Skip to main content
Michael Raymond Daymude
Avvo
Pro

Michael Daymude’s Answers

7,132 total


  • What is the normal length of time I can expect to wait to hear from an Attorney if I request an itemized list of fees charged?

    I have requested an itemized list of fees charged against my retainer and a copy of the case file and have received nothing in writing. The request has been submitted numerous times over the last five months and the only thing I have received is....

    Michael’s Answer

    You are entitled to an itemized statement of account upon 10 days request, provided you have not received a statement of account within the last 30 days. If it has been five months -- time to contact the State Bar.

    Unless you are substituting in pro per or retaining other counsel, your attorney may balk at making a copy of your entire case file for you unless the file is all digital. The original of the file belongs to you and, if you are substituting your attorney out, it should be available within the 10 day period too.

    See question 
  • Hello My Grandmother Has A Living Trust The Attorneys That Prepared It Are No Longer In Business. So What Do We Do Now??

    How can we also get another copy of the trust if it is lost???

    Michael’s Answer

    Mr. Shields has provided excellent guidance. Another option, if a bank account is titled in the name of the trust the bank may have a copy or a certificate of trust. If it still cannot be located, restatement is possible.

    See question 
  • How to become Administrator of my dad's estate... under $20k?

    So I'm trying to become administrator of my dad's stuff, he passed away in San gabriel, about $20k. There was no spouse, no children but me. No will. Rented apartment. So I understand that I'm the heir, right? I have been paying his bills an...

    Michael’s Answer

    You probably can transfer all assets to yourself, as sole beneficiary, via affidavit. If so, it is not necessary for you to open an estate or become administrator. It is a simple and straight forward procedure you can handle yourself, or you can retain an attorney to get the job done. I suggest you consult a probate lawyer before you waste anymore of your time.

    See question 
  • What type of defense lawyer should be hired? Lawsuit for unpaid credit debt (below $20 thousand) opened fraudulently in my name.

    The person who originally opened the account is a family member who had access to my personal information. This person is on original documents but is not named in the documents filed related to the lawsuit.

    Michael’s Answer

    Unfortunately, this is not a slam dunk and it will be expensive to defend even if you followed all proper procedures as soon as you knew about the fraudulent charges. You not only will need to defend the suit, but you will need to file a cross-complaint against the family member. If, for some reason, you are unwilling to do that your chances of success are minimal. Good luck.

    See question 
  • Can a Nurse Practitioner refuse to give prescription for birth control because of personal and religious beliefs?

    My 21 year old daughter needed a prescription, she is in now in the Philippines until November 18, 2015 without her prescription.

    Michael’s Answer

    It appears the answer to your question would depend on Philippine law. If this is a CA practitioner, I suspect most would require that they see their patient before writing such a prescription.

    See question 
  • I want to file a civil lawsuit against a defendant. Can I file an exparte to get a third party to hold onto his assets?

    I am going to file a civil lawsuit against my uncle as he took over $100,000 from me but he may try to dispose of assets. My uncle and I used to do business together. I was wondering if I can order an escrow company and a bank, who are not being...

    Michael’s Answer

    It is extremely doubtful that you could obtain a ex parte order. It more likely you could obtain a pre-judgment writ of attachment. The likelihood of success will depend on your proof that he "took $100,000” from you. You must be able to prove the probable validity of your claim. A right to attach order will not issue until you have posted a bond in at least the sum of $10,000. The amount may greater if objection is made by your uncle to the statutory amount.

    See question 
  • In California, are Realtors allowed to disclose offer details to other agents?

    I want to know what the competing offers are for a property I am interested in so that I can put in the most competitive offer. Is my agent able to get that information or is it bad practice? I would only like to know the competing loan type and o...

    Michael’s Answer

    Whether the seller's agent has a duty to disclose, or may disclose, other offers or their terms depends on the terms of the agreement between the seller and the seller's broker. It is not inappropriate for your agent to ask re other offers and terms but the seller's agent may not have the authority from the seller to provide that information.

    See question 
  • Could a judgment be reversed while the appeal is pending?

    I am a plaintiff in a civil case, the judgment was entered in my favor against the defendant (the bank). The defendant filed a notice of appeal, after the record on appeal preparation is completed the bank filed in the trial court a motion to vaca...

    Michael’s Answer

    In answer to your first question, yes. A trial court can reverse a judgment after a notice of appeal has been filed. However, no one reading your post can answer your other questions. The issues are complicated and jurisdictional. Exact dates for all procedural matters, including post-trial motions, are important. And, of course, the merits of defendant’s motion to vacate. These are questions you should be asking your attorney.

    See question 
  • Can I be responsible of receiving all foreclosure notices, trustee sale and declarations as a tenant in common ?

    If I deeded my house over to an investor and the investor took out a loan on the unit and added me back on the title as joint tenants 1 year later, essentially the loan fell into default. Could or am I responsible for receiving the NOD & TS whi...

    Michael’s Answer

    Yes. You simply record a request for special notice.

    See question 
  • Will a $1 nominal damage award sustain the essential damage element of fraud when there is no compensatory or punitive award.

    I am trying to determine if I have grounds to appeal and need case law that shows that a $1.00 nominal damage award is not sufficient to sustain fraud without a compensatory or punitive damage award This is an unlimited jurisdiction contractual fr...

    Michael’s Answer

    This is at least the third time you have posted this or a similar question. It is not clear if you are the plaintiff or defendant. You will not obtain the advice you seek in this forum. IMO, you are asking the wrong question. Appeals beget cross-appeals. You must be an aggrieved party, i.e., you cannot appeal with respect to those causes of action to which you prevailed unless there was prejudicial error in the trial to which you objected. An appellate attorney would have to review the entire record and judgment to determine if you have a basis to appeal and your chances of success.

    See question