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Wazhma Mojaddidi

Wazhma Mojaddidi’s Answers

88 total


  • If I am self represented, no lawyer, can I make proof for service by mail signed by myself?

    Wazhma’s Answer

    No you cannot sign it yourself. Someone else will need to serve it and sign the Proof of Service.

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  • Do I need to go to court if an Ex Parte was denied?

    Wazhma’s Answer

    Yes, you do. The relief requested was denied on an emergency basis. However, the moving party still gets a chance to make arguments on the request for order at the next hearing. You will also have an opportunity to file and serve responsive pleadings that will be due 9 days before the next hearing date. Good luck!

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  • My question is whether to buy a house with my fiance before we get married provided that we are both planning on filing prenupts

    Wazhma’s Answer

    In making your decision, you should be prepared for the worst case scenario. If you purchase the home prior to marriage, you will need to decide how title will be held, in joint tenancy or tenancy in common. If you never marry and split up after buying the property, you will have to file for an action in civil court. If you marry and then split up, it can be divided in family court under Family Code Section 2650. Family court is generally more equitable than civil court in the division of property. Civil proceedings can also be more costly, depending on the extent of the litigation involved. If there is no financial benefit to purchasing the home before you are married, I suggest you wait. Sign the prenuptual agreement, get married, then buy the house together. You will have less of a headache in the worst case scenario of a failed relationship immediately after the purchase of the home and prior to marriage.

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  • What is the LAW or RULE for not showing in family court?

    Wazhma’s Answer

    Just as the opposing party has a right to due process, so do you. If you have requested relief from the court and followed all of the rules, you are entitled to a ruling from the judge. Based on your question, it appears as though the dispute is related to custody. If you do not already have a court date scheduled, you should file a Request for Order seeking the court to make orders. To support your request, you should provide the history related to past court appearances, the failures to appear and so on.

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  • Pre trial statement in family law trial. Deadline for submitting it & can a supplemental declaration be added later?

    Wazhma’s Answer

    • Selected as best answer

    In Sacramento County, the Statement of Issues and Contentions is required to be filed before the Mandatory Settlement Conference. You are not required to attach trial exhibits. Refer to the Local Rules that you can find at the court's website for details regarding what should be included in the pleading and the filing deadlines. Good luck!

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  • Can my spouse's signed "statement of facts regarding valuation of assets" be used to diminish credibility if I can prove he lied

    Wazhma’s Answer

    If he has made the statement under the penalty of perjury, you can ask him about it at trial and move to have it admitted as evidence.

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  • At a child custody trial does the judge review all prior motions and filings as well as the evidence provided at trial?

    Wazhma’s Answer

    The judge may take judicial notice of prior court orders. However, he cannot consider evidence supported with prior pleadings unless they are properly admitted as evidence during trial.

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  • How long will it take to have interview again which was reschedule?

    Wazhma’s Answer

    You can schedule an INFOPASS appointment online or call the 800 number for an update.

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  • What kind of lawyer do you need for a eight year old case against a family member?

    Wazhma’s Answer

    Why did you post this question under "Family Law?" Does this have something to do with a support obligation? Please provide more details regarding the "pay back."

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  • How can I petition my wife and how much will it cost for attorney's fee in Sacramento?

    Wazhma’s Answer

    You can contact our office in Sacramento for a free telephone consultation.

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