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Michael Raymond Daymude

Michael Daymude’s Answers

7,316 total

  • Am I supposed to answer my own interrogatories - or is that my attorney's job?

    I don't mind dealing with those interrogatories that ask questions I can answer - my name, address, etc. - but there are some 170 interrogatories related to the claim that are way out of my league.. Isn't this my attorney's job? He says he will ...

    Michael’s Answer

    The interrogatories are directed to you, not your attorney. You need to take a stab at each one, and answer to the best of your ability.

    If you have filed a breach of contract claim, you should be able to identify any documents which support defendant's breach, i.e., emails, bounced checks, the contract itself, etc. Your attorney will, undoubtedly, modify your answers as required to conform with your obligation under the code and your attorney’s understanding of the facts, or to interpose objections. Still, the initial burden is on you to provide responses to the best of your ability.

    I ask my clients to answer all ROGs by number and, if they are unable to answer a specific ROG, the response should state why they are unable to answer it. If you just throw-up your hands and expect your attorney to do all the work…you may find yourself lawyerless. That is, of course, unless you are timely paying hourly fees so that your lawyer is being adequately compensated.

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  • Does landlord have to replace carpets and drapes? What law/statute enforces this?

    Been a tenant for more than 10 years. Carpets are old. Stains rises up despite professional cleaning (which I pay for) and drapes are starting to tear from sun damage. Both came with apartment and were there before I moved in. Does landlord have t...

    Michael’s Answer

    There is no statute which requires this. If you want new carpet and drapes, negotiate with the landlord for them or get permission to replace them yourself. Rent control has many advantages but one of them is not new carpets and drapes.

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  • Transfer title to house if there are tax liens on it

    My spouse and I currently hold in our names title to our house. The house has tax liens for back taxes. Can my husband transfer the title to the house to me considering that I will take over the mortgage payments and pay the tax liens per the tax ...

    Michael’s Answer

    It is unclear why your husband wishes to give up his interest in the house, or why if there are tax liens each of you will not remain personally liable for those taxes.

    Yes, your husband can quitclaim his interest to anyone, including you. However, it will not affect the validity of the tax liens and may have unintended consequences for you or your husband. Transfers between spouses, to have binding affect between them, must meet higher standards because of a spouses fiduciary duty.

    I strongly suggest you and your husband seek legal advice, including advice from bankruptcy and family law attorneys.

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  • Can i break the locks of my foreclosure property?

    Im the owner of a foreclosure property the tenants and i agree they are going to vacate on dec 20 and leave me work on the outside of the property to clean the trash now they refuse to let me in and put a lock on the gate what can i do can i still...

    Michael’s Answer

    You will need to file court proceedings to legally evict. No, you cannot change the locks. Do not engage in self-help. I strongly suggest you employ an attorney. You may wish to consider cash-for-keys. Good luck.

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    I got behind on my HOA dues (2 months) because I got consumed with taking in 2 children who turned out to be severely emotional disturbed. My HOA stopped taking payment and put into the charges fines that I was disputing. I was told to no longer...

    Michael’s Answer

    • Selected as best answer

    The time to have hired/talked to an attorney was a long time ago. Still, depending on the facts and your present situation, you have options available short of accepting the HOA's payment plan. You owe it to yourself to consult counsel. You may find these blog posts informative: "Unpaid HOA Assessments: Your Rights Under Davis-Stirling" at and
    "Davis-Stirling: Partial Payments Reducing Assessments Must Be Accepted" at

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  • California automatic homestead exemption

    My aunt owns a home in Calif for the last 10 years. She had to go into the hospital and then involuntarily into an assisted living facility for the last year . She wants to return to her residence when able and she will pay for a nurse ...

    Michael’s Answer

    Unfortunately, homestead laws do not provide protection from foreclosure. If your aunt wishes to prevent the foreclosure she must pay the amount demanded. If she has enough money to pay for a full-time nurse, she has enough to bring her payment current.

    Your aunt may get protection in a Chapter 13 BK if her income is sufficient to keep insurance, taxes, and payments to the lienholders current, and fund a Plan.

    Bottom line: your aunt, or her nominated power of attorney, needs to consult an attorney on her behalf and the sooner the better. The longer she waits, the less alternatives will be available. Answers here on Avvo are insufficient for her purposes.

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  • I am insured up to 500 k uninsured motorist car accident and my insurance company not paying for my suffering

    are they liable for negligence lawsuit

    Michael’s Answer

    You need an attorney. Your insurance company is only responsible to you if the other driver is determined to be at least partially at fault AND if your damages exceed the limits of his liability policy. You need counsel. You will not get anything near full value on your own. You may have to arbitrate your UM claim. Seek counsel now so you do not blow any applicable statute of limitations.

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  • Probate

    I filed a creditor's claim form in a probate and have not been paid, however payment was issued to a claim filed after mine. Was I required to file any follow-up documents and is there some way to find out how the claims are being prioritized? Min...

    Michael’s Answer

    I would review the court file as you must take action on a rejected claim within 90 days of rejection, i.e., you must file suit. You may wish to consult counsel.

    You should be aware that Probate Code section 9256 provides: “If within 30 days after a claim is filed the personal representative or the court or judge has refused or neglected to act on the claim, the refusal or neglect may, at the option of the creditor, be deemed equivalent to giving a notice of rejection on the 30th day.” You should also know that suit generally must be filed within 1 year of the date of death of the decedent.

    If your claim has little chance of being accepted, as determined by a lawyer after review and consultation with the administrator or administrator’s attorney, you should not wait to file suit after the 30 day period has expired if you intent to pursue the claim.

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  • Do you have to file a separate appeal for the amended judgment if a post trial costs order was entered after the judgment?

    I filed an appeal for the original judgment. Then I filed an appeal for a follow up costs order. The opposing party then filed an amended judgment combining the original judgment with the cost order. Do I have to file an appeal for the amended jud...

    Michael’s Answer

    Probably. Last I checked, there was a difference of opinion between the courts of appeal with respect to post judgment orders. To be on the safe side file timely separate notices with respect to the judgment and any post judgment orders. Better safe than sorry.

    I would recommend, however, that you have an appellate attorney review the matter promptly. It is unclear what you mean by “amended judgment.” I suspect that you will screw up, if you have not already, and file untimely notices. A client who consulted me recently did just that: filed 3 defective notices. All appeals were dismissed as untimely. No use spinning your wheels and winding up with a more costly award.

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  • Can a intervivous irrevolcable trust be broken

    Mom died when I was 18 .

    Michael’s Answer

    As in most things legal, the answer is: it depends. Your age probably would not have any bearing on the issue and what you mean by "broken" would make all the difference. An attorney would have to review the terms of trust and facts with you before your question could be answered with any certainty.

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