant does not show up for court?
WHAT HAPPENS IF THE PERSON I AM SUING (the Defendant) DOES NOT SHOW UP FOR COURT? If the Defendant does now show up for the trial, the Plaintiff can ask for a default judgment against the Defendant. For the Judge to grant the default judgment, the Plaintiff still must prove to the Judge that:
What happens if the parties, plaintiff and defendant do?
Or the Judge may rule on the Motion without a hearing. The party asking the Judge to vacate or cancel the default judgment must show “good cause” meaning a very good reason for vacating the default judgment.
What kind of questions can a doctor ask a plaintiff?
The doctor may ask questions relating to the nature and extent of the injuries alleged to have been sustained in the accident; Plaintiff’s present symptoms; Plaintiff’s medical care and history, including the manner in which the injuries were incurred; prior injuries and diseases.
Can a plaintiff object to a general physical examination?
According to section 2032.220 (c), the demand must set out the medical examination, not a “general physical examination” as noticed, and limit it to the parts of the body which have been placed into controversy. You should object to any physical examination beyond the parts of the body which plaintiff has placed in controversy.