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Robert Miller

Robert Miller’s Answers

1,689 total


  • do i still need to answer the ud w/in the 5 day timeframe as well ?? i heard 1 attorney saying that they could default me i

    hello... i am a tenant w/ a lease . the erstwhile owner has left me w/ a foreclosed on home w/ a year left on my lease . its now owned by... fannie mae . i was kinda waiting for an offer to relocate or for them to take over my lease... neither hap...

    Robert’s Answer

    The motion to strike is a general appearance, but if the default has not been requested it would be in your best interests to file a formal answer if you believe you have a valid defense. Otherwise the plaintiff could very well take a default against you. It sounds to me that you have already gotten at least 7 months of the additional year you expected, without the payment of any rent, and other than just stalling for time it does not appear there is much of anything to be fighting about. In any regard you should consult with a landlord-tenant attorney in the locality where the case is pending.
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    Disclaimer: California attorney Robert Miller has practiced for since 1967 and restricts his practice to real estate and probate matters in Los Angeles County. 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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  • Need a lawyer...

    I became my permanent resident card holder and entered the US. I started working within a short amount of time here. Then on my way to work I was involved in a hit and run accident involving 2 cars and myself. I was in a coma for 3 weeks and lost ...

    Robert’s Answer

    There are decisions enforcing the support obligation against the sponsor, and it requires a breach of contract lawsuit in the court having jurisdiction of the place of residence of the sponsor. Whether or not the sponsor actually has the financial ability for the enforcement of a judgment against him is something to be determined. The threats would indicate the possible necessity of a restraining order. You should consult an attorney in the location where the sponsor resides.
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    Disclaimer: California attorney Robert Miller has practiced for since 1967 and restricts his practice to real estate and probate matters in Los Angeles County. 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 this fraud?

    We purchased a house in 2011 and assumed the sellers flood policy that had been in effect since 1995 during their ownership. Same agency renewed this policy with us for 2 years following purchase of the home. All of a sudden they decide not to ren...

    Robert’s Answer

    Yes, it appears to be fraud. Recourse may be damages and/or rescission. You should employ an experienced attorney in the locality where the contract was made or to be performed, or where the defendant resides. You should also look for any mediation and arbitration clauses in the purchase agreement. There may be a possible statute of limitations question so you should not delay.
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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 since 1967 and restricts his practice to real estate and probate matters in Los Angeles County. 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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  • 1. Any recourse against my brother for stolen items? 2. Any recourse for sale of home and contents without my knowledge?

    My brother was appointed Durable Power of Attorney for my parents estate. My mother became incapacitated due to AD, approximately 6 years later and was hospitalized. My mother had no health care POA at the time she was admitted to the nursing ho...

    Robert’s Answer

    The Will is of no significance while your mother is still alive. The Power of Attorney is significant, inasmuch as it creates a fiduciary relationship between your brother and your mother and an accounting could be compelled. This may require the appointment of a conservator for your mother and/or her estate. Consult with an experienced probate and/or elder law attorney in the area where the events occurred.
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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 since 1967 and restricts his practice to real estate and probate matters in Los Angeles County. 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 A FOREIGN COMPANY THAT HAS A SALES OPERATION IN CALIFORNIA?

    MY WIFE FELL AND BROKE HER KNEE DURING A VISIT TO AWELL KNOWN CASTLE IN ENGLAND.

    Robert’s Answer

    While it might be theoretically possible to obtain jurisdiction for a lawsuit in California against the sales operation, it is more than likely that the California court would reject the case and force any case to be brought at the place the accident occurred -- England. While doubtful, this response could possibly be different if there is some contractual relationship which could be construed to include the circumstances described. Otherwise, you should consult with local counsel in England.
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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 since 1967 and restricts his practice to real estate and probate matters in Los Angeles County. 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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  • If a written contract is breached by one party then does it void the confidentiality agreement that is attached to the contract?

    Our home was damaged during an installation of a satellite dish from our TV provider. We were told to file a claim and to submit a contractor estimated of damages and that we would be told within 6-8 weeks if they are going to take blame or not. A...

    Robert’s Answer

    Any attorney who answers this would of necessity need to review the actual contract. As a general principle a breach of any contract by one party enables the other to sue to enforce the contract, not ignore it. Since this appears to be an agreement to pay money, and the amount is within the jurisdiction of your local small claims court, that is where you should go. Consult with a local attorney before you do anything.
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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 since 1967 and restricts his practice to real estate and probate matters in Los Angeles County. 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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  • If the wrong parcel number for a property is written incorrectly on the timber harvesting contract can the contract be voided?

    If the parcel number for a property is written incorrectly on a timber harvesting contract, can the. contract be voided?

    Robert’s Answer

    The general rule is that a court will make certain that which can be made certain, which usually involves the court trying to determine the actual understanding of the parties based on their words and conduct both before and after the contract. Voiding the contract would be the last resort when the previously-stated principles cannot be applied. These are general rules under the subject "reformation of contracts" and/or "rescission", and you must consult with an experienced attorney in the locality where the defendant resides and/or where the contract was made or to be performed.
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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 since 1967 and restricts his practice to real estate and probate matters in Los Angeles County. 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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  • Should I say "This case is referred back to the case management program for setting of a trial date" in the proposed order?

    I am filing a motion to continue a trial date so I can explore seeking counsel to represent me in my case.

    Robert’s Answer

    If a trial date has been set, the motion must be directed to the judge who set the trial date and there must be a strong factual showing of good cause for the continuance, including any reasons for not having made the motion earlier and any lack of prejudice to the opposing party. Whether "seeking counsel" is a good reason depends on the timing and history of the case. Motions to continue previously-set trial dates are disfavored, so the earliest and strongest you can make such a motion is strongly recommended.
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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 since 1967 and restricts his practice to real estate and probate matters in Los Angeles County. 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 apply for a mortgage?

    I am non permanent resident pending asylum. I have EAD+valid social security. My B1 visa was expired 2 years ago. Can I apply for a mortgage?

    Robert’s Answer

    There is no legal reason why even an illegal alien cannot own real property and obtain a loan secured by a mortgage, as long as you can find a willing lender. Every lender, institutional and private, makes its own determination as to whom it will make a loan. It is a matter of creditworthiness and security, as well as a matter of cost. The higher the risk, the higher the cost. If you can afford it, there will be a lender out there somewhere who will not be particularly concerned about your immigration status, so don't give up.
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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 since 1967 and restricts his practice to real estate and probate matters in Los Angeles County. 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 uncle is the 2nd joint sponsor for my husband's affidavit of support,will this stop him from getting approved to buy a house?

    Hi.. im in the process of accomplishing affidavit of support for my husband. Since i do not meet income requirements due to unemployment, i will be using my father's income and aside from that, i also have a first joint sponsor and a second joint ...

    Robert’s Answer

    These affidavits of support are not of public record so that it is highly unlikely that any prospective lender would ever obtain any knowledge of the existence of the document and under that circumstance there would not ordinarily be any known impact on your uncle's borrowing ability.
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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 since 1967 and restricts his practice to real estate and probate matters in Los Angeles County. 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.

    See question