EXCHANGED ONLY - NOT PURSUANT TO SALE" can it be used for a quick deed?
A statement such as "This conveyance transfers an interest into or out of a Living Trust, R & T 11930" is used for purposes of claiming an exemption for payment of documentary transfer taxes. The transfer of title to a living trust is usually done via a Trust Transfer Deed, Grant Deed or Quitclaim Deed.See question
Parents left a will stating that if all five siblings had a home at the time of there death then home was to be sold and divided equally. Also stated if one specific sibling did not own his home that he was to stay with the home.
It sounds like you need to consult with a probate attorney.See question
I did not or do owe Marilyn any amount of money for anything which I have a signed statement from a Michael that will verify that.
No, not a civil lawsuit. Perjury is a crime, so it would be up to a prosecuting agency such as the City Attorney's Office or the District Attorney's Office to pursue.See question
The individual who lied to me and my brother about getting having a lawyer draw up the contract will not contribute to the legal costs. What would you do if one of the beneficiaries of a property will not pay one penny towards appraisals, pay for...
In a partition action, pursuant to California Code of Civil Procedure section 874.010, the costs of partition include reasonable attorney's fees incurred or paid by a party for the common benefit.See question
I had a tenant who broke her lease 2.5 months early (she had previously extended it to December 15, 2015, and left beginning of October 2015). She left owing a hefty sum of unpaid rent, which her security deposit will barely cover. My husband ...
Yes, you can mitigate damages by listing the unit at the market rate and/or by listing as a short term rental.See question
I would like to suppress records of an civil small claims action against me from appearing on the Internet at http://www.plainsite.org/. I requested that my name be shortened as I have a unique name pair and was recently the victim of identity the...
There is a procedure for this, but you will not likely be successful. In California, motions to seal records in both civil and criminal cases are governed by California Rules of Court, Rules 2.550 et seq. Under California law, unless confidentiality is required, court records are presumed to be open to the public. (CRC 2.550(c).) An agreement by the parties to file documents under seal is therefore insufficient. Such an arrangement “is entirely inconsistent with the mandatory requirements of rules 2.550 and 2.551 and the constitutional values informing those requirements.” (Savaglio v. Wal–Mart Stores, Inc. (2007) 149 Cal.App.4th 588, 600. )
In order to seal records, the court must “expressly find facts that establish:
(1) There exists an overriding interest that overcomes the right of public access to the record;
(2) The overriding interest supports sealing the record;
(3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;
(4) The proposed sealing is narrowly tailored; and
(5) No less restrictive means exist to achieve the overriding interest.”
California Rules of Court, Rule 2.550(d).
This rule and Rule 2.551 provide a standard and procedures for courts to use when a request is made to seal a record. The standard is based on NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178. These rules apply to civil and criminal cases. They recognize the First Amendment right of access to documents used at trial or as a basis of adjudication. The rules do not apply to records that courts must keep confidential by law. Examples of confidential records to which public access is restricted by law are records of the family conciliation court (Family Code, § 1818(b)), in forma pauperis applications (Cal. Rules of Court, rules 3.54 and 8.26), and search warrant affidavits sealed under People v. Hobbs (1994) 7 Cal.4th 948. The sealed records rules also do not apply to discovery proceedings, motions, and materials that are not used at trial or submitted to the court as a basis for adjudication.
Rule 2.550(d)-(e) is derived from NBC Subsidiary. That decision contains the requirements that the court, before closing a hearing or sealing a transcript, must find an "overriding interest" that supports the closure or sealing, and must make certain express findings. (Id. at pp. 1217-1218.) The decision notes that the First Amendment right of access applies to records filed in both civil and criminal cases as a basis for adjudication.See question
a palm tree leaned in my block wall which devides the two properties causing cracks and blocks falling apart……… c an i sue the home owner for those damages?
Yes, you can sue your next door neighbor for at least half of the cost to repair or replace the block wall after giving 30 days notice.See question
My client in California has not paid their bills ($1000-2000 range) in over a year for media production work we did for them. We don't have a written/signed contract, but do have a chain of emails where they signified that they would choose us, th...
You can sue for breach of oral contract. Although you could hire a lawyer to file a limited jurisdiction small claims court case, your best option is to file a small claims lawsuit, which is faster and cheaper. However, there is no guarantee that you will receive payment even after winning a judgment , so you will need to carefully consider whether it is economically worthwhile to make a trip to California for the small claims court trial. Your travel expenses are not recoverable.See question
Appearance in filing case
Yes, if you are a plaintiff bringing a new lawsuit, you need to pay a first appearance filing fee to the superior court. Generally, this is $435 for unlimited jurisdiction cases for the plaintiff and $435 for each defendant. In addition, you may be obligated to pay attorney fees and costs if you hire an attorney to represent you.See question
More specifically, are there grounds for objection when a doe amendment is made after the close of discovery? Is there case law in this area?
Yes, a defendant brought into a pending lawsuit as a Doe defendant so late in the litigation could certainly object that it is unduly prejudicial to bring in that Doe defendant after the discovery cut-off. The court could either sever the case for a separate trial against the Doe defendant or re-open discovery pursuant to California Code of Civil Procedure Section 2024.050 and continue the current trial in order to permit the new Doe defendant to conduct discovery.See question