What do you need to include in a motion substituting a successor in interest for deceased defendant?
Michael's answer
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Answered on February 18, 2020
In most cases, the successor-in-interest will be the estate of the person who died. If an estate has not been opened, you need to open it first so...
Archived
Is a client responsible for unnecessary costs incurred by his or her attorney?
Michael's answer
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Answered on February 18, 2020
I agree with Mr. Pedersen. Most fee agreements provide authority to incur costs at the sole discretion of the attorney. A transcript (and therefore...
Archived
My persona lawyer told me to negotiate my own medical bills with the other party's attorney. Shouldn't he be the one doing that?
Michael's answer
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Answered on February 18, 2020
I assume there is more to your story than you have written. Essential facts are missing. Obviously, there has been a severe breakdown in the...
I filed a respondents brief and it got rejected by the clerk of the Court of Appeal, now it's beyond the deadline,what can I do?
Michael's answer
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Answered on February 16, 2020
If your brief was not filed, there is nothing to strike. Have you received a 15-day postcard? If not, reformat and refile with 15 days of receipt....
Archived
If a california trust forbids delegation of administration by trustee, she is not sick or incapable,
Michael's answer
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Answered on February 16, 2020
I agree with Ms. Peters. It appears you do not understand the role of an attorney in trust administration. The facts you describe do not cause...
Archived
My lawyer has not responded to emails for over a month. How do I get him off the case?
Michael's answer
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Answered on February 15, 2020
I agree with Mr. Klatt's comments. Two additional points: (1) it is common for a settlement to take a month or longer to implement; (2) there is no...
Do I appeal the original order, the order on my motion for reconsideration or both?
Michael's answer
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Answered on February 15, 2020
Neither. You appeal the judgment. I believe you have posted earlier regarding this matter and advised to seek the advice of appellate counsel. That...
When a "proof of service form CH-250" that is filed with the court by the respondent's attorney, is not signed or completed?
Michael's answer
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Answered on February 14, 2020
It is unclear if the form you reviewed is the form (or only form) filed with the court, as opposed to an office copy. In any event, arguing over...
Archived
What do you do when opposing part dies in a probate case being sued for fraud?
Michael's answer
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Answered on February 13, 2020
You will need to substitute a successor-in-interest or the party's estate in place of the defendant if the cause of action survives (most do). I...
I have a default Judgement that is 9 years old. I didn't go to court to fight it. can I still vacate it? or do something?
Michael's answer
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Answered on February 13, 2020
If you were served with process and failed to defend, there is nothing you can do to vacate it at this time. You may wish to consult bankruptcy...
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