When the COA dismisses your appeal without prejudice, can you refile it if you are beyond the 60 days period to file notice?
Michael's answer
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Answered on July 28, 2020
No, you cannot "refile" it. However, you can make a motion in the appellate court to vacate the dismissal and reinstate the appeal.
Archived
Documents and discovery in a civil lawsuit?
Michael's answer
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Answered on July 28, 2020
Discovery must be completed 30 days prior to the date first set for trial.
Archived
I contacted plaintiff attorney to advise him that basically I never been served
Michael's answer
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Answered on July 28, 2020
If you have written confirmation of the extension, that is enough. Nothing is filed with the court. Use this additional time to hire an attorney....
Archived
Is there any legal liability for recording a quitclaim on a property prior to a debtor recording an Abstract of Judgment?
Michael's answer
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Answered on July 27, 2020
An appeal of a default judgment? That is a loser out of the gate unless you meant you timely appealed the denial of a motion to vacate the default...
Is my doctor a fact witness or an expert witness?
Michael's answer
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Answered on July 26, 2020
An "explanation" of the diagnosis and treatment involves an expert opinion. You will need to pay his expert witness fees if you want such testimony.
Is it possible to prevent the sale of an asset in a trust by a trustee?
Michael's answer
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Answered on July 25, 2020
Respectfully, you need to consult an attorney. There is no "we" or "manager" of a trust. There are trustors, trustees, and beneficiaries. Real...
Archived
I am the appellant, can I file to dismiss the respondent's claim based on the fact that the attorney had no standing?
Michael's answer
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Answered on July 25, 2020
I have never heard of the objection: "the attorney has no standing." Standing is an issue for parties, not their attorneys. Respondent is not...
Archived
Can one answer and demur at the same time (unlimited jurisdiction civil case in California)?
Michael's answer
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Answered on July 25, 2020
Yes. See CCP 430.30(c): "A party objecting to a complaint or cross-complaint may demur
and answer at the same time."
Does a lawyer have to return the retainer of a client that is deceased to the family?
Michael's answer
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Answered on July 25, 2020
Parents of an adult child do not automatically represent his estate. I recommend you retain an attorney to handle the matter for you if your son...
Real estate litigation: Quiet title action and partition action?
Michael's answer
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Answered on July 23, 2020
All claims should be filed in the same suit. Joinder is probably required. Your ability to alter the percentage of ownership will depend on your...
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