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Robert Miller

Robert Miller’s Answers

1,689 total


  • California state law suit - can a party subpoena a witness who lives in a different country?

    Hi. I live in Taiwan. Occasionally, I travel to U.S. for a conference or vacation (once every few years). I received a subpoena for deposition by mail for a lawsuit in orange county, california. It's a California deposition subpoena for person...

    Robert’s Answer

    It is not completely clear in the question as to whether you are a party (plaintiff or defendant), or non-party (just a person who may have some information wanted by a party). Assuming that you are a non-party witness, the answer is that you may ignore the subpoena. The burden will be upon the party who wants your deposition to try and work it out in a way satisfactory to yourself. If you happen to get personally served with the deposition subpoena during one of your trips to California, however, the answer would be different.
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    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • Defamation Suit?

    A Condo Association Board of Directors Member WAS accused of causing the failure of a sale, which had a Lis Pendens, by the sellers Attorney to the Associations Attorney. Investigations have proven the claim to be untrue. Should a defamation sui...

    Robert’s Answer

    I can only answer one part of this question. The recording of a lis pendens is privileged, meaning that whether it is right or wrong, there will be no defamation suit possible for the wrongful recordation of a lis pendens. There are some very narrow exceptions to this rule which do not appear in the question.
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    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • Understanding the Trustee-Beneficiary relationship

    I am a grandchild and one of multiple beneficiaries of a family trust created by grandparents. The Trustee is a blood relative who is the child of the grantor. The Trustee has personality characteristics that create tension and problems for the ...

    Robert’s Answer

    The trust document controls everything except to the extent it is controlled by state law. The most basic principle is the fiduciary duty the trustee has to treat all beneficiaries fairly and not engage in self-dealing or favor one beneficiary over another. Other than basic notices and accountings, there is no duty of the trustee to speak or otherwise deal with any of the beneficiaries which, of course, leads to suspicions where there is lack of communication. We do not know how long the trustee has been in charge or what assets are involved, but everything takes a "reasonable time" to deal with, which could easily be up to a year more or less depending on what is involved. The beneficiaries should also be reasonable during this time and let the trustee do his job. When things become unreasonable and it appears the trustee is not complying with his obligations, then you must employ an attorney at the county where the trustee resides to commence a court action to compel the trustee to perform, account, and/or be removed.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • What is the average cost to file a civil ejectment case and how long until a court date?

    Plaintiff was told by Judge to file ejectment against a rent controlled tenant owed relocation assistance.Is this really worth it for plaintiff?

    Robert’s Answer

    This would be a highly unusual circumstance and merits consultation with an experienced landlord tenant attorney. Bluntly, any civil case today anywhere in Los Angeles County could be expected to take a year or two if not more, and tens of thousands of dollars in legal and other expenses.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • Responding to discovery, do I need to use pleading paper?

    I received a request for admissions, request for production of documents, and special interrogatories. Do I have to respond on special paper? Do my responses have to be typed, or can they be handwritten?

    Robert’s Answer

    No, there is no special paper nor must the responses be typewritten. The requirement is simply that the responses be timely, truthful, and under oath. Having said that, one main purpose of such written discovery is to impeach (use against) the responding party at trial or in later proceedings, so this is not a place to be sloppy. If there are any serious consequences that could come out of this litigation, it would be best to consult with counsel.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • What is a forced partition of property?

    I understand taxes must be paid rather I have money or not for my portion. I guess I also understand to keep the property up to par one sibling or all must pay their portion and even carry extra for the one that is unable to pay their portion. How...

    Robert’s Answer

    • Selected as best answer

    I have an article on the subject here. http://www.avvo.com/legal-guides/ugc/partition-co-ownership-and-how-to-get-out-of-it
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
    **************************************
    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • My aunt isn't paying property tax. If I pay it for her can I hold onto the property if she doesn't repay me?

    Union county Ky. She owes property tax for this year. If I pay the taxes and she doesn't repay me can I keep her property as repayment? How does that work?

    Robert’s Answer

    If she will give you a security interest such as a mortgage, deed of trust or other lien to protect your investment, that would be wise. To simply "volunteer" and make those payments without a written agreement could be construed as a gift. To pay the taxes and ultimately keep the property would require you to adversely occupy and possess the property by putting the aunt out and keeping her out in a hostile and notorious manner for several years, which would not sound appropriate here.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • The HOA sent a letter to notify me of a foreclosure date in 2 weeks. What options can be taken to stop the foreclosure ?

    I've been laid off from work and had overdue HOA fees. I've been working things out with my mortgage company but the HOA said they have set a foreclosure date. The monthly HOA fee is more than the mortgage payment. The property is located in Mary...

    Robert’s Answer

    HOA means Homeowner Association, meaning other owners like you. If you do not pay your dues to repair and maintain all the common areas, pay for insurance, etc., the owners of all the other units are required to make up those payments, and that is not fair either. If you are not able to pay, which is the best to avoid complete loss, or mediate the dispute with the Board, or sell while you still can, then foreclosure is what you agreed to when you bought the unit.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
    **************************************
    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • Is it true that is the envelope is postmarked a date before the bill is due that it it not late in CA?

    The recruiting agency said that because our fee is late then the contract is null and void

    Robert’s Answer

    No, it is not true that payment is made on the day of postmarking, although some government agencies have adopted that rule, but nearly everyone else requires the actual receipt of payment regardless of when it may have been mailed or postmarked.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
    **************************************
    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • Can I sue girlfriend's ESTATE to recover part of her mortgage I paid, repairs and out-of-pocket expenses before/after her death?

    I lived with my girlfriend 13 years. Last three (3) years she purchased home. I paid a third of mortgage, daughter and her husband paid a third. I made repairs as needed, replaced water heaters, and other household equipment (out of pocket) with ...

    Robert’s Answer

    Any creditor can file a creditor's claim in the probate estate of a decedent within 4 months after issuance of letters of administration. If the claim is rejected, lawsuit for damages may be commenced against the estate. None of this has anything to do with forestalling or delaying any foreclosure, and if there is no equity or other assets, a creditor's claim would probably be a waste of time. If there is significant equity, then someone would have to keep up the payments long enough to sell the property. This gets more complicated and if there are significant sums of money involved, it would be wise to consult with an experienced attorney.

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