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Michael Raymond Daymude

Michael Daymude’s Answers

7,312 total

  • The State Bar dismissed my complaint about an attorney charging me for nothing but said I was eligible for attorney client fee

    arbitration, however I am finding extremely hard deal with the State Bar. Just for them to send a letter acknowledging my complaint took months. Are there any other associations or agencies that can help? Better Business Bureau and Department of C...

    Michael’s Answer

    Your question is confusing when you write the disputed amount is small compared to the fees. What are you fighting about? Pay the undisputed amount. If it is small as you say, your lawyer will probably write off the balance. If this does not work, your option is fee arbitration if you still have time to request it or a lawsuit by either you or the attorney.

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  • Commercial Business insurance claim was made after burglary, they requested phone statements with itemized call detail..

    Even if i provide them with the statement of calls, how can they verify? Are they asking for the recording or just the log.. BTW: They asked for it before Examination Under Oath.

    Michael’s Answer

    This is unusual. I assume you have already filed and documented your claim. It appears the adjuster is only asking for your monthly phone bills. However, if your phone calls are recorded that may be the next step. A word of caution: do not destroy evidence. That may have its own adverse consequences. Your phone records can be verified via subpoena to the phone company. I agree with my colleagues who have opined that you should seek the advice and counsel of an attorney. It appears your carrier believes you have presented a fraudulent insurance claim.

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  • I've paid from personal account as a loan to my sole proprietor business for expenses. Can the business deduct expenses in 2015?

    I have a business I just started. I haven't had an income, but I have expenses for office supplies. I have been loaning the money to my business from my personal account with cash to make these purchases and plan to be paid back by the company onc...

    Michael’s Answer

    I suggest you have a sit-down with an accountant. You and your sole proprietorship business and one and the same. It is clear from your question you need professional advice. You need at least a city business license. Depending on the nature of your business, you may have other license requirements, including the filing of a fictitious business name statement. Yes, you may deduce business expenses on Schedule C when you file your yearly 1040.

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  • Is it a fraudulent conveyance of property if a person who quit claims his home to his family is not n his medication when he doe

    s this? If a bipolar person gets arrested for a misdemeanor, stays in jail 2 days, gets released, has to walk home, and then his family tells him he needs to get help, convinces him to quit claim his home of 40 yrs, to 1 of them for free, and make...

    Michael’s Answer

    A fraudulent conveyance has to do with conveyances to avoid debt. The transfer you mention may be set aside if due to undue influence. However, the person who conveyed the property or his conservator or attorney-in-fact would have to institute proceedings to set aside the transfer. The individual you mention should seek the advice and counsel of an attorney.

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  • Trust Long Beach, Calif.

    I am a beneficiary of a trust. The professional trustee did file an accounting and it was just approved. It is an active trust but there is not be another "scheduled trust hearing "for a year. Word of mouth I just found out about some p...

    Michael’s Answer

    You cannot issue a subpoena yourself. A subpoena requires an active petition.

    The trustee's duty to report is broader and different from the duty to account. You should be able to get the information you need from the trustee, assuming the trustee has the information. As a beneficiary, the documentation you are entitled to as opposed to information, absent a court order is limited.

    You do not mention why you "need to see" papers regarding an arbitration or how the arbitration relates to your interest in the trust. I suspect you are entitled to *very* limited information regarding a pending matter and probably few, if any, documents. However, that would depend on the issues presented, your interest, and the documentation you seek.

    You would be well advised to seek the advice of an attorney who is able to review the facts and circumstances with you. An attorney may be able to accomplish informally what you cannot. Good luck.

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  • Does a conflict-of-interest exist if a law firm represented me & my partner years ago now appears for a doctor that I am suing?

    I filed an LASC complaint against a doctor. I have received a response from a law firm that I recognize represented me and my CPA partner years ago when a client sued us claiming we made a mistake on his tax return and caused his divorce. Total no...

    Michael’s Answer

    This sounds like a law school question.

    A conflict may exist, but it is not possible to give a definitive answer because crucial facts are missing. In many cases, a firm can institute a firewall so that a single lawyer, not involved in the prior representation, may represent in the situation you describe.

    The State Bar will not offer an opinion. The most the Bar will do is investigate and determine whether to bring ethics charges. That will take years. You need an attorney now.

    On the face of it, you have not made a conflict case. I assume the matters are unrelated and that confidential information applicable to the current representation was not exchanged.

    You do not state why you have sued a doctor. If for malpractice, you need a medical malpractice lawyer. Otherwise, you need an experienced litigator.

    Litigation is expensive. Spend your money wisely. A conflict motion is costly and does not bring your any closer to resolution of you case. Good luck.

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  • Purchased home 2005 and had a purchase money second mortgage - in 2006 I refinanced the second for a better rate

    if I am foreclosed by the first is my second still a non-recourse loan since no money was taken out?

    Michael’s Answer

    Unfortunately, no. The newer anti-deficiency protections which would apply, implemented in 2013, are applicable only to a “loan, refinance, or other credit transaction used to refinance a purchase money loan which is executed on or after January 1, 2013.” For more on this issue, see my blog post: "Anti-deficiency Statutes Summarized" at

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  • Estate/insolvent/Calif

    Who gets paid in an insolvent estate ? My mother died. She was partners in an investment property. She signed the mortgage on the investment property as an individual and as the trustee of her estate. Even at death she is on the ...

    Michael’s Answer

    Have you spoken with a probate or trust attorney? There are many other issues you must deal with and the situation might not be as grave as you state.

    The investment property should satisfy the mortgage if sold or if foreclosed. The judgment will have to be paid but other debts, such as taxes, may have priority.

    You owe it to yourself to retain an attorney to represent you as successor trustee. I assume all assets are held in trust and you are the named the successor trustee. BTW, assets held in joint tenancy pass to you by operation of law.

    Given the issues, and especially if you are not the sole beneficiary, you owe it to yourself to retain counsel.

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  • My lawyer wants out of our relationship and is no longer providing competent representation. What can I do?

    My lawyer has served a complaint and begun representation. He no longer wants to do this because of a dispute we have concerning payment of services rendered.. He has stopped accepting responses I have to defense inquiries, putting the case in j...

    Michael’s Answer

    Until your lawyer is relieved, either by the court in response to his motion or by you via a voluntary substitution of attorney, he will not turn over your case documents. How could he continue to represent you without the case file?

    No court is going to force your lawyer to continue to represent you if you have a dispute over payment, if a complaint has just been served. Your best option is to voluntarily retain other counsel. If your lawyer has "really screwed things up" you have your remedies *after* he is relieved.

    If you can, it would be best if you could work out an acceptable agreement with your present lawyer for continued representation. Many lawyers will refuse to accept a case under the circumstances you mention, especially if a motion to be relieved has been filed.

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  • Can an attorney charge me his service fee although we have not started our initial 1 hour consultation as per contract?

    We had a free phone consultation that lasted 15-20 mins. We agreed, signed and paid deposit to start our case. Next day, we changed our minds due to some new findings which we felt would not qualify us for the work the attorney stated should be ...

    Michael’s Answer

    To many facts are missing from your narrative for me to form an opinion. Not all attorneys offer a "free consultation."

    If the contract you signed provided for a consultation, opening the case, and preparation of initial intake documents, for a fixed or hourly fee, what do you want as proof "work was done"?

    Even if a written contract is required for further services, unless the initial agreed services exceeded 4 hours time or $1,000, a written agreement is not required.

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