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Michael Raymond Daymude
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Michael Daymude’s Answers

7,071 total


  • Burden Shifted to Defendant in Civil Matters; possession of evidence

    So isn't the burden shifted to Defendant in civil matters when they are in possession of all the evidence that could prove or disprove of a case. Why or why not??

    Michael’s Answer

    "Isn't the burden shifted to Defendant in civil matters when they are in possession of all the evidence that could prove or disprove of a case." -- No. Which burden are you writing about? Burden of producing evidence or burden of proof? They are different concepts and different rules apply. Plaintiff always has the burden of producing substantial evidence to support each element of each cause of action. Certain presumptions may apply in context to make that burden easier but it is never shifted to defendant. Defendant, on the other hand, has the burden of producing substantial evidence to support of its defenses.

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  • Withholding evidence via attorney-client privilege; Can Privilege be asserted by self-represented Dfndnt/employee of Corp.

    When can a party/Defendant can assert attorney-client privilege re not providing/withholding evidence subpoenaed. My research shows, if information may be gathered from another source besides the privileged communication, the underlying info is n...

    Michael’s Answer

    "[C]an the attorney client privilege be asserted by a self-represented Defendant who is an employee of the corporation, and representing the corporation at trial?" Your facts are far from clear, in fact they are non-existent. Answers to legal questions *always* depend on facts.

    It is unclear what you mean when you write that the defendant is “representing the corporation at trial.” Unless you are an attorney, you cannot represent a corporate defendant at trial.

    If you simply mean you are offering testimony on behalf of the corporation, the corporation’s attorney may assert privileges on behalf of the corporation when applicable.

    Whether, as an employee of the corporation, you may assert the attorney-client privilege will depend on facts you have not posted. This is a complicated area of the law and no analysis here will be helpful.

    It goes without saying, however, that that only privileged attorney-client *communications* are protected. And, whether you can assert such a privilege will depend on whether you are a “client.”

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  • Does an occupancy permit issued after a UD is filed keep the tenant from having to move (if it's established in a new trial)?

    My landlord has been stalking me and stealing my mail, and generally harassing me. I paid my rent, and proved it was mailed (by a witness) before the notice to quit was even served. The judge wasn't interested in hearing about malicious prosecutio...

    Michael’s Answer

    Mailing rent before the three day notice to pay or quit was served does not necessarily give you a get out of jail free card. Unfortunately, you could have asserted and proven the alleged defense of no certificate of occupancy in the UD trial. Since you failed to do that, and could have, I do not see how you can assert the defense now unless there was an irregularity in the trial which caused you prejudice.

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  • I need to complain to the BAR for an attorney, in Los Angeles,it is a Bankruptzy case and his behavior is outrageos and inmoral.

    He took the money that I provided for the creditors in money orders for the creditors, and the trustee, didi not sent the money and now one of the crediitors want to sell my house , were can complain about this attorney?

    Michael’s Answer

    My colleagues have provided excellent advice if the facts you have represented are true: 1) File a formal written complaint with the CA state bar; 2) Report the matter to your Chapter 13 trustee and the U.S. Trustee; 3) Seek other BK counsel for assistance in filling a motion to disgorge fees paid to your BK attorney.

    I add words of caution: make certain your facts are correct. If the money orders were made out correctly by you, they should have gone directly to the named creditors and to the Chapter 13 trustee. Sometimes, it takes longer than it should for receipt of that money to be posted to your account. If it turns out your allegations are unfounded, you have destroyed your relationship with your BK who may have no choice but to file a motion to withdraw as your attorney.

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  • Can I sue a construction company for damages to my car if they left a large pile of gravel on the road shoulder with no warning?

    I was driving down a residential/ business road and pulled over to drive in the shoulder to turn into a driveway. There was a large pile of gravel left on the shoulder of the road. There were no signs or cones so I did not see it. I drove righ...

    Michael’s Answer

    You do not have collision coverage? If you do, your insurance company should pay for the repairs, minus your deductible. See a bad faith lawyer.

    I do not like your case against the construction company due to a *very* large measure of comparative fault. OTOH, since it's a small claims case, feel free to take your best shot.

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  • If civil proceedings are stayed pending a criminal casis discovery allowed to proceed?

    If the case is stayed pending the conclusion or rejection of a criminal matter related to the civil case can either party file FIs or formal discover?

    Michael’s Answer

    It would be odd for a civil case to be stayed pending a criminal matter. However, the stay order would control whether discovery is permitted.

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  • AC not fit for a 2200 sq ft house Need landlord to change it!!!! Unit is only 3 ton

    I am currently renting a 22 hundred square foot house in granada hills and as many of you know it gets really hot here. There were additions done to the house to make it bigger, so now the AC is not cooling down the house. Everytime i speak to t...

    Michael’s Answer

    "Is there anything that can be done??? Can i take them to court??" -- You can negotiate with the landlord and offer to pay a portion of the cost to upgrade the unit. Improved insulation and attic venting might also be appropriate.

    The DWP will perform an energy audit free of charge. Programs are also available to reduce the cost of making a house more energy efficient. If you want the landlord to upgrade the A/C to a 4 ton unit free of charge, that does not appear to be in the cards.

    You can, of course, give notice and find a more suitable house, assuming you are month-to-month. Unless your written agreement (lease) requires it, the landlord is not obligated to upgrade the A/C so you do not have a legal basis to file a lawsuit.

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  • Motion to Have Truth of Matters Specified in RFAs

    I'm being evicted because I paid rent four days late. I also have an harassment lawsuit against my landlord. That being said my landlord want to ask about 20 "interrogatory questions" based on my "late rent payment" eviction case. I sent a RESP...

    Michael’s Answer

    In addition to Mr. Chen's fine answer, I wish to point out that your harassment suit is not a defense to the UD action for non-payment of rent. You are putting yourself and co-signer at risk of a monetary judgment. I strongly suggest you consult and retain a landlord/tenant lawyer. If a judgment is entered against you, you and your co-signed may find it very difficult to rent in the future.

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  • Can a law firm be sued for evading service?

    If the intent was malicious and in retaliation?

    Michael’s Answer

    "Can a law firm be sued for evading service?" -- Easy answer. You can sue anyone for anything. Can you prevail? No.

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  • I purchased a property from fannie mae back on february 2013, it was foreclosed home an reo, and now the prev owner, is suing me

    does the previous owner of my property have the right to sue me?what fault do i have I bought a foreclosed home over 2 years ago with a large down payment, and I've made all the payments ever since. The previous owners lender was boa and then it ...

    Michael’s Answer

    Unfortunately, you must defend against the lawsuit. If you have title insurance, immediately contact the title company. Title may be required to provide you a defense. If not, you need to retain your own attorney to defend. I suspect you are a BFP. As another attorney has opined, you may be able to get out of the suit by way of demurrer.

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