If I don't file an opposition to a motion and orally argue against it in the court can I still file an appeal?
Michael's answer
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Answered on June 14, 2020
You have written that the order is appealable. If so, and if you appeared at oral argument, you can appeal. However, unless you have a transcript...
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What's the correct way to attempt this motion to vacate?
Michael's answer
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Answered on June 14, 2020
I agree with Mr. Green. Unless you were also subject to a cross-complaint and the time to request trial de novo has not passed, it appears you are...
What expenses can a Trustee be reimbursed for if they are living in the home that’s to be sold within the Trust?
Michael's answer
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Answered on June 10, 2020
It depends on the terms of trust. In most cases, the terms (or if silent) would require rent from the occupant (the trustee has a duty to make...
Should we file a misconduct complaint with the State Bar about our attorney?
Michael's answer
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Answered on June 09, 2020
Review the State Bar website and available information regarding your options after arbitration. If I remember correctly, an attorney that fails to...
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I am in pro per and to want the attorney on the other side by email due to time limitations do I then have to do forever?
Michael's answer
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Answered on June 08, 2020
Serve by FedEx: the added time is the same, or less. (2 court days for electronic service, 2 calendar days for FedEx of moving papers per CCP...
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Do you need permission from the opposing counsel if you are serving them a motion in person?
Michael's answer
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Answered on June 08, 2020
You do not need permission for personal service: you must serve at least 16 court days prior to the hearing date. Do not wait until the last...
Do you have to get expressed permission from opposing counsel to serve motions/documents via fax or email?
Michael's answer
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Answered on June 07, 2020
It depends. In Los Angeles Superior Court, for example, any party that files electronically must also serve electronically. Electronic filing is...
Do i have the right to look for a second opinion regarding a settlement that was done between lawyer and defendant?
Michael's answer
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Answered on June 04, 2020
I agree with Mr. Pedersen. Your best option is to ask your present lawyer to negotiate your liens based upon the proposed settlement amount. That...
Are there any circumstances whereby you can stop paying your monthly HOA dues ?
Michael's answer
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Answered on June 04, 2020
This is no legal basis, under the facts you posit, to withhold your monthly HOA dues. Failure to pay your dues is never a good idea as it gives the...
Why does an attorney ask for a birthdate from a client?
Michael's answer
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Answered on June 02, 2020
Why does my attorney require my birthdate? This is a question for your attorney. I also require birthdates from my clients, as well as other...
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