Charles Richard Perry’s Answers

Charles Richard Perry

Hollister Lawsuit / Dispute Attorney.

Contributor Level 16
  1. Can my stepmother change my fathers Will and his Trust, if she is the executor on the estate?

    Answered about 2 years ago.

    1. Charles Richard Perry
    2. Christine James
    3. Michael Raymond Daymude
    4. Steven M Zelinger
    5. Charles Adam Shultz
    6. ···
    6 lawyer answers

    Your stepmother could not change your father's will. The terms of the trust will dictate whether she has the power to change it. If you are a beneficiary under the trust, you are entitled to a copy of the trust document. You may need to hire a trusts and estates attorney to write to your stepmother and ask for a copy, and to make sure that you get any share of the estate to which you and your siblings are entitled. You should not delay acting on this.

    10 lawyers agreed with this answer

  2. Can a corporate chain employer purposely reduce hours and financially strain employees?

    Answered about 2 years ago.

    1. Charles Richard Perry
    2. Marilynn Mika Spencer
    3. Athina Karamanlis Powers
    4. Jacob Iraj Kiani
    5. Patrick John Phillips
    5 lawyer answers

    Employers have an enormous amount of discretion in terms of increasing and decreasing staff, and increasing and decreasing hours for each employee. I do not see anything unlawful in what you describe. The answer would be different if there were discrimination on the basis of some unlawful class, such as race, gender, or sexual orientation. Short of organizing a union, there seems to be little that can be done to protect the employees here.

    10 lawyers agreed with this answer

  3. How do multiple plaintiffs (1-10) coordinate their individual complaints without resorting to class action?

    Answered about 2 years ago.

    1. Charles Richard Perry
    2. Timothy John Broussard
    3. Eric Lechtzin
    3 lawyer answers

    The easiest solution may be to list all ten parties as plaintiffs on the same complaint. You would otherwise need to file a motion to consolidate, pursuant to Rule 3.350 of the California Rules of Court.

    10 lawyers agreed with this answer

  4. How do I go about getting deed to property if my father died 7 years ago?

    Answered over 2 years ago.

    1. Charles Richard Perry
    2. Michael Raymond Daymude
    3. Michael T Millar
    3 lawyer answers

    Do not assume you automatically have rights in the property in question. You first need to look at the deed. If title was held by your father and his girlfriend as joint tenants, she now owns the entire property and you have no rights to it. You also need to see if your father had a will, and whether you are the named beneficiary. If you are not, then you have no interest in the property. Regardless, you have no right to diminish the girlfriend's interest in the property. You can...

    10 lawyers agreed with this answer

  5. Hi. I am a member of LLC (we have 9 members, 3 of which are managers). Can I sue the mgrs for breach of operating agreement?

    Answered over 2 years ago.

    1. Charles Richard Perry
    2. Jeff Hoang Pham
    3. Brandy Ann Peeples
    4. Jeffrey Bruce Gold
    4 lawyer answers

    You can indeed sue to enforce your personal rights pursuant to the Operating Agreement and California law. The law regarding the pursuit of derivative claims would not apply. I would hire a lawyer to write a letter to the managers to get the missing documents for you, rather than running off to court and filing a lawsuit.

    10 lawyers agreed with this answer

  6. Do I have claims against a lawyer who is not honest?

    Answered over 2 years ago.

    1. Neil Pedersen
    2. Christine C McCall
    3. Michael Raymond Daymude
    4. Charles Richard Perry
    5. Judy A. Goldstein
    6. ···
    8 lawyer answers

    Retainer agreements are the subject of negotiation between an attorney and a client. Nothing says that you must sign the retainer agreement "as is." You can therefore negotiate whatever terms you don't like. I often have clients negotiate terms in the retainer agreement before signing. It is unlikely you have a legal right to a return of the fees already paid, assuming that your attorney provided you with advice and services during that consultation. Much will depend on the terms and...

    10 lawyers agreed with this answer

  7. May I name additional people to my law suit on a First Amendment to a Complaint?

    Answered almost 2 years ago.

    1. Charles Richard Perry
    2. Frank Wei-Hong Chen
    3. Marcus William Morales
    4. William Nicholas Blasser
    4 lawyer answers

    Yes, you can name additional defendants in a first amended complaint. You must serve those new defendants, however, as though it were an original complaint. You will also need to get a new summons so that it can be served on the new defendants. If the other side demurred to your original complaint, there's a good chance that something is wrong with your pleading. I strongly suggest you retain a lawyer, at least on a limited representation basis, to help you draft an amended pleading. In...

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  8. Can you serve duplicate discovery questions?

    Answered over 2 years ago.

    1. Charles Richard Perry
    2. Adrienne Patricia Allen
    3. Frank Wei-Hong Chen
    3 lawyer answers

    The general rule is that you cannot repeat the same request in the same form of discovery to the same defendant. You can propound the same discovery to a different defendant, and you can usually ask the same question to the same defendant in a different form of discovery -- but strict repetition (for instance, in consecutive inspection demands or sets of interrogatories) is not proper.

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  9. Can an attorney verify a document filed with Court instead of client/litigant?

    Answered 10 months ago.

    1. Charles Richard Perry
    2. Abraham P Mathew
    3. David Wendell Seal
    4. Jose Isaia Ybanez Utzurrum
    5. Tigran Grigoryan
    6. ···
    8 lawyer answers

    What do you mean when you say "verify a document"? Discovery documents? Pleadings? Evidentiary documents? All of these are covered by different rules. If you are talking about a pleading, the rules for verification are found in California Code of Civil Procedure Section 446,

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I am interviewing attorneys to bring probate court action against a non-cooperating co-trustee. What questions should I ask?

    Answered almost 2 years ago.

    1. Charles Richard Perry
    2. Christine James
    3. Gary Todd Dupler
    4. John Bernard Palley
    4 lawyer answers

    You should definitely ask the lawyer's opinion on possible strategies and likelihood of success. You should find out what this might end up costing you to fight. You should ask how long this process might take. You should be prepared to explain to the attorney what your ultimate goal is (sale of the property and division of the cash; joint distribution of the property; something else). The attorney should be able to give you an opinion on whether those goals are feasible, and may...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

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