Lenore LuAnn Albert's Answers

Separating real estate into LLC & business operating entity in an S corp

An S Corporation and an LLC both enjoy limited liability yet give you flow through taxation benefits so in the broad aspect they are the same. The question remains if your land has a building or other depreciable asset attached to it that may affect your taxes by separating the business from the land. In order to take 3 S Corporations and change them into 1 LLC and 1 S Corp you have several options: Sale of Assets, Merger, or Sale of Stock. Again, this would require looking at your particular...

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Must I complete a seperate statement if no response was offered to Requests for admissions?

No. If you have not received any answers or responses (including objections) to the discovery requests you propounded, you may file a motion to compel those responses/deem admitted without preparing a separate statement. The separate statement is only required when a response that you believe is inadequate has actually been served upon you.

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Any recourse for when a debt collection agency constantly calls a household not in collections or has no business with them?

You can obtain relief. There is no reason you should have to screen telephone calls. Although the debtor's rights that protect against harassing phone calls from creditors does not protect you, a Temporary Restraining Order (TRO) and/or preliminary injunction can. Log the time and date of recent calls, send a fax to the creditor/collection agency/person and/or certified letter demanding immediate cease and desist informing them you will seek a restraining order against them. There must be proof...

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Deposition of a Corporation whose main office is in New Jersey. (I am in Los Angeles, California)

It depends on who the most knowledgeable person(s) is/are. Your notice has to ask for "the person most knowledgeable" and then list the topics you want covered at the deposition and they have to produce the persons most knowledge as to those topics. The executive directors are rarely the persons most knowledgeable. The person may well be located in California, and probably work here. You can request that you want to see the person as you depose them so the phone is only if you allow it. As...

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I am a general contractor. I failed to submit change orders during construction per contract

The mechanics lien is your best option. You file and record it with the county recorder's office. This starts your statute of limitations so that you may proceed to collect what you believe you are owed for breach. The homeowner is also given the opportunity to object and oppose. You may lose this one if the additional work was not pre-approved - a costly lesson. I understand that you feel time pressured in the middle of the job and things are said orally and approved orally and a relationship...

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Opposing an Anti-SLAPP motion. (California)

I am assuming a lawyer posted this question and is looking for advice from another lawyer. Just because you can get a case dismissed under the antiSLAPP statute, it does not mean that the case was frivolous or warrants a malicious prosecution suit following dismissal. The elements to be proven are different. The failure to submit evidence cannot prove that there is no evidence (there are many reasons that the evidence may have not been admitted or used in the prior case - ie the attorney may...

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Civil harassment right to discovery.how to subpoena unethical?

In general, you cannot force the other side to produce discovery of their witnesses or what they intend to testify to. The exchange of a witness list in such a hearing is not required by either side, unless the court specifically ordered you to do so. However, you can send the attorney a letter requesting the names of his intended witnesses and how they are relevant to the case when they are not mentioned and then show it to the judge and explain that you asked for this information but the...

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Bank funny business with documents - appraisal, guidelines, note

1. The servicer/owner is REQUIRED by law to give you the calculations they use to determine if someone is eligible for HAMP. That is a federal regulation. Send the request to them by certified letter, return receipt. 2. If you want to the know general eligibility criteria, go to www.makinghomeaffordable.gov That is a governmen website that contains a ton of useful information. In general in order to be eligible to receive HAMP you home loan has to be less than $729,000 - owner occupied - et...

In Californai how do I file a contest to a non-judical foreclosure?

You have the choice of filing a wrongful foreclosure action in either State court or Federal Court. Common grounds includes, fraud, unfair/unlawful business practices, breach of good faith and fair dealing, breach of contract, quiet title, constructive trust, or other unjust enrichment seeking injunctive and declaratory relief. However, you need to proceed quickly. In most cases both the servicer and the investor/owner/holder/trustee and in some cases the the trustee performing the actual...

Just received in the mail from the attorney Request for Entry of Default on my father who is deceased.

When a request for entry of default is filed, your only recourse is to move to vacate that entry. You have to file a formal motion and attached a certified copy to the motion. You do not state what type of complaint was filed against you or in what court. Actions on Unlawful detainer have shorter time frames than regular civil actions or probate actions or bankruptcy actions. It sounds like whatever happened the property was not transferred after the death of your father. There may be issues...