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Michael Raymond Daymude
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Michael Daymude’s Answers

7,774 total


  • Fraudulent HELOC loan - need to know how to communicate with the bank when they refuse.

    In Riverside County, CA. My grandmother with long-term demensia owned her home free and clear and it was in a living trust. My father was the trustee/co-owner. My father died & after his death his brother took out a $150K loan (HELOC) on her home...

    Michael’s Answer

    You have a complicated issue. You will not obtain the help you require from this forum, nor can you accomplish an acceptable result on your own. Given the fact pattern, it is unlikely IMO you will find help on a contingency basis.

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  • What website can a plaintiff look up laws to see if he can sue defendants counsel for illegal practices?

    Civil personal injury case: I want to understand my rights in general, when it comes to dealing with defendants counsel. I have talked to civil rights, who said I need to file a complaint. But there are other issues, misconduct, invasion of priv...

    Michael’s Answer

    I doubt any court or the CA State Bar will take your allegations regarding defense counsel seriously. Counsel owes duties to clients, not adverse parties. It would be a rare case where defense counsel violated a duty owed to a third party, especially one that is adverse.

    The place to bring up these issues is in the presently filed case, in opposition. For example, if you can prove defense counsel has lied to the court regarding a material issue, I am sure the court would be interested in your proof. That proof should be asserted in your opposition or by separate motion.

    That being said, you need to remember there are usually 3-sides to every story and not every misstatement is a lie. The court is the ultimate arbitrator of the truth and may disagree with your factual assessment.

    I believe I am like most attorneys. My eyes roll when I hear the word “lie.” This is especially true when there is no proof, only an allegation. The fact you have alleged a plethora of misconduct without specifying any facts leads me to believe you lack legal or factual support for the allegations.

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  • My spouse signed quit-claim deed when we bought the house, i want to refinance, would she have to submit quit-claim deed again?

    Adding to the info in the question, the property is considered as sole and seperate property and not a community property. The title has only my name. Will refinancing the house force me to get another quit claim deed from my spouse?

    Michael’s Answer

    "My spouse signed quit-claim deed when we bought the house, i want to refinance, would she have to submit quit-claim deed again?" That will depend on the lender and the requirements of the title insurer.

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  • [info withheld] about probate a home was sold on the 7 of this my lawyer has been unreachable at office or phone

    what should I do

    Michael’s Answer

    Keep trying. Write a letter and/or email.

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  • I have a judgment against me in a trial de novo, is there anything further that i can do?

    As a defendant in a trial de novo, a monetary judgment was awarded to the plaintiff. Now I've received a notice asking me to pay the amount awarded. I certainly can't do that I'm on disability and have been for the last four years. And because the...

    Michael’s Answer

    Your post is contradictory. I assume this was a small claims court appeal and you lost at the appellate level. If so, you only have one judgment against you—the one entered at the trial de novo.

    If you are on disability, it is unclear how you can obtain employment. It is equally unclear how a judgment will prevent you from obtaining work.

    Review the following webpage to obtain an answer to your question: http://www.dca.ca.gov/publications/small_claims/collect.shtml.

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  • I was sued in California Limited Superior Court but want to counter-sue in Unlimited Superior Court. Where do i answer?

    The Limited and Unlimited courts are in 2 different court houses about 20 miles apart. Do I have to answer the suit in Limited Court and then file my cross-complaint in Unlimited court? Or can I file both the answer and cross-complaint in the unl...

    Michael’s Answer

    You can file a cross-complaint to the present action and state in the caption that the action is a limited civil case to be reclassified by cross-complaint.

    Code of Civil Procedure section 403.030 provides: “If a party in a limited civil case files a cross-complaint that causes the action or proceeding to exceed the maximum amount in controversy for a limited civil case or otherwise fail to satisfy the requirements for a limited civil case as prescribed by Section 85, the caption of the cross-complaint shall state that the action or proceeding is a limited civil case to be reclassified by cross-complaint, or words to that effect. The party at the time of filing the cross-complaint shall pay the reclassification fees provided in Section 403.060, and the clerk shall promptly reclassify the case.

    I strongly suggest you consult and retain legal counsel before you shoot yourself in the foot.

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  • Do I need to insert the language of document requests propounded on me and the language of special interrogs propounded on me

    i my responses. I know this is done in responding to regular FIs but is it also required when responding to other discovery requests?

    Michael’s Answer

    Assuming this is state court, the answer is no. You do need to insert both in a separate statement when filing a motion to compel further responses.

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  • NBA Start Caught Taping Teammate - What are the chances of a successful lawsuit?

    Recently, NBA Los Angeles Laker play Deangello Russel video taped his teammate Nick Young, without permission and through his mobile phone, talking about how Nick cheated on his fiance. Later, the video tape somehow got released (Deangello claims...

    Michael’s Answer

    Respectfully, Avvo is not the place to obtain help with homework.

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  • Attorney Fee Question--Specific to California Mandatory Fee Schedule for Probate---which I understand supersedes contracts.

    In California, I am part of a Living Trust. I hired a lawyer and signed a contingency contract. The case ended up with a Probate Judge, in Probate Court, and has a Probate Case number assigned to it. My understanding is that California has a manda...

    Michael’s Answer

    Trusts are not subject to the probate fee schedule. The probate fee schedule is only for the administrator and counsel for the administrator. If you are a mere beneficiary, your fees are outside any mandatory fee schedule, even in probate. So, your lawyer is right unless you are the appointed administrator of a will. I assume your sister is the named successor trustee.

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