Charles Richard Perry’s Answers

Charles Richard Perry

Hollister Lawsuit / Dispute Attorney.

Contributor Level 16
  1. Business & Incorporation: If one is not concerned about anonymity, is there really any benefit to forming a single-member LLC?

    Answered over 1 year ago.

    1. Charles Richard Perry
    2. Michael Charles Doland
    3. Andrew Kevin Jacobson
    4. Douglass S Lodmell
    5. Tudor F Capusan
    5 lawyer answers

    Person A forms LLC to hold a rental property. All leases are between LLC and tenant. Some months later, the tenant claims an injury because of some problem with the building, which the LLC (as the owner) allegedly did not fix. The LLC is liable, but not Person A. There are many other examples. Whether an LLC makes sense in any given situation depends on the facts involved.

    15 lawyers agreed with this answer

  2. Is "coaching" grounds for dismissal?

    Answered over 1 year ago.

    1. Charles Richard Perry
    2. Frank Wei-Hong Chen
    3. Robert Bruce Kopelson
    4. Constantine D. Buzunis
    5. John Noah Kitta
    5 lawyer answers

    This doesn't make me sick to my stomach, though I suspect most litigators have pretty strong stomachs. Nor is it grounds for dismissal. Nevertheless, it may be good impeachment evidence for one or more of the people in question. Much depends on the rest of the document and the evidence in the case.

    14 lawyers agreed with this answer

  3. Does the retainer fee go toward your case when you hire an attorney? what the retainer fee really mean?

    Answered over 1 year ago.

    1. Charles Richard Perry
    2. Thomas Anthony Schaeffer
    3. Frank Wei-Hong Chen
    4. Robert Pecco Baker
    5. James Carl Eschen III
    6. ···
    8 lawyer answers

    The term "retainer" actually is ambiguous, and can mean different things in in different agreements. Your sister should look at her written retainer agreement with her lawyer to see how the retainer will be used in her case. In cases where fees are charged hourly, the retainer is usually a "down payment" as to fees that will be owed, and is "consumed" as the attorney spends time on the case. The retainer can also be used to pay for certain costs, such as filing fees or court reporter...

    14 lawyers agreed with this answer

  4. Serving responses on interrogatories.

    Answered 11 months ago.

    1. Charles Richard Perry
    2. Anthony Allen Roach
    3. Abraham P Mathew
    4. Robert Bruce Kopelson
    5. Michael Charles Doland
    6. ···
    6 lawyer answers

    Interrogatory responses, like all forms of discovery responses, are not filed with the court. You should just retain the proof of service, in case there is any question about whether the responses were served.

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. WHAT'S THE DIFFERENCE BETWEEN "To The Then Living Children of my Brother" opposed to if it just read,"To the Children of my Brot

    Answered over 1 year ago.

    1. Charles Richard Perry
    2. Joseph Michael Pankowski Jr
    3. Judy A. Goldstein
    4. Benjamin H. Ballard
    5. Charles Adam Shultz
    5 lawyer answers

    The idea of "then living children" means the children alive at the time of the death of the person making the will. It would not include children who passed away beforehand.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Removed from my mothers will (pretty large estate), do I have any rights?

    Answered over 1 year ago.

    1. Charles Richard Perry
    2. Paula Brown Sinclair
    3. Michael T Millar
    4. Denise Leydon Harvey
    4 lawyer answers

    Your mother was free to leave her estate to anyone she liked. Unfortunately, she had no obligation to name you as a beneficiary. A child can be intentionally inherited for any reason at all. Assuming there is no viable challenge to the will based on undue influence, lack of capacity, or some other theory, there is nothing that can be done. You may wish to consult with a probate lawyer in person to be sure of your rights, rather than simply rely on comments in a public forum. There may...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I am pro per is this normal for opposing counsel to act?

    Answered over 1 year ago.

    1. Charles Richard Perry
    2. Robert Bruce Kopelson
    3. Adrienne Patricia Allen
    3 lawyer answers

    The advice in the prior answer is sound. While professional courtesy is far and away the better practice, it is not always given. There is no rhyme nor reason to this, and much depends on the personalities and training of the people involved. All I can tell you is that I have had similar exchanges with opposing counsel, and your experience is not necessarily a reflection on the fact that you are pro per. Best of luck to you.

    12 lawyers agreed with this answer

  8. Real Estate in Probate, heirs can't agree on who's realtor to use

    Answered over 1 year ago.

    1. David S Hoffman
    2. Charles Richard Perry
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    The administrator has the right to choose which realtor to use, as part of his or her duties to administer the estate. You could go to court and challenge the administrator's decision, but I do not see anything in the facts presented to suggest that a challenge would be successful.

    12 lawyers agreed with this answer

  9. Can you appeal after the court entered Default judgement against defendant?

    Answered over 1 year ago.

    1. Charles Richard Perry
    2. Frank Wei-Hong Chen
    3. Constantine D. Buzunis
    4. Mark Allen Massey
    4 lawyer answers

    I don't see anything here from which you can file an appeal. Normally, you must wait for the judgment to be entered. The proper procedure is to file a motion to set aside the default.

    12 lawyers agreed with this answer

  10. Trust administration in California

    Answered over 1 year ago.

    1. Charles Richard Perry
    2. Eduardo Guillermo Sanchez
    3. Thomas Edward Rossmeissl
    3 lawyer answers

    If you are currently the trustee, you need to be administering the estate NOW, meaning you need to manage the assets and liabilities of the trust, and prepare any necessary accountings and tax returns. There are lots of guides that can give you general information on the job of being a trustee. There is no guide that can give you specific advice as to your particular trust, given that the terms, assets, and liabilities of every trust are different. If the assets are significant,...

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