What kind of area of law(yer) would I need to pursue a judgment award and possible lawsuit to get money owed from an unpaid debt
Michael's answer
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Answered on May 16, 2021
Since this started in Family Court, that court would have jurisdiction over the part that arose out of the judgment including enforcement of that...
How to obtain right of way?
Michael's answer
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Answered on May 16, 2021
You probably have a prescriptive easement that allows you to use the road as you always have. You may have an easement of necessity depending on...
Can you avoid an evidentiary trial in a contested move away case with joint custody?
Michael's answer
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Answered on May 16, 2021
There is pretty much no way to avoid an evidentiary hearing if the other side requests it. Plus, you will be required to attend a mediation at...
Evidence required and permitted for a motion for financial discovery under Civil Code 3295(c).
Michael's answer
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Answered on September 27, 2020
Yes. But make sure the evidence is properly admissible-properly authenticated and not hearsay or subject to a recognized exception.
Unfortunately my question was not clear
Michael's answer
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Answered on September 27, 2020
The 10 days referenced in CCP sec 1008 starts from the written “Notice of Entry” of order, not the order itself. There is no real deadline...
Will I have to pay my husband alimony or will he pay me if we get divorced and I have a postnuptial agreement with him?
Michael's answer
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Answered on September 27, 2020
This depends on the contents of the post-nip and it’s validity. Certainly you are at risk for paying significant amounts of child support
How do I obtain a divorce in California? I have been separated for over 35 years and I now own a house
Michael's answer
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Answered on September 27, 2020
Most courts have a Self-Help Centers who can assis you. There are also paralegal services who can prepare the forms for you. See the California...
I'm now Pro Se, can I take all legal steps that my previous attorney could take? Is there any limitation?
Michael's answer
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Answered on September 27, 2020
As a self-represented party you can take all
Necessary steps to protect your interests and prosecute your case. You are held to the same...
Under CCP 1008 is the 10 days for filing a motion for reconsideration extended by the 5 days required for mailing of the Notice
Michael's answer
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Answered on September 27, 2020
The time starts running from the Notice of Entry of the court order. See CCP sec 1013 re extensions of time because notice was mailed to you.
In a CIVIL CASE, I was accused of damaging a person's car. which I did not. Can I be sentenced to jail time ?
Michael's answer
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Answered on September 27, 2020
No criminal penalties in a civil case. If there is a risk of prosecution(the statute of limitations hasn’t run) you could so to stay the civil...