Should I serve the Defendants a statement of damages ie punitive, emotional distress damages first prior file entry of default?
Michael's answer
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Answered on April 11, 2021
If this is a personal injury case or if punitive damges are requested, you must serve both at least 30 days before you can request entry of...
Archived
Can my boyfriend kick me out of our home?
Michael's answer
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Answered on April 11, 2021
Now is the time to retain family law counsel. You have an equitable interest in the house and are entitled to child support. Don't delay. Support...
Archived
Signed a contract with seller to purchase. He is trying to cancel last minute. Now what?
Michael's answer
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Answered on April 11, 2021
A lawyer would have to review your escrow instructions before any advice could be offered. Instructions may contain a mediation or arbitration...
Any ideas how to become a party to a civil property partition case?
Michael's answer
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Answered on April 11, 2021
The appointment of a receiver is part of the partition process. In most cases, the property will ultimately be sold and the proceeds divided....
Archived
Can my mom kick me out without a 30 day of she rents the property ?
Michael's answer
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Answered on April 11, 2021
Unless you’re paying rent, you don’t even have the status of a lodger. As long as you stay beyond your welcome, you’re trespassing.
Archived
How can I respond to a complaint without a lawyer? Is this possible?
Michael's answer
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Answered on April 10, 2021
What is your business structure? Unless you have a general partnership, you will need a lawyer. If you are being sued for wage and hour violations,...
Archived
What does the judge mean when she says to you in court, "you have a remedy?
Michael's answer
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Answered on April 10, 2021
You need to consult counsel. The remedy is not simply showing the will to the judge. Your previous case is over, dismissed. The remedy is probably...
Archived
CA - Can an attorney waive personal service for a Request to Set Aside Order?
Michael's answer
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Answered on April 10, 2021
Yes, the attorney can acknowledge receipt of the RFO and it's sufficient for all purposes so long as it is in writing (email is sufficient).
Lawyer gave me estimate, but never disclosed fee structure. Now fees are 3-4 times the estimate. Can I contest this?
Michael's answer
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Answered on April 10, 2021
Unless you are a corporation, if services and costs are expected to exceed $1,000, you should have a written fee agreement that spells out exactly...
California - Due date for response to my Request to Set Aside Order and how long will I have to Reply?
Michael's answer
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Answered on April 09, 2021
Opposition is due nine *court* days before the hearing. The reply is due five *court* days before the hearing. Both must be served so that they...
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