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My attorney didn't first request the defendant to turn over their company records before filing a lawsuit against them. The defendant wants to dismiss the case because of this. What course of action can be taken to overcome this problem other th...
My colleagues have provided correct guidance. I write only to point out that parties frequently disagree over the facts and law. Do not assume your attorney made a mistake because a motion to dismiss has been filed. Your present attorney is the person that should answer this question for you.See question
Some of those reasons involved an unsigned declaration and failure to attach answer to complaint. A friend of mine, who is a lawyer, filed the documents and inadvertently failed to submit the signed declaration and answer to complaint. In any ev...
I disagree with my colleague Ms. James. An independent action in equity is a new action. That is exactly what the word "independent" means.See question
Im currently on the name of the mortgage and we plan to sell the home but now im wondering if i was even put on the title of the home and the other person who has the records will not give them to me. I currently have copies of mortgage and proper...
Talk to a local realtor and indicate you plan to sell the home. Ask them to obtain a copy of the deed for you. Most realtors have a working relationship with a title company and it is a simple matter for them to obtain copies of recorded docs. Alternatively, order a copy directly from a title company.See question
I want to file a motion to strike under ANTI SLAPP a petition for TRO filed against me Do I calculate for this motion by court or calendar days?
The 60 day deadline is calendar days. Notice of hearing is court days.See question
This TRO was filed agaisnt e by my neighbor saying I harassed her. A ex parte was file to dissolve but deied although granted in part too. Now I was told there is good cause to fie a 42516 motion. Can this be done or is the ex parte preventing this?
Your question does not contain the relevant facts necessary to opine. The only thing that can be said is that, generally, an anti-SLAPP motion must be filed within 60 days of service. The issuance of an ex parte order or TRO does not necessarily prevent the granting of a timely anti-SLAPP motion.See question
My brother in law is the executor of my father in laws estate. My husband being the younger(although) more responsible brother didn't contest it. From that point on it was a mess. He decided it was his "shot at ownership" and even though we explai...
Your option is to file an appropriate petition in probate to remove him for cause. Or, you can file a petition now and/or object to any accounting that does not show that he paid the reasonable rental value of the house during his entire term of occupancy.See question
I am being sued by two ex employees for employments civil claims that are false. It doesn't seem to matter if they are true or not but whether to pay a settlement or fight it. They want $20 k or they are filing their lawsuit. My delima is that...
You will need an attorney to answer any lawsuit. You may be able to find an attorney that will not demand a 10K retainer but hourly fees quickly will add up. Only one thing is certain...if you fail to retain counsel any pleading you file may be stricken and you default taken. Once that happens, you will not be able to defend against a default judgment.See question
My lawyer has filed a motion to be relieved as counsel before trial on 08/2017 if granted will I have to pay his lawyer fees
Your attorney has a lien for fees and costs. Whether your lawyer can enforce the lien for fees will depend on facts you have not stated. You are always responsible for costs not reimbursed. For more on this issue see my blog post:
"Contingency Fee Recovery After Withdrawal or Discharge" at https://mrdaymude.com/contingency-fee-recover-after-withdrawal-or-discharge
Citibank, for instance, says it applies South Dakota laws. Will a California court apply the California statute of limitations of 4 years, or go with South Dakota's, which I think is 6 years?
For consumer debts, CA will generally apply CA SOL for CA residents if it is shorter. In many cases, choice of law is not the issue but when the statute starts to run and whether it was tolled.See question
We have a family pot/sprinkle trust where the beneficiaries are to receive income off investments only and not the principal. In a complex Trust, with multiple real estate properties, several sales of those properties five of which were remodeled/...
What do the terms of trust say? If it says only "reasonable" or is silent, get an agreement with the beneficiaries in writing regarding compensation and report monthly, or at least quarterly, so that if there is a problem it can be resolved before hand. As a trustee, you have an ethical obligation to avoid litigation over your fees. If you cannot get an agreement with the beneficiaries, you may wish to consider a petition for instructions.See question