Douglas Anthony Dube's Answers

Suspended Corporation suing in CA small claims court

A suspended corporation lacks capacity to sue. If suspension is for failure to pay the corporate franchise tax, Cal. Revenue and Tax Code section 23301 applies. If suspension is for failure to file the biennial statement, Cal. Corporations Code section 1502 applies. Anyone who purports to exercise the rights and powers of a suspended corporation is guilty of a misdemeanor under Cal. Revenue and Tax Code section 19719. However, proving that it has capacity to sue is not an element of a...

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Prob Code 16061.7 waiting period

As the trustee you can use trust assets to pay for professional advice, and you should do that. You may be able to make a partial distribution and keep a reserve amount. However, if you do that and there is later a problem, your position will be much stronger if you have consulted with and obtained advice from an attorney on trust administration. Asking this question on AVVO does not count! DISCLAIMER: Neither the information in nor this communication itself are intended to create an...

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Contesting a will that was put in probate that isn't the last will & testament? how much would this cost?

Are you asking what is the likelihood of success of a case to challenge the will probated by your brother? That is, of course, impossible to definitively answer with the brief narrative you provided - substantially more information is needed to evaluate the claim. However, if the attorney who prepared the more recent will can be located, or a witness who signed the will, and the evidence exists of the content, it may be shown that a later valid will existed and a challenge may be successful (...

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Probate Codes 8870(a) & 859 - Do double damages apply to all persons involved?

A petition to the court under section 8870 does not in itself lead to a determination of liability, it just provides for an order allowing the petitioner to obtain information from the person (by examination under oath or by written interrogatories). You may use that information in an action to recover property or for damages. That action may be a petition under section 850 or some other applicable section (without more information I couldn't guess which additional or alternative sections...

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In CA what is the statut of limititaions for SERVING a civil lawsuit AFTER it was filed with the Court?

The plaintiff has 60 days to file a certificate of service showing the plaintiff has served the defendant, or a certificate of inability to comply. The plaintiff can request additional time to serve the complaint, with a brief explanation as to why service is not yet completed (such as "the defendant is avoiding service" or "plaintiff is having trouble locating defendant"). The court will typically grant such a request once for up to 30 days. If a defendant is avoiding service or can't be...

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California trust law, when can an executor be removed from the estate

As Mr. Stone explained, there is a difference between a trustee of a trust and an executor of an estate. The trust document or the will may contain terms that supplant or supplement Probate law. So if you're wanting to remove a trustee, the trust document will also have to be reviewed, and to remove an executor the will must be reviewed. (If there is an executor of an estate without a will (intestacy) then the Probate Code alone applies.) It's imperative that you consult with an attorney,...

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How do I respond to a fraud summons/lawsuit in ca if I am not guilty?

It sounds like you individually and your company are named as defendants. Often a company will carry insurance that may pay for the defense of both the company and employees. In fact, that prospect may be why you were named as defendants - many plaintiffs will try to bring in all defendants who may have insurance that could contribute to a settlement. We're experienced in defense of all types of civil claims and determining whether an insurance policy may provide coverage for your defense....

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Denied general liability insurance coverage

An attorney can review your policy, the complaint that was filed by the former employee, and the letter(s) from the insurance carrier denying the coverage, and give you an opinion as to your rights. If an attorney believes the insurance carrier should have provided a defense, he or she may be able to convince the carrier to pay for the defense (including reimbursing all costs you incurred beginning on the date you first asked the carrier to provide a defense). If the carrier still won't...

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Car Accident without insurance But the other driver found at fault.

Because under Proposition 213 you can't recover general damages, there have been some instances when an unrepresented victim has obtained even less then they are entitled to from an insurance carrier that tries to take advantage of the victim's ignorance. Your recoverable damages are probably substantial (under your circumstances) and you should consult with an attorney. There are many on this web site who can help, including me - feel free to call for an initial consultation. DISCLAIMER:...

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How do i protect my brothers ex girlfriend from spending my nieces inheritance on probate and lawyers and expensive court cases

Unfortunately you can't directly stop the litigation. However, one valid and often useful tactic is to immediately hire a lawyer and ask that the first action be to file a motion to prohibit your brother's girlfriend from paying for lawyers from the decedent's assets. If she is ultimately successful she may be entitled to reimbursement from the assets, but maybe just cutting off the funds may cause her to be more reasonable. On the other hand, if you're successful and benefited the estate,...

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