I have a case pending in superior court for 2 judicial foreclosures, some unsecured debt and partition of commercial property I co-own with my brother. My brother owes me about $1.8 million on some loans + accrued interest. $1.3 million of that am...
Unless you are an attorney, you cannot represent your wife. Generally, a trustee must be represented by counsel. This is an exception if the trustee is also the sole beneficiary of the trust. That would not appear to be the case.
The DOT is the security agreement. It is not void simply because you proceed by way of judicial foreclosure. Your question is internally inconsistent. You first state the DOTs list you and your wife as trustees. Then you state the DOTs and deeds (what deeds are you writing about) list you and your wife individually.
Judicial foreclosures are complicated. If your previous attorneys "botched" the matter, why do you think you will do better on your own? Respectfully, you need counsel if you hope to be successful. Still, there is no guarantee of success.
If you are looking for contingency representation where you have no skin in the game, you are unlikely to find any takers. Perhaps it would be better to proceed by way of non-judicial foreclosure if you are still able.See question
I wrote out proofs of service for my discovery, but I'm just now discovering while trying to write a motion for deemed admissions that even though I properly stated the service dates in the body of the proofs of service, I accidentally wrote 2016 ...
This is an error without substance. Leave well enough alone. You can correct it nuc pro tunc if necessary. But, if you are a party to the lawsuit and are signing you’re the proof of service, that is a problem that invalidates them.See question
whereby mal. pros. complainant files a SLAPP back; B) Mal. Pros. Defendant's anti SLAPP motion prevails whereby Defendants then file a malicious prosecution case against Mal. Pros. Complainant? In present case I will be Complainant of mal. pros...
A malicious prosecution lawsuit may be a SLAPP-back. A malicious prosecution action may include damages, including general and punitive damages, not available to the prevailing defendant who files an anti-SLAPP motion.
The prevailing defendant, but not plaintiff, is entitled to attorney fees incurred in obtaining a GRANT of the anti-SLAPP. If you are filing a malicious prosecution action in the first instance, it is not a SLAPP-back.
A malicious prosecution action is frequently subject to an anti-SLAPP motion. It is imperative that you can prove the probability of success in the first instance. Otherwise, you open yourself up to a substantial attorney fee award.
This area of the law is complex. A malicious prosecution action should never be filed by a pro per plaintiff, and only when a determination of probable success is made by an attorney upon presently available evidence.See question
I have a case in Arbitration, we agreed to 25 Interrogatories, 25 Admissions, 25 Production demands. I served 25 per category on one company, but the other company refused to respond stating I already used my 25. Federal Rule 33 suggest that up t...
Are you in Federal Court or arbitration? Generally, limitation on discovery pertains to how many requests can be propounded to each party. The agreement, however, may modify that rule as may the rules of the arbitration forum.See question
Folks, I filed a complaint and opposing counsel demurred. I have since filed an amended complaint and served on all parties. However, the initial demur hearing is still on the calendar. Is it not opposing counsel's responsibility to remove that he...
Provided you filed and served your first amended complaint before the date your response was due, you are correct. If so, contact opposing counsel and suggest that the demurrer be taken off-calendar.
If the court is made aware of the timely filing and can confirm it, the court will probably take the demurrer off-calendar on its own motion. A phone call to the clerk might help.
To be on the safe side, arrange for a telephonic appearance. If the demurrer goes off-calendar before the hearing and you advise CourtCall will refund your appearance fee.See question
How many days notice required for a Motion for Terminating sanction to be given to other party in LA sup court via any means AND what to do if a party files a motion and does not give you notice OF MOTION or just few days notice on purpose
The rule is that motions must be served and filed at least 16 *court* days prior to the hearing. The manner of service will determine how many days, if any, are added. However, upon ex parte application, a judge may order a shorter time and may specify the exact manner of service. You may find this blog post helpful:
"How to Count Days: California Courts" at https://mrdaymude.com/how-to-count-days-california-courts/
Hello, on March 9, 2017 opposing counsel served me with a "EX PARTY APPLICATION FOR ORDER SHORTENING TIME RE DEFENDANT'S CONCURRENTLY FILE MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS AGAINST PLAINTIFF" (myself). My trial date is on May...
It's time for a paid sit-down with an attorney to review your case with you.
Since a motion for terminating and monetary sanctions has already been filed, depending on the issues raised in the motion, the court may continue to have jurisdiction to rule on those motions even after a dismissal without prejudice has been filed. If so, you may not accomplish your objective of avoiding sanctions.
The other issue is the statute of limitations. If it has run on some or all of your causes of action, a dismissal without prejudice effectively precludes you from refiling.
Perhaps now is the time to consider settlement.
Terminating sanctions are requested for discovery abuse. They are rarely granted in the first instance since monetary sanctions usually will suffice to obtain compliance. Still, they are a red flag. So is a “multi-million dollar contract dispute.” If you believe you will find an attorney to work on a contingency basis, I doubt you will find any takers.See question
For an upcoming hearing re: a petition for writ of mandate, counsel representing the petitioner has repeatedly contacted the real party-in-interest (Rpi) to schedule briefings and meet/confers, all of which involves discussion of legal strategy re...
No. The alleged improper communications will not "invalidate" the petition. If writ counsel has only been employed to draft the writ, how would opposing counsel know that the attorney represents the real party in interest? If this is a problem for the real party in interest, all that person needs to do is notify opposing counsel or have writ counsel do the notification.See question
There has been a judgement entered against me, and I believe it's clear that the defense counsel and the judge handling the case committed "fraud on the court". I believe that defense counsel has had continuous ex parte communication with the jud...
Respectfully, if you have had a judgment entered against you, your remedy is an appeal. If you have facts, as opposed to belief, of extrinsic fraud those facts should be part of any motion made to set-aside the judgment in the trial court.
A collateral attack on the judgment, by way of a newly filed case, is rare. It is made when, due to extrinsic fraud, you were prejudiced in the presentation of your case in the first instance. The classic example would be a fraudulent proof of service that prevented you from knowing about the case in time to defend against it and to file a timely motion to have your default set-aside in the trial court.
While there is no time limit within which a collateral attack must be made, the doctrine of laches comes into play. Delay, combined with prejudice to the adverse party, will defeat the attack. Since relief is discretionary, unreasonable delay without any showing of prejudice, may also defeat the attack.
If your case was dismissed as a result of a MSJ, I suspect your problem is not one of extrinsic fraud but with your opposition to the motion. I urge you to obtain advice and counsel from a qualified attorney before you dig yourself a deeper hole through the actions you mention.See question
My sister, the executor of the estate lost the document. We, my other brothers (2) and my other sister would like to sell the property. We do have a copy of the abstract. What do we do to avoid probate? Michael
Do you have a copy? If an attorney prepared the trust, contact the attorney. What do you mean by abstract? If you mean a certificate of trust, perhaps that would be sufficient if it contains dispositive provisions. In any event, this is not a DIY project. You need local probate counsel, local to the county where your mother resided.See question