Pamela A Wilson's Answers

How do you obtain a request for entry of dismissal with prejudice from Zwicker?

Tell them you would like to discuss it but would require a written release of any and all other claims they alleged have. Don't do it over the phone without a signed release from them.

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Can an F1 student be adopted by a relative?

Yes. See a family law attorney in your county. Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only. Laws differ from state to state and each case turns on facts specific to the case and parties thereto, thus this answer does not constitute legal...

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What can we do with neighbors who let their children run in street and scream all night till midnight?

If you don't want to involve Dept. of Children & Family Services you can sue them for private nuisance (interference with your quiet enjoyment of your real estate) and there may be a city noise ordinance that has been violated. Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for...

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How do I make a change/removal of a successor trustee?

California Probate code section 15642. (a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a settlor, cotrustee, or beneficiary under Section 17200. (b) The grounds for removal of a trustee by the court include the following: (1) Where the trustee has committed a breach of the trust. (2) Where the trustee is insolvent or otherwise unfit to administer the trust. (3) Where hostility or lack of cooperation...

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A foreclosure trustee sale w/o giving owner notice, what recourse do I have?

Foreclosure notices are required by statute. Contact a foreclosure firm in LA county and show them the paperwork you have. Had you purchased the property as a primary residence and then failed to reside there? Did the notice of trustee sale go to a different address than where you live? More information will be needed by the attorney you select so have all your purchase documents and related information with you when you go for the initial consultation to move things along. If it is true...

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Harrassment through Litigation in California

I concur with Mr. Fink's suggestion about vexatious litigant rule. Also, if you go to verdict in any case in which he has sued you and you win you can sue him for malicious prosecution if the facts are such that he had no reasonable/probable cause to bring the action in the first place and did so maliciously and/or in reckless disregard of the fact he had no valid claim against you. His attorney can also be sued for malicious prosecution for signing the pleadings if you won the underlying...

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Car accident litigation - now filing for bankruptcy - been in ligtigation for 14 months. Checked into filing bankruptcy

You need to get a second opinion from a bankruptcy lawyer in a different legal community in California who is not afraid to advise you that your lawyer may be giving you bad advice. The job of the bankruptcy trustee will be to gather assets to pay creditors - including from monies you may recover in the car accident case. If the court thinks you're just declaring BK to avoid debts while holding an Ace in your hand you could get in legal trouble involving allegations of fraud and end up not...

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Who can be served on behalf of a corporation?

Go to legalinfo.ca.gov and go to California Code of Civil Procedure sections 416.10-416.90. Different rules may come into play if the corporation is outside of California. Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only. Laws differ from...

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Can a power of attorney change the beneficiary on a life insurance policy

The person who was given the power of attorney acts as the agent of the person who gave them the power of attorney and thus can change a beneficiary if that is what is consistent with the person's instructions. That doesn't mean there can't be claims of undue influence against the person with the power of attorney. Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this...

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My son was in a rearending accident.

Contact your state bar and ask for information about plaintiff's attorneys in your county, whether they have any record of discipline, go online and look up information about superlawyers in your town, ask friends, check online for any news stories about the lawyers you are considering, meet with them and ask how many cases they've handled and won that are like yours, ask for a fee schedule. Usually lawyers charge 33 1/3 of any recovery in a personal injury case to handle it up to time of...

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