Archived
If opposing counsel/parties refuse to have/refuses to stipulate to a CCP 664.6 provision in the Settlement Agreement/Release ...
Hanwei's answer
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Answered on October 22, 2014
Generally, the parties would have to agree, either in writing or orally before the court, that the court retain jurisdiction under 664.6. The...
Archived
Is there any way for the court or a party to continue the 60-day deadline by which Court must rule on Motion for New Trial? ...
Hanwei's answer
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Answered on October 22, 2014
No. The time period is mandatory and jurisdictional. The only way to extend it is to file a Motion to Disqualify the Judge. However, I don't...
My wife moved out and took everything with her as well as all of the money from our bank accounts. What action can I take?
Hanwei's answer
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Answered on October 22, 2014
You should begin the dissolution process by filing a petition for dissolution. You would want the court to rule on who owns what, and child...
Archived
What happens if tenant moves out before UD trial date?. what happens to money owed? More below.
Hanwei's answer
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Answered on October 22, 2014
This depends on several things, including what time period was covered in the UD action and whether there was a contract/lease agreement for the...
In filing a "NOTICE OF INTENT TO FILE MOTION FOR NEW TRIAL (C.C.P. § 657)" on 15th day following entry of judgment, is it ...
Hanwei's answer
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Answered on October 22, 2014
You have to list out the basis/grounds under 657, as well as the verdict, decision, etc. which you are moving for a new trial on. In addition, you...
Archived
Do I file the case management conference documents first with clerk then mail a copy to defendant with stamp of filed.
Hanwei's answer
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Answered on October 07, 2014
In most cases, you file the CMC documents with the proof of service attached. Serve Defendants with the same documents you file with the court. ...
Judge's Final Trial Ruling vs. Final Judgment
Hanwei's answer
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Answered on October 07, 2014
The Final Ruling will be the basis for the Final Judgment. Usually one side will prepare a Proposed Judgment which will then be offered to the...
Archived
What can I file to prove that the plaintiffs are perpetrating fraud on the court? Thank you.
Hanwei's answer
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Answered on October 07, 2014
If the Plaintiff already filed a Request for Default and the clerk has entered default, you would need to file a Motion to Vacate the Default based...
Archived
Sale of manufactured home.
Two contracts signed: one as-is and one w/terms. As-is by seller; other by buyer.
Both apply?
Hanwei's answer
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Answered on October 07, 2014
If each contract was only signed by one party, then under general law, there is no binding contract. So, it depends on which contract was signed...
Archived
How to prepare an appeal of a trial without court documents
Hanwei's answer
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Answered on October 06, 2014
There are a number of counties in California that no longer provide court reporters for hearings or trials. You are required to hire your own...
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