I earned an Order requiring the Defendants to pay me x dollars for my fees and costs. Do I need to submit a Judgment form too?

Or is the ‘Order Awarding fees and costs’ [to me] the same thing as a judgment? [Maricopa County Superior Court]. The judge granted my Application for Fees and Costs with an Order Granting Application for Fees/Costs (to Plaintiff [me]) . It was dated and stated who owed me how much and at what percent of interest accruing per annum. Can I use that to get a writ of garnishment or execution? If not, would I just submit a Judgment form, filled out in accordance with the Order and wait for the judge to sign it?

A: If this is the final ruling of the court then yes, it will essentially be the same thing as a judgment, and you should submit a form of judgment to the court with a blank to enter your attorneys’ fees. But if this is part-way through the case, say as sanctions for a discovery violation, then you wouldn’t submit a form of judgment. The devil could be in the details on this one. It might be worth it to pay a lawyer for an hour of time to make sure you’re doing things right.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by
Re-posted from AVVO Legal Questions & Answers.

What is the tort for filing a counterclaim against a frivolous lawsuit under, Arizona law?

Defending against a retaliatory suit filed in Arizona response to a wage claim filed in a New York Court. Plaintiffs’ NY attorney has written a threatening letter, warning of Az litigation, that threatens jail and is sanctinonable in NY.

Suit for assault but only alleges a threat to throw water in someone’s face. Suit by ex-employer under independent contractor agreement alleges sexual harassment though the employer would be liable if there was harassment.

A: Prevailing on a claim for malicious prosecution (which is probably what you are talking about) is difficult. Basically, you must prove that the claim never had any reasonable basis in fact, and it was brought with the sole purpose of harassing you.

You should consult with an attorney in deciding how to respond to the Arizona lawsuit. This is NOT something you should ignore just because it is retaliatory and outside of New York.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by
Re-posted from AVVO Legal Questions & Answers.

Can the Defendant in a civil court case demand more detail/evidence regarding Plaintiff complaint and disclosure documents?

I am currently involved in a court case- I filed an initial complaint and subsequent disclosure documents and the case is scheduled for mediation. The defendant has replied demanding more detail and stating that the case will be dismissed unless I comply.

She is requesting witness information about somebody who I have not listed as a witness due to their not being relevant to the issue. In her mind this person is relevant. So my real question is, do I have to provide witness info for someone the Defendant does not know beyond them being my “friend” b/c the Defendant demands it? Can I stipulate that I will provide this info if she can explain how it is relevant?

A: Under Arizona Rule of Civil Procedure 26.1, these questions tend to be resolved by judges on a “common sense” basis. In other words, the answer to your question is that the witness must be disclosed if she has relevant information. What is relevant? Well, of course that depends on the facts of your specific case.

It is very unlikely that your case would be dismissed the first time this dispute were brought before a judge. Dismissal usually will only occur if the judge orders you to disclose information and you refuse to do so.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Arizona Litigation Lawyer
Re-posted from AVVO Legal Questions & Answers.

What is a 100 day notice entered by the court in a civil proceeding?

I see a 100 day order was entered by the court in my civil claim. What does that mean and what are the actions that must be taken relative to that?

A: I suspect that you might be referring to a 150-day order. These are issued by the court to try to “move the case along” and remind the parties of the deadlines in the case. You will want to review the order carefully to make sure that you comply with all deadlines, otherwise you will run the risk of having a ruling against you.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Arizona Litigation Lawyer
Re-posted from AVVO Legal Questions & Answers.

Is a party to a lawsuit allowed to file a response to a Non-Party’s filed objection to a subpoena duces tecum?

If a party to a lawsuit serves a non-party with a subpoena duces tecum to produce documents, and the non-party files an objection with the court so as to not comply with the subpoena, are both the Plaintiff and Defendant then allowed to file responses to the non-party’s filed objection?

Additional information
I’m a party to a suit. The opposing party sent a subpoena to a non-party. The non-party filed an objection to the subpoena. I want to file a non-oppositional response to the non-party’s filed objection. Can I do this, or would it be improper?

A: Assuming that you are in Superior Court, the rule to look at is Arizona Rule of Civil Procedure 45. I reviewed it very quickly and didn’t see anything right on point. You may want to review it with more care. I see very little downside to you filing something on the issue so that the judge can have your point of view on the issue.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Arizona Litigation Lawyer
Re-posted from AVVO Legal Questions & Answers.

I was divorced in March of 2011, in the divorce decree I was to sign my rights to the house away. I forgot to do the quit claim.

Q: I forgot to sign the quit claim deed for the home and received a judgment against me for credit card debt. My ex wants to refinance the house but since I am still on it he can’t due to the judgment against me. What are my options to get me off the house?

A: I agree that you should sign and record a quitclaim deed. However, you might also want to contact your former spouse and see if there are any documents required by the lender. This could lessen the risk that your spouse will come after you for violating the divorce decree.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Phoenix Litigation Attorney
Re-posted from AVVO Legal Questions & Answers.

How to drop a defendant of my complaint?

I have a law suit against a corporation and two people, Now I see one person in the case is not responsible for the charge, and I want to drop him off the case. Could you please instruct me how to do that.

A: This is probably not a decision that you should make without an attorney. As a practical matter, you would file a notice of dismissal as to the party who is to be dismissed. However, whether to do it–and what rights to preserve against that party in the future if things change–are issues you should discuss with someone who understands legal procedure. You might even be mistaken as to whether a particular party is “responsible” or not. Sometimes there is legal responsibility for reasons that are not clear to a non-lawyer.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Phoenix Litigation Attorney
Re-posted from AVVO Legal Questions & Answers.

If a check is marked paid in full can I still be sued?

I have a past contract employee that has been paid in full and marked on final check – however he is threatening to sue. He feels he is due more then agreed upon. I want to know if I am still at risk, if taken to court.

A: I have litigated the question of accord and satisfaction, and it can be complicated because it all boils down to what the parties intended. One big factor not mentioned above is whether the “Paid in Full” notation was on the front of the check or the back, where the endorsement goes. It is more likely to be considered an “accord and satisfaction” (meaning you would win the lawsuit) if it it on the back, above the employee’s endorsement. The answer to your question is likely to depend on the specific facts.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Phoenix Litigation Attorney
Re-posted from AVVO Legal Questions & Answers.

Does an attorney have to file a notice of appearance to file a pleading on behalf of a party?

There are 5 Defendants in a personal injury lawsuit, and an attorney sends Plaintiff a formal introduction letter explicitly stating that he is only representing 1 of the 5 named Defendants. The attorney then subsequently files an Answer and Counterclaim on behalf of the 1 Defendant, but also concurrently files a Motion to Dismiss for the other 4 Defendants (whom he never claimed to be representing in his introduction letter). Would the attorney not have to had have first filed a Notice of Appearance for the other 4 Defendants before filing a Motion on their behalf since he first disassociated himself as their attorney of record based on his formal introduction letter to Plaintiff? If not, in what instances would a Notice of Appearance need to be filed?

A: Usually filing a motion to dismiss on behalf of a party would be an initial pleading that would constitute an appearance on behalf of the defendants for whom the motion was filed. But it will depend somewhat on the wording in the motion. If the attorney has been retained by all the defendants to represent them, then the answer is no–the lawyer does not need to file a notice of appearance in addition to filing a motion to dismiss.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Arizona Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.

Do I need to respond or answer if the defendants lawyer is asking the court to dismiss my case with prejudice?

Im claimant. Lawyer of defendnt filed to dismiss w/prejud. I filed a motion of continuance so I could find a lawyer. Could the judge dismiss my case? I received disclosures within 20 calendar days , no copy of venue change was sent. Which filed for default because I didn’t know disclosure was also an answer? Is venue change same as an answer? I thought I had choice. Clerk left it on desk for 3 weeks. You can’t sue the court! Is it ok I responded with continuance motion while I seek help? There is still no decision which court it goes to. Can I keep it in small claims or do I have to agree? If you get disclosure papers is that the same as an answer? Instructions say defendant must change venue before giving answer.

Additional information
Defendant’s attorney was just denied his motion of dismissal and judge sent me papers that say motion to set date for hearing and also said plaintiff can represent herself, yes, I did respond I was looking for a lawyer, now I think I can proceed with these instructions I received.

A: Yes, you need to respond or your case will be dismissed and you will not be able to re-file it. It’s hard to answer your other questions without more information. However, either party can have the case removed from small claims court just by requesting it properly.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Arizona Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.