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Michael Raymond Daymude
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Michael Daymude’s Answers

7,440 total


  • How does probate law resolve a testamentary document with community property law in California concerning a bank account?

    My dad had a will. He was married to my mom. He and my mom had been married their whole lives. My dad had a bank account, which was exclusively in his name, whereby he put some of the money he earned from work into it. He recently died and lef...

    Michael’s Answer

    My colleagues have provided excellent guidance. Bottom line: your mother should consult and retain probate counsel. Your dad can only dispose of his interest in community property. Your mother may be forced with an election to take under the terms of trust or take her interest in community property. There are other issues to consider. Good luck.

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  • The hearing on a motion is 2/16/2016. When is my opposition due considering holidays?

    There are two court holidays this month. I was served with a motion with the hearing on 2/16/2016. When must my opposition be personally served on the opposing party? I was reading CRC 1.10(b) and was figuring I had two extra days due to the two h...

    Michael’s Answer

    The last day to file and serve is Monday, February 1. You can use overnight delivery service or personal delivery for service on the 1st. Remember, a party cannot serve documents themselves.

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  • Can a defendant file a demurer after answering the complaint? civil litigation; malicious prosecution.

    i being sued for malicious prosecution. I have only filed one complaint against this person, which I filed after he sued me.

    Michael’s Answer

    Your question is not clear. A defendant may demurrer and answer simultaneously but a defendant cannot demurrer *after* answering. If you are being sued, you should consult and retain counsel. You should strongly consider an anti-SLAPP motion if the facts warrant and you still have time. Good luck.

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  • If the SOL has tolled on the note to collect on the 2nd, does the lender still have the ability and right to foreclose?

    Own a home in LA county that has a 1st and 2nd. Did a loan remod with BoA (which then sold loan to Nation Star Mortgage) and have been current, no issues. Have not paid on the 2nd for 5 years. Collections on 2nd are through Real Time Solutions a...

    Michael’s Answer

    The mere fact you have not paid on the 2nd does not mean the security interest is void or SOL on the note has run.

    Your statement regarding tolling seems in error. Tolling has to do with suspension of the running of SOL, it does not shorten the SOL.

    The holder of the 2nd will probably just wait until they believe there is sufficient equity in the property to justify foreclosure. The longer they hold off...the less likely you will be able to reinstate.

    I strongly suggest you consult counsel if you wish to keep your home. You’re barking up several wrong trees.

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  • I am looking for a attorney specializing in private nuisance cases.

    I need an experienced real estate lawyer for a private nuisance case. I am looking to hire!

    Michael’s Answer

    Use the "Find a Lawyer" function here on Avvo. 'Private nuisance" is a very broad area. You do not mention if you are plaintiff or defendant, nor any facts. Facts are important if you are seeking an experienced attorney since the circumstances that might constitute a nuisance are as varied as an attorney’s experience. Good luck.

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  • Can I file a claim to recuperate attorney fees?

    Brother was shot by an lasd on his back and was accused of assault on an lasd deputy they lied on their reports I had to hire an attorney to proof his innocents and he wasn't found guilty for the assault accusations I'm still in debt due to atto...

    Michael’s Answer

    "Can I file a claim to recuperate attorney fees?" -- No. I don't see a claim. If there were a claim, it would belong to your brother, not you.

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  • Do code of ethics have any legal standing? Can they be used as a defense or stated in / or as a cause of action?

    I want to use code of ethics in my civil complaint.

    Michael’s Answer

    You need to consult counsel. Your post makes no legal sense. If you are going to represent yourself, respectfully, it will be a waste of everyone's time, including yours.

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  • How can I get prosecution for retaliation, theft of my deposit, & attempted eviction due to my emotional support animals?

    My landlord filed eviction against me even though i provided the service animal certificates for the 2 dogs. They demand to know what the disability is. I have 2 doctor's letter stating they are emotional support dogs. I was retaliated against by ...

    Michael’s Answer

    You must be able to connect your disability to the need for an emotional support animal, if your disability is not apparent. The demand by the landlord may be reasonable. It is unclear if you have a right to 2 emotional support dogs. If you believe you have a claim against your landlord you can retain counsel or file a small claims action.

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  • When should the executor take care of things in the t? Can I see the lawyer with her when they go over things in trust. I don't

    Trust and sister is executor.

    Michael’s Answer

    You are going to have to add facts toy our question if you want any meaningful answers here. An executor does not "take care of things in trust." A trustee or successor trustee handles that function. Whether you can see "the lawyer" with her depends on her and her attorney.

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