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Nigel John Burns

Nigel Burns’s Answers

6 total

  • If I am giving up the right to spousal support, do I need to fill out form FL-343?

    I received a Judgment Reject Sheet stating I checked box 9a on the Declaration for Default (form FL-170) and that I was REQUESTING spousal support so I needed to file the Spousal Support Order Attachment (form FL-343). Box 9a on FL-170 says "...

    Nigel’s Answer

    Some of the forms can be very confusing in family law but the box you identified is the one you need to check and that should resolve that issue with the default, etc. Unfortunately, some courts will reject a document because of one mistake and then once you correct that and resubmit, they will find another mistake and send it back again. Therefore, it is best to have an attorney assist you if you are unsure what to do.

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  • The plaintiff filed a motion for protection from discovery and didn't want to answer interrogatories, how to drop the case?

    The plaintiff, lawyer for credit card lawsuit, had filed a motion for protection from my request for "combined interrogatories, request for admissions, and request for production of documents" and did not want to answer my interrogatories, etc. I...

    Nigel’s Answer

    I understand how the process may not seem to make any sense but while the plaintiff in any lawsuit has the obligation to prove their case, that does not mean that the plaintiff has to answer all discovery, the discovery must be relevant to the case in some way. If they are seeking a protective order, it will likely need to be opposed, if there is a basis for opposing it. You would be best served contacting an attorney to assist you with all of this.

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  • What kind of attorney do I need if I must sue my HOA for extensive damages to my home due to their poor maintenance of it in CA?

    How do I sue my homeowner’s association in California for their responsibility for the damages sustained to my home? Do I need a real estate attorney? Where I live in Oceanside, CA, a homeowner association owns and maintains the outside of my ...

    Nigel’s Answer

    You will need to have an attorney review your insurance policy and the CC&Rs with your HOA but presumably you will need to take action against your HOA if the damage is outside. It is also a good idea to determine if there are other units with similar or related problems.

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  • Timing for Notice to Appeal (California Family Law)

    (1) Is Notice to Appeal has to be filed within 60 days after judgement is entered in California Family Law? (2) If I filed Motion to Put Aside (the judgement), in order for the appellate court to review transcripts for Motion to Set Aside, does...

    Nigel’s Answer

    Typically 60 days is the right time frame and a motion to set aside the judgment or request for a new trial can extend the time frame but without more information it is difficult to give you more precise answers. You need to consult an attorney asap to have these issues resolved to ensure that you are protected.

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  • In a DUI misdemeanor first offense, are the consequences worse if you blow higher than a .20 bal?

    There was no property/bodily damage at the time of my arrest for my DUI, although I do not know what my blood alcohol level was. I have heard that the court penalties vary greatly depending on your blood alcohol level. Is there a particular char...

    Nigel’s Answer

    Yes, if you BAC is higher than .2 than your penalty in terms of your classes, etc., can be greater but if it is a first time DUI and there was no collision then you will still be able to avoid nany jail time.

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  • If my DUI arraignment was postponed by the DA, is my license still suspended??

    I showed up for my scheduled court date this morning and was told that my case was still being reviewed by the DA and I would be notified by mail. Is my license still suspended? I need to apply for a restricted license asap because of my job...Th...

    Nigel’s Answer

    If your license was suspended by the DMV, either because you did not request a DMV hearing within 10 days of being arrested, or because you had your hearing and lost it (which happens a lot with the DMV hearings, especially when the hearing officer is the same person as the prosecutor for the DMV) then you will need to contact the DMV and arrange to get a restricted license. Your court hearing and criminal case is related to the DMV handling of your license but because the DMV is a separate agency, they can and will take whatever action they wish with your license without any regard for the court proceedings. The only way to possibly get around that is to file a writ against the DMV and that is doable but requires additional fees.

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