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Michael Raymond Daymude
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Michael Daymude’s Answers

7,441 total


  • Is a specific person required to verify discovery responses?

    I asked for production of documents and opposing attorney produced some documents that are completely irrelevant. Regardless, I believe his verification is defective since I don't believe the verifier knows anything about the discovery requested,...

    Michael’s Answer

    It could be valid depending on the employer's legal status. A discovery verification is different from a verification of a pleading.

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  • Upon which of two dates does 2-year statute of limitations begin to run to file malicious prosecution case:

    If Dismissal of Adversary's underlying lawsuit was Entered August 1st and the Dismissal Notice connected thereto was entered September 1st, upon which date, August or September, does 2-year statute of limitations begin to run based on this informa...

    Michael’s Answer

    • Selected as best answer

    This sounds like a law school question. You may even have the wrong SOL. Based upon this information only, it is not possible to answer.

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  • Change of Corporate address in California

    I plan to change our corporate address, in this case, can we just download a paper do it ourself or hire someone to change it for us. Also, who will file this application, the governing people of the corporation or the service agent? How much be...

    Michael’s Answer

    You will need to change this information with the CA secretary of state. You should be able to file the required form yourself, provided you have appropriate corporate authority. You will need to list an agent for service of process. You may also have to change the address for your local business license.

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  • Am I correct in believing that I do not have to disclose those dismissed cases?

    I have a couple of arrests that ended with a disposition of dismissed on my record. I need to renew my teaching credential and below are the directions on what I have to disclose. Disclose: All misdemeanor or felony criminal convictions inclu...

    Michael’s Answer

    If you were merely arrested and your case was dismissed at arraignment and there was no plea or other disposition that resulted at any time to a plea other than not guilty, you should be safe.

    However, some cases are dismissed after diversion and the terms of diversion vary. If I were you, since failure to report is a separate grounds for revocation or non-renewal, I would make an appointment with a licensing attorney. Prior to the appointment, I would obtain a copy of the dockets and any pertinent court records for the attorney to review.

    A licensing attorney can then help you accurately complete your renewal application.

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  • Promissory Loan

    My ex wife and I took a loan from my ex's mother back in 2007 when I was married for 52K @ 7.75% interest. My ex and I finalized our divorce in 2013 and in 2014, My ex mother-in-law modified the loan. However, the original promissory agreement is...

    Michael’s Answer

    Your ex might have better luck. Or, your attorney that handled the dissolution. You can always file suit for an accounting.

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  • Do I need an attorney? I called an attorney and he charges 3,450 for a family trust and will.

    my father was diagnosed with terminal cancer, he had no medical insurance therefore he applied for medi-cal. we where advised when the time comes and he expires medi-cal will take over the house to recover their money. the house is the only thing...

    Michael’s Answer

    Your father needs to consult an elder law attorney. He needs to be worried about continued eligibility for Medi-Cal and perhaps other government benefits such as SSI.
    Transfers such as the ones you mention may make him ineligible for 5 years.

    Since the house is presently in your father's name, any trust would have to be a self-settled trust. Rules regarding self-settled special needs trusts are very technical and what your father hopes to accomplish may not be possible.

    An hour consultation with an elder law attorney would be in order. Do not take any action on your own or based upon advice except from a qualified attorney. You may use the “Find a Lawyer” function here on Avvo to locate an Elder Law attorney or you can find one through these two organizations: National Academy of Elder Law Attorneys, Inc., at http://www.naela.org. or
    National Elder Law Foundation at http://www.http://nelf.org.

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  • Now I am thinking my lawyer is totally unethical and out for himself. Is there some ethical breech here? Thanks

    I am being sued by someone for an online blog that I did not create. I explained to my lawyer that I did not do it. He decided that we should demurrer the postings do not specify the plaintiff's last name. I thought it was a ridiculous thing to do...

    Michael’s Answer

    A demurrer can be a very useful tool to end a matter quickly. It certainly is not an ethical breach to demurrer to a complaint, as opposed to responding in some other fashion. What type of response did you feel was more appropriate?

    Rulings that appear to have no initial benefit may still be worthwhile: they educate the judge about the case and refine issues. They may also serve the intangible purpose of introducing the judge to the parties and attorneys involved.

    Your attorney should consider an anti-SLAPP motion if the allegations warrant it. Hopefully, you are still within the 60 day period.

    I disagree that simply having the IP, or not, will make or break your case. IPs may change and the determining the identity of any specific person by IP is impossible.

    BTW, if you’re upset about $2,500…just wait. Litigation, unless resolved early, can be *very* expensive. Unless you are able to resolve this matter quickly, be prepared for a long, expensive ride. Have you checked your homeowner’s or renter’s insurance for coverage?

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  • How will I have the most success overcoming anti slapp?

    I am filing a defamation case. I anticipate that this will be followed up by ANTI SLAPP on the other parties behalf. What is the best way to overcome the anti slapp?

    Michael’s Answer

    The best way to “overcome” an anti-SLAPP motion is *not* to file a defamation action which is subject to it. Your exposure for attorney's fees is just too great.

    You need the advice and counsel of an independent, knowledgeable attorney regarding the probability of prevailing on your claim if it satisfies the first prong. Unless that probability is high based upon your current available proof, lick your wounds and stay home. You do not want the best days of your life to be the days *before* you filed your lawsuit.

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  • Do we need to write a formal stipulation to amend the complaint after the defendants' answer/demurrer is due?

    I filed a lawsuit. Defense and I stipulated that their answer due date was extended by 15 days. The defense sent a meet and confer letter to demurrer the complaint. I plan to amend the complaint. However, the complaint will be amended and filed af...

    Michael’s Answer

    The question should be do you need a stipulation and order or a written agreement with opposing counsel. You have already used up the ability to grant an extension by agreement. The best practice is simply to file your amended complaint within their time to file a response.

    If that is not possible, and if it will be filed very shortly after, an agreement with defendants that they have a further extension to enable you to file an amended complaint should be OK. However, it they balk or if you need more than a few days additional time, I vote for a stipulation and order. This is a situation where a good working relationship with opposing counsel is helpful.

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  • Point 1. should I demure or file an M.S.J.? Point 2. What case, code or policy exists on this topic?

    I have been sued by my former employer. They claim their damages are my entire 3 1/2 salary including withheld taxes & medical insurance payments. The allegation is breach of contract & fraudulent inducement. I have two questions. 1. They do n...

    Michael’s Answer

    I too urge you to consult and retain counsel. A demurrer is the proper vehicle but it must be filed within the time to plead. You probably have very little time left. Lawsuits always turn our better when an attorney is consulted and retained early. Good luck.

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