Motion To Reconsider

No. The motion can be served the same day it is filed. Just be sure to include a proof of service with your original filed motion or the court...

Can a defendant claim that the alleged defamatory statement was both true and opinion?

An answer to a complaint typically includes numerous affirmative defenses, even conflicting or contradictory defenses, because a defense that is...

What do I do? On the civil case cover sheet there is no box to check for filing a divorce.?

The Family Court and the Civil Court are two separate divisions of the Superior Court, each with its own set of forms. In a divorce case you use...

If I file a first amended complaint adding defendants & fail to file amended summons, is service effective w/ original summons?

An amended summons is necessary when a complaint is amended to add a new party defendant to the action (as distinguished from a Doe defendant...

I need help with my chapter 13, but my attorney was disbarred. the attorneys in my area don't want to "work someone else's case"

If none of your family, friends or colleagues can recommend an attorney, try calling your local and state bar associations. Each should have a...

How does the profit of the sale of our house be split

Assuming the "he" you refer to is your spouse, and assuming house #1 is "his" separate property, as a general rule anything acquired during...

How much time do i have to file motion to set aside default if the prove up hearing is schedule in 25 days?

Under CCP 473(b) you have six months from the date of entry of the default to file a motion for relief from the default based on mistake,...

The short answer: Yes. Relief under CCP 473(b) is available only where the Discovery Act does not contain a similar provision for relief. In your...

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Do I need a Real estate Attorney ?

Your contractor is doing so many things wrong here. Asbestos has been banned in the U.S. since 1978. As a result, there is a whole body of law...

I'm going through a divorce in California. During marraige, my husband received money from a trust. Am I entitled to any of it?

As a general rule, everything acquired by a husband and wife during their marriage is community property. The exception to this rule: a gift or...