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Robin Mashal

Robin Mashal’s Answers

3,184 total


  • Can a CCP 998 offer be kept confidential?

    I am in a multi-party lawsuit and want to submit a 998 offer to one party without disclosing the amount to other parties. Do I have to serve the offer on all of the parties or can it be kept confidential?

    Robin’s Answer

    Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    CCP Section 998 offers must be served on all parties who have appeared in the action. As well, if the offeree wishes to accept the offer, the acceptance must be served on all parties who have appeared in the action before it can be filed with the court. Outside the scope of CCP Section 998, you can have settlement discussions with one or more parties without need to serve copies on the other parties. Even then, sometimes the settlement may become known to the remaining parties. For example, where a plaintiff alleges claims against several defendants as joint tortfeasors, if plaintiff wishes to settle with less than all of those tortfeasors, it may be necessary to bring a motion under CCP 877.6 for the court to determine good faith settlement. Be sure to consult your own attorney to protect your legal rights.

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  • Statue of limitations

    When judgement awarded in court, the party that was ordered to pay back the money filed bankruptcy after the fact. can you file bankruptcy on court order judgement? after the bankruptcy the party that filed received over million dollar settlement ...

    Robin’s Answer

    Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    Yes, bankruptcy petition may be filed before or after the entry of judgment. Bankruptcy petitions are signed and verified under the penalty of perjury. If you believe this debtor has committed perjury in the bankruptcy petition disclosures, or has failed to report certain income or assets, you need to take immediate action. I suggest you immediately retain an attorney who is familiar with this area of law, and your attorney can advise you of your options.

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  • Do you like to file a motion to compel further responses to interrogatories that gave answers mixed with boilerplate objections?

    A party interposes objections with answers to interrogatories. Let's assume you agree the objections are boilerplate & you subjectively deem some answers to be "partial" & others "complete". E.g., a "yes" answer to a question requiring a simple "y...

    Robin’s Answer

    Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    If responses have been served on you, and you believe the responses to be deficient, you have to immediately meet and confer with the responding party. If meet and confer efforts are not fruitful, then you can bring your motions to compel further responses. Responding party had 30 days to state any objections and if responses were served beyond the 30 day period, the objections are waived. This is a fairly technical are of law. You should retain an experienced attorney to represent you.

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  • I was granted a house and given the land in 4/2012. I didn't know until 7/2014 that I was the sole owner. There was a mortgage a

    I was granted a house and given the land in 4/2012. I didn't know until 7/2014 that I was the sole owner. There was a mortgage at that time with Chase bank. In 9/2014 I went to Chase and informed them I was the owner. At that time they said as lon...

    Robin’s Answer

    Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    Your description raises several questions. Rather than trying to speculate how the bank arrived at the $200,000 number, you may want to ask them to share their computation with you. Be sure to consult your own attorney to protect your legal rights.

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  • How do I have deed changed into my name after fathers death without signed will, a simple estate ,trying to get house insurance

    need name on deceased father deed to get house insurance, have unsigned will naming me as executor as survivor

    Robin’s Answer

    Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    I am sorry for your loss. You need to initiate a probate for your father's estate. If the will you refer to was entirely handwritten by your father, it may qualify as a "holographic will." Otherwise, the court will determine who your father's heirs are and distribute his net estate according to the intestacy statutes, Section 6400 et. seq. of the California Probate Code (see link below). Be sure to consult your own attorney to protect your legal rights.

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  • My landlord had his 2 sons and 2 co. empl. remove 100% of my possesions from my garage and prop.It was all taken to the dump

    there is no eviction in force. Been there 5 years. also work(ed) there. the authorities arrived mins. after they ran a pit maneuver almost ramming my car with a tractor. I live on back side of the company yard. we had been inspected by city 10 day...

    Robin’s Answer

    Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    Based on your short description, I am not clear if you are a tenant of the property, and whether the possession of the garage was given to you. If the property owner knew the garage contents belong to you, then the landlord had to give you notice to move the contents and then bring unlawful detainer action. Otherwise, the landlord's actions may give rise to causes of action for forcible detainer, conversion, etc. Be sure to consult your own attorney to protect your legal rights.

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  • Amending a motion to reconsider

    My attorney previously filed a motion to compel production for documents not provided in oppositions response to an RFP. A temp judge heard the motion and denied it without comment. My attorney then filed a motion to reconsider based on new facts ...

    Robin’s Answer

    Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    Your attorney will decide the best strategy for your case. Perhaps there is opportunity to file supplemental briefing with the court.

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  • Is there a Civil Code Section which states that a Promissory Note and a Deed of Trust must be signed at the same time.

    My sister loaned my parents $70,000 and then 4 years later had them sign a Promissory Note and then 7 months later they signed a Deed of Trust against their home. Is that a valid Promissory Note. Doesn't the Promissory Note have to have some sor...

    Robin’s Answer

    Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    Usually the loan documents are signed in close time proximity to the loan being funded. To inquire into the validity of your parents' situation, one would need to understand the parties prior communications and agreements. Be sure to consult your own attorney to protect your legal rights.

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  • How can I remove my attorney from court ?

    I'm not happy with my current attorney. I want to represent myself in court. My court is in vista ca. He's currently representing me for custody and chikd suport. My hearing is in 2 weeks. Do I have enough time to remove him from the case and...

    Robin’s Answer

    Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    You always have the option to represent yourself, and you may choose to fire your attorney if that would be in your best interest. Simply contact your attorney and let she/he know you want to be self-represented. You and your attorney will need to sign a "substitution of attorney" form which form has to be served on all interested parties and filed with the court clerk. If you decide you want to hire a new attorney in place of your existing attorney, the new attorney can contact your existing attorney about signing substitution of attorney form. Good luck to you.

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  • Husband in New Zealand for 3yrs now, too expensive to have him served down the, over $750.

    filed here in CA 3yrs ago as well. 2014 sent him "Notice and Acknowledgement of Receipt" Did not receive his return signature ( he works at the post office there) I Have a copy and case # of of US tracking the registered letter and date it arrive...

    Robin’s Answer

    Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    Subsection (c) of Section 413.10 of the California Code of Civil Procedure allows service of summons outside the United States. This includes any methods by which summons can be served inside California (personal service, substitute service, service by publication), certified or registered mail with return receipt requested, or any other method allowed by the laws of that foreign jurisdiction. The statute also references Hague Service Convention. For those countries that are signatories to the Hague Convention, the convention applies to service of process (see web link below). According to the U.S. Department of State web site (see link below), New Zealand has been a signatory to the Hague Convention since 10/01/1991. Once you have proper proof of service of summons, you can file it with the court clerk and move forward with your case. I suggest you immediately consult your own attorney to protect your legal rights.

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