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Charles Richard Perry
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Charles Perry’s Answers

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  • Should attorney on SJ first phase file unclean hands motion fabricated evidence, there is expert proof or wait for reply phase?

    I am filing Summary Judgment and attorney wants to wait until the reply phase of the SJ to bring into evidence Plaintiffs fabricated evidence (documents) - an expert has proven to be Fabricated. I' am afraid that if we do not bring this matter up ...

    Charles’s Answer

    No competent attorney is going to try to answer this question, without at least reviewing the entire file and reasons for the motion. Indeed, no competent attorney is going to second-guess existing counsel on any case without entering into an attorney-client relationship with you for a professional opinion on the subject. This is particularly true for strategic decisions like the one you raise.

    Your choice is either to rely on counsel, or to retain someone for a second opinion (and probably replace your current attorney with someone in whom you have more confidence).

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  • Unlawful Detainer that was scheduled for trial has just been Dismissed by Notice I'm the responding party who wants a trial

    If I am able to set aside the Notice for Dismissal at a Exparte hearing because the court already has jurisdiction over the case wouldn't it then be the judge who decides whether the case can stand on its own merit ?

    Charles’s Answer

    If the plaintiff dismissed and you do not have a cross-complaint, you have no right to request the dismissal be set aside, or to demand a trial.

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  • How long does a Plaintiff have to respond to a motion to dismiss in Federal Court.

    I filed a complaint in Federal Civil Court and I was out of town when I received the motion to dismiss. I was not even out of town for two weeks and now I received a "REPLY IN SUPPORT OF MOTION TO DISMISS COMPLAINT," asking the judge to dismiss. T...

    Charles’s Answer

    Each district sets its own time limits for oppositions to motions. You need to review the local rules of the court for your particular district.

    You also need to act quickly to preserve your rights here, and may wish to retain a lawyer to assist you. The judge could easily believe that you do not oppose the motion, and dismiss your lawsuit.

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  • I filed a lawsuit (Pro Per) against a customer who harassed me at work. Now the Defendant is threatening my employer involved.

    I am an employee at a large corporation. I filed a lawsuit (in Pro Per) against a customer who harassed me at work. Now the Defendant's attorney is claiming they are going to get my employer involved to scare me into dropping the case. Is that leg...

    Charles’s Answer

    There are certainly legal ways to get your employer involved in the lawsuit. Among other things, your employer could be subpoenaed to provide materials related to the harassment you alleged. If the customer believes he or she has a counterclaim against you, it may be possible to name your employer as an additional defendant. Without more facts, it is impossible to tell.

    Do you have a cause of action against the defendant and his/her counsel? Not on the facts you present. I think you at least need to consult with an attorney, to understand the strength of your claim and the risks you are running here.

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  • For A & B Trusts set up to save taxes & to avoid Probate Court, does Probate need to get involved at all? If so, to what extent?

    Trust B became irrevocable in 1991 & Trust A became irrevocable in 2013. The trust agreement provides for a minimum of annual accountings. So would the first accounting be due on or before the anniversary of when Trust A became irrevocable?

    Charles’s Answer

    • Selected as best answer

    AB Trusts are usually established both to avoid probate and to minimize tax consequences. Many of them are successful in achieving both objectives.

    It is not possible to tell you whether your situation will avoid the probate courts entirely. For instance, there may be a part of the estate that is outside the trust, and that requires some sort of court action.

    Without looking at the trust documents, it is not possible to say when the first accounting should have occurred. It may be, however, that accountings for Trust B should have started at the time it became irrevocable. You may wish to have an attorney review the trust and provide you some guidance here.

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  • I sent a Notice of Intent To Sue Letter, to a defendant (a franchise company), and defendant's Risk Management personnel- ...

    ("JOHN") sent me back an angry letter trying to explain me that they did not break the law, and tell me that: 1.) "my claim doesn't support a claim for discrimination".., 2.) .."the courts understand that a business decision is a privileged protec...

    Charles’s Answer

    I don't see how you have a basis to complaint about John's conduct. First, John is not purporting to represent you. Second, he is simply stating his company's position on the law. A statement of position is not necessarily the practice of law. For all you know, John consulted with the company's lawyer, and the company decided to have John write the letter to you. You certainly would have no claim in court against John, even in the unlikely event he were found to be improperly practicing law.

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  • This is a question about a writ:

    The court denied one of my discovery motions and I will file a writ for that with the appellate court. If I intend on filing a motion to vacate the denial of the motion because of legal errors apparent on the face of the court's ruling, does that...

    Charles’s Answer

    Nothing prohibits you from filing a writ petition based on what you wrote.

    If you are seeking a motion to vacate, you probably need to comply with the statute as to a motion for reconsideration. CCP § 1008.

    The large marjority of writ petitions on discovery matters are summarily denied, unless they involve an issue of privilege, or a truly novel question of law. You may wish to think carefully whether to spend the time and money preparing this petition.

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  • Can I amend and add a new count of contempt on the my current Order to Show Cause and Affidavit for Contempt for family law?

    The other party has violated another one of our orders since I filed and OSC for contempt. I want to amend the current OSC to add this violation. I plan to put it on legal formatted paper and title it Amended Affidavit of FActs Constituting Cont...

    Charles’s Answer

    If you are alleging a violation that is completely separate and distinct, then you should also be able to file a second OSC re contempt. This would not require court permission. You would then have two contempt proceedings going, which the Court might consolidate.

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  • I have a church that has filed a lawsuit against me. The president told me in June 2014 that the pastor was stealing money.

    I reported it to the Police department. I also commented online what the president told me. They are now suing me for a personal injury claiming my comments and filing a complaint with the police has caused them injury. They can not sleep and are ...

    Charles’s Answer

    It strikes me as clear that you need an attorney to defend against the lawsuit. Claims based on the defendants' filing of a police report in good faith are not actionable. The court, however, will not throw the lawsuit out on its own -- the defense needs to be properly presented.

    A claim for harassment also will likely fail. About your only claim would be one for malicious prosecution, and even that would be premature (you need to wait until the pending claim is resolved).

    In your litigation, you may be able to obtain records regarding the allegations of theft. Much depends on the actual facts of the case and the specific allegations made. Again, you need to get a lawyer here. This not a do-it-yourself project.

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  • If I need to exceed the maximum pages in my Opp 2 Demurrer how do I do this when filing motion?

    Should I file the motion with the opp 2 demurrer requesting to exceed or should I file it before and do I have so many days to do so. My hearing is on 02-010-15.

    Charles’s Answer

    The procedure is to file an ex parte application for leave to file an oversized brief, explaining why you need the extra pages.

    You also need to get the order granting your ex parte application ahead of the time your opposition is due. If you cannot do that, then you need to make some decisions as to how to shorten your opposition. You cannot submit your opposition and simultaneously make your application.

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