Archived
How do I submit a portion of a filing so that only the judge sees it, not the other side or the public?
Michael's answer
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Answered on February 13, 2020
You need to review and follow Rule 2.551 of the California Rules of Court. Personally, I would find a way *not* to discuss litigation strategy (it...
Archived
Is it ethical to take half my retainer after conflicting themselves out of my case?
Michael's answer
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Answered on February 12, 2020
I agree with the comments of my colleagues. Curiously, you do not mention the profession or the amount that was withheld. The place to start your...
Is it a 6 month or 3 month deadline to file a CCP 473 motion to vacate in CA Superior Court ?
Michael's answer
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Answered on February 12, 2020
1. You should never rely on advice here. Important facts are always missing from posts, and answers are not exhaustive. Read my disclaimer,...
Archived
Is CA Superior Court's clerk's failure to file an amended complaint called "EXTRINSIC" fraud or "INTRINSIC" fraud under CCP473 ?
Michael's answer
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Answered on February 12, 2020
The clerks' failure to accept the amended complaint is neither type of fraud. You do not efile complaints with the courtroom clerk. In most cases,...
Archived
Is a civil litigation frivolous in California if all statutes of limitations are long expired on all causes of action?
Michael's answer
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Answered on February 12, 2020
I agree with Mr. Selik. You must plead and prove the defense of the statute of limitations. If it is a consumer debt, it might violate the FDCPA.
Archived
Can a creditor and collector of debt be the same person?
Michael's answer
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Answered on February 12, 2020
It is common practice for debts to be assigned and transferred. There is nothing unusual about the situation you describe. Focus on satisfying your...
Archived
The trustee delegated administration to an attorney though prohibited by trust. Atty ref to account and is now rep trustee in li
Michael's answer
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Answered on February 11, 2020
"How do I tell or show the judge this information?" -- You file an appropriate petition in probate court, respond to a petition filed by the...
Archived
Spousal privilege in a civil law suit?
Michael's answer
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Answered on February 11, 2020
Under the "spousal testimony privilege,” a spouse may refuse to testify against the other spouse and may refuse to be called as a witness by an...
Archived
Witnesses for a Self-represented civil defense?
Michael's answer
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Answered on February 11, 2020
You need to have the clerk issue a subpoena for trial. Yes, you can talk to the witness first. In fact, you should interview the witness first to...
Archived
In California civil law, is their attorneys fees recourse to me defend an untimely motion by another lawyer?
Michael's answer
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Answered on February 10, 2020
As a self-represented party, you have no right to recover attorney fees. If you are represented, your attorney would the one to answer this...
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