What happens when a lawyer has issue with their trust account and what kind of issues might there be ?
Michael's answer
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Answered on August 14, 2021
What is your issue? So long as the account is an IOLTA account there should not be any issues. Why do you believe it is a personal account and not...
When you serve a motion to compel on the other party via an electronic provider, how many court days in advance do you need?
Michael's answer
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Answered on August 13, 2021
You need 16 court days plust two court days for proper notice with electronic service.
Renting out my moms house
Michael's answer
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Answered on August 12, 2021
I agree that your mother needs to set up a living trust to protect the home from Medi-Call recovery. Since 2017--a special trust is not required....
Documents returned to sender
Michael's answer
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Answered on August 11, 2021
When proof of service by mail is authorized, so long as a person over 18 and not a party to the action has served and filed a proof of service by...
Rental property in SF with existing tenants. Property tax will go up significantly. What are our options?
Michael's answer
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Answered on August 10, 2021
Your questions are beyond the scope of this general Q&A forum. Seek local real estate counsel familiar with SF Rent Control Ordinance, taxation of...
Statute of Limitations on alleged unpaid Draw
Michael's answer
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Answered on August 10, 2021
The date the complaint was filed is determinative, not the date of service.
You may have a SOL defense, but the terms of your employment...
Is there case law or statue in California that prevents you from suing for damage to property that isn’t yours?
Michael's answer
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Answered on August 10, 2021
All lawsuits must be prosecuted in the name of the "real party in interest." Usually, but not always, the real party in interest would be the owner...
Can my landlord do a handwritten eviction note and expect me to move in 60 days after I have been paying him rent for over 11 y?
Michael's answer
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Answered on August 10, 2021
Unless you are under rent control or another ordinance prevents the landlord from terminating your tenancy, in CA, the landlord can terminate a...
What do I need to do to transfer real property to a trustee who will be a custodian for a minor?
Michael's answer
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Answered on August 09, 2021
To transfer property to a trustee, you need a declaration of trust. You can transfer property to a custodian without a trustee. Respectfully, this...
In California, can additional exhibits not included with the original motion be added in a response to an opposition ?
Michael's answer
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Answered on August 09, 2021
A reply (a response to the opposition) is limited to 10 pages. The page limit does not include exhibits or declarations. Exhibits, by themselves,...
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