Archived
While Plaintiffs answered a motion to dismiss for failure to comply with discovery in an unlimited breach of contract suit,
Michael's answer
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Answered on January 21, 2013
Respectfully, your question is difficult to understand and therefore to answer. You need to comply with the judge's order. It is not discrimination...
Archived
How can I receive a continuance for a suit brought against me quickly and by myself?
Michael's answer
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Answered on January 21, 2013
You need to consult local counsel ASAP. I hope you are not in default. It is unclear from your post whether a petition has been filed in probate...
Archived
I am thinking about a chapter 13 bankruptcy. Are the fees I pay to the trustee in addition to the payoff amounts?
Michael's answer
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Answered on January 21, 2013
I agree with the answers of my colleagues. You would be well served to consult local Chapter 13 counsel. There are many "ins and outs" in the...
Archived
How honest should I be with my bankruptcy attorney if I had willfully ran-up credit card charges prior to filing BK?
Michael's answer
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Answered on January 21, 2013
I am afraid:
1) He will notify the courts of my actions – No, your attorney will not do that. He is duty bound to respect your confidences and...
Archived
In CA, can transfering property to a separate revocable living trust transmute it?
Michael's answer
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Answered on January 21, 2013
I would definitely have a separate written agreement.
Family Code section 852.(a) provides: “A transmutation of real or personal property is...
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Archived
Can I refile a motion if it was denied because I didnt go to court?
Michael's answer
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Answered on January 21, 2013
No. Your motion was denied. You cannot refile. You now need to file a written response (answer) to the complaint. You need to do that timely or...
Archived
I was told that the Power of Attorney is still Legal after death at a Crematory due to the Health part of the POA.
Michael's answer
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Answered on January 20, 2013
In CA a POA for Health Care (Advanced Health Care Directive) may authorize the holder to make anatomical gifts, authorize an autopsy, and direct...
Archived
In California I underwent foreclosure on my home and filed BK chpt 7 before the Sale at Auction. Can we buy a home now?
Michael's answer
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Answered on January 20, 2013
"Can we buy a home now?" -- Absolutely, so long as you qualify. Generally, lenders will consider a loan on a principal residence 2 years after BK.
Archived
I need to have a subpoena duces tecum served to the credit card company witness. Do I go to the Clerk of the court to get the
Michael's answer
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Answered on January 20, 2013
Yes, the clerk will issue the SDT. Code of Civil Procedure Section 1985 requires that the SDT be issued by a clerk or judge, signed and sealed but...
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Archived
What are the distance rules of a deposition in California? Trying to choose a lawyer.
Michael's answer
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Answered on January 20, 2013
I would retain counsel in the county where suit is filed. In most cases, it's substantially cheaper for the client to spend his time traveling than...
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