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Charles Richard Perry
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Charles Perry’s Answers

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  • Where do I file the lawsuit? I own a second property in LA county; I live in Orange County. Three years ago,

    a former assistant recorded a grant deed transferring title to property to my brother by faking my signature (I later learned that the assistant was dating my nephew - son my brother. My brother passed away and nephew inherits everything). The g...

    Charles’s Answer

    Actions involving the title to real property are almost always filed in the county where the property is located. Having said that, an attorney in San Diego may be able to handle an action in Los Angeles County. An attorney's practice is not restricted to the county where he or she resides, and most attorneys travel and/or make routine court appearances by telephone.

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  • I am being sued by the same plaintiff again in federal court over the same issues that were in another state's federal court.

    There were close to 3,000 documents submitted by me in the other federal suit in another state which was finally dismissed for lack of jurisdiction on certain matters while others were res judicata. If the plaintiff demands that I resubmit the ...

    Charles’s Answer

    The rules of discovery would require you to produce them again. You may, however, be able to stipulate with the other side that documents produced in the prior litigation need not be produced a second time.

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  • A fraudulent lawsuit was filed against my corporation but the entity is suspended. Can I request a stay until it is revived?

    Our corporation had a contract with 3 individuals prior to suspension to develop an internet software system. Upon fulfillment of it, in lieu of receiving full compensation, our company was to receive equity in the company to be formed off of it, ...

    Charles’s Answer

    The court almost certainly will not grant you a stay. You need to re-activate the corporation or face the consequences in the litigation. You also need to do this sooner rather than later, so that an answer to the complaint is timely filed.

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  • How do I go about filing a lawsuit against a company in another state?

    I recently purchased an item from a company through eBay, I never received the item an have been going through hell trying to receive a refund, worst of all I am unable to communicate with anybody via telephone... I wish to file a civil lawsuit to...

    Charles’s Answer

    You may be able to sue in California, even if the company is based in Atlanta. The issue "personal jurisdiction" is too complicated to get into here, but it may work.

    You would then have to figure out how to collect any judgment you obtain.

    I also have not reviewed the E-bay agreements to see how they may impact your rights to sue in court -- that is something you should do or have an attorney help you with.

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  • How do you file a motion to compel?Is it a hearing for that?

    My husband's attorney return an Interrogatory form very evasive and incomplete.I have asked for additional information with no response.How to file a motion to compel and what does that do?Do I have to appear in court for that?I have no attorney o...

    Charles’s Answer

    A motion to compel is a formal request to the court that the other side provide additional information in discovery. It is not simply a set of forms you fill out -- you have to draft court papers yourself. There will be a hearing scheduled for the motion, and you must plan to appear. The date of the hearing is set ahead of time, when you file your motion papers. There are a number of requirements for such a motion, including timing requirements. As such, you must be very careful, or the Court will not consider the merits of your motion.

    I realize that money is tight, but it sounds like you need an attorney to help you with this.

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  • I want to fire my attorney but she is unwilling to sign off substitution of attorney form

    She urge me to tell her name of my next representative until she is willing to sign off. Am I under any obligation to tell her that? I've requested her to sign off for two weeks however she is still unwilling to sign off.

    Charles’s Answer

    A client can terminate the attorney-client relationship at any time. An individual client can name himself as attorney of record, if he or she so chooses. This is not true for an entity like a corporation or LLC. In addition, an individual client cannot do this IF he is in fact acting as a trustee or representative of someone else.

    The substitution form contains the name of the new attorney -- which will be a matter of public record in any event. There seems to be no point in trying to hide it. In addition, you are asking the attorney to sign a form that is not completed. I do not believe any competent attorney would do that, for fear that the rest of the form is not completed correctly.

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  • Can a Defendant in a defamation suit have it both ways in an anti-Slapp motion?

    Defendant sued for libel files an anti-Slapp motion to strike ..... in the same motion he denies making the libelous publication at all, and at the same time says his making the libelous publication was a protected activity. What happens with that???

    Charles’s Answer

    There is certainly no problem (a) denying the fact of the publication; and (b) arguing that even if the defendant made the publication, the anti-SLAPP law applies.

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  • For motion to continue msj, can I state the good cause in my motion to compel the depositions needed to oppose the msj?

    I didn't state in detail what discovery I expected to obtain from the witnesses at depositions in my motion to continue.I stated very briefly that the witness failed to appear at deposition and that's why I couldn't the info earlier,and I stated t...

    Charles’s Answer

    In deciding a motion, the judge is almost certainly going to read nothing except the papers filed in support of or opposition to the motion. The judge will almost certainly not review prior the papers on prior motions, and will expect all relevant information to be in the papers themselves (or at least have cross-references to other papers filed).

    A review of the papers and order is needed to understand why the Court did not think you showed good cause. If your motion was denied without prejudice and you have time, you can file a new motion to continue. If you do not have time, you probably need to file your opposition to the summary judgment motion with the evidence that you have.

    It seems clear that you need to speak to a lawyer about this situation, and at least get some specific advice as to what to do.

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  • Discovery disputes and deadline extension requests

    I'm an activist and currently a plaintiff in propria persona in a civil case against an alumni association that's denying memberships contrary to their bylaws. The defense has raised substantial irrelevant discovery requests and we have disputes o...

    Charles’s Answer

    Requests for continuances are routinely accommodated among lawyers, unless there is a real prejudice for doing so. You have not stated any prejudice -- and giving more time to ease an opponent's schedule is a routine professional courtesy.

    You actually may be able to work things out -- sometimes it is better to give a little extra information than fight the motion process. A request falling outside the scope of discovery is generally considered a weak objection. You may be better off negotiating a limitation of the question that would require a bit more information. That, however, is a strategic call well beyond what anyone can give here.

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  • Adding defendant to breach of contract lawsuit

    I filed a breach of contract lawsuit on my debtor for not paying loaned money on note. Later on i found out that he transferred his home(quit claim deed) to his relatives. Can we add his relative to the lawsuit as defendant now? How much does ...

    Charles’s Answer

    The procedure is to obtain a court order to amend your complaint. This can be done by stipulation with all other parties, or through a motion for leave to amend.

    It is not possible to comment on whether you have a viable claim against the relatives who received the home, or for misrepresentation.

    You would be well served to meet with an attorney who can advise you on a limited representation basis as to the motion. You also will need to submit a proposed cross-complaint with any stipulation or motion papers.

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