Archived
Who is responsible for paying for a rebuilt fence, Company that owned the home when it was built or the Company who owns it now?
Michael's answer
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Answered on January 16, 2013
If anyone other than yourself is responsible for the cost of the fence, it would be the owner of the property at the time the cost was incurred.
Archived
If the party filed a Demur instead of answer can discovery be propounded?
Michael's answer
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Answered on January 16, 2013
I respectfully disagree with my colleague Mr. Schaeffer. There is no requirement that a complaint survive a demurrer before discovery can commence....
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Archived
RE: CA Revocable living trust, should out of state property held as tenants in common be included in the trust?
Michael's answer
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Answered on January 16, 2013
Yes, the interest of the trustor may include out of state real property. In addition to scheduling the property as property of the trust the...
Archived
I have been involved in a breach of contract unlimited civil action with a trial date set for the January 23, 2012.
Michael's answer
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Answered on January 16, 2013
I assume trial is set for January 23, 2013, not 2012. Unless you have an agreement with the opposing parties that electronic responses are...
Archived
Recently moved to colder climate. Landlord did not inform that heater needed to be left on or water drained. pipes froze and lea
Michael's answer
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Answered on January 16, 2013
I agree with the landlord.
Archived
Probate case: what rights does my husband have against his older brother?
Michael's answer
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Answered on January 16, 2013
then what rights does my husband have as another inheritor?
And now that the house will be put on for sale very soon, what rights do we have?...
Archived
Can you pay off a student loan with a credit card and later file for bankruptcy?
Michael's answer
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Answered on January 16, 2013
The problem is that if you had no intention or ability to pay off the debt you incurred to satisfy your student loan when you incurred the...
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Archived
Should I enter into a settlement for real property where the owner on title claims to have gotten on title by fraud?
Michael's answer
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Answered on January 16, 2013
I see several problems with respect to you gaining "clean title." You may have eliminated the defendants you mention but you cannot eliminate the...
Archived
When suing for fraud, is it adequate to state the cause of action is 'fraud' without specifying the type of fraud?
Michael's answer
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Answered on January 16, 2013
Fraud must be pled with particularity. That means the facts giving rise to any particular claim must be stated – not just the legal elements....
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Archived
Can my landlord evict me or have me get rid of my dog if she is not within the weight requirement?
Michael's answer
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Answered on January 16, 2013
The landlord's possession of the premises is not governed by the terms of any lease. Your possession is. It is not unlawful for the landlord to...
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