How long does it take for California State Bar to finish investigation of an attorney’s alleged misconduct?
Michael's answer
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Answered on July 14, 2020
I agree with my colleagues' comments. An investigation, particularly one that results in discipline, can take a very long time. As Mr. Pedersen...
Untimely reply to opposition to motion...
Michael's answer
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Answered on July 12, 2020
In CA, replies are specifically allowed to a MSJ. (See, CCP 437c(b)(4).) The five day service and filing requirement does not mean the responding...
What is the time limit on filing a creditor's claim on an estate when there's no admin appointed yet?
Michael's answer
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Answered on July 12, 2020
Unfortunately, your friend is right. You needed to file a claim in an open probate proceeding within one year of decedent's death. Filing the claim...
Do all bad actions of a CA lawyer fall into legal malpractice including theft and what kind of lawyer do i need to get to sue?
Michael's answer
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Answered on July 11, 2020
Ethical violations are matters for the State Bar. An elder abuse attorney should be able to help with a lawsuit and your mother's complaint to the...
In an appeal brief can I cite case laws that was not mentioned in my opposition papers?
Michael's answer
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Answered on July 09, 2020
Yes, you may cite to new legal authority.
How can a trustee access an account that is NOT a payable on death account?
Michael's answer
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Answered on July 09, 2020
You need to take the will and trust documents to an attorney. You may also need the addresses and contact information for all heirs and...
Archived
The Defendant in our case requested to declare us vexatious litigators when he couldn't (just to delay) and we need to file
Michael's answer
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Answered on July 08, 2020
You are not a vexatious litigant until declared so by the court. Still, I would consult counsel before moving forward.
Is there a time period from when I am no longer allowed to request for fee arbitration?
Michael's answer
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Answered on July 08, 2020
You must request fee arbitration within 30 days of receipt of a "Notice of Client's Right to Fee Arbitration." You should seek fee arbitration...
Archived
I fired my attorney 2 months ago and he will not write a termanation of representati
Ion
Michael's answer
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Answered on July 07, 2020
If the limited scope representation is noticed, you need to execute a substitution of attorney form and file it with the court. *You* means you and...
Request for admission and form interrogatory 17.1?
Michael's answer
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Answered on July 06, 2020
Relevance and annoyance are not valid grounds for an objection, particularly as to Form Interrogatories. Prepare to be sanctioned if a motion to...
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