What judgments can be set aside pursuant to CCP §473 discretionary? Mandatory is limited to default; what about discretionary?
Michael's answer
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Answered on January 31, 2023
CCP 473 will not help you--you defended the motion to set aside the default judgment, and you have not articulated any reason why it might be...
What to do with an attorney who for whatever reason has failed my case?
Michael's answer
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Answered on January 30, 2023
I agree with my colleagues. Since you no longer have confidence in this attorney, consult and retain another. Your new attorney can advise you of...
We just sold our joint property of over 10 years, and the sale gains went into his sole bank account was that allowed?
Michael's answer
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Answered on January 30, 2023
"We just sold our joint property of over 10 years, and the sale gains went into his sole bank account was that allowed?" -- If that is how the...
Can I be sued for breach of contract without being in a contract with planiff?
Michael's answer
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Answered on January 29, 2023
"Can I be sued for breach of contract without being in a contract with planiff (sic)?" -- Not only can you be sued, but you have also been sued....
Is it possible to file a motion to dismiss (by defendant) before being served?
Michael's answer
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Answered on January 29, 2023
You do not have to wait to be served to file an appropriate response to a lawsuit. So long as you have a copy of the complaint, you can waive...
Do I have to pay a court ordered judgement ahead a deadline given by the court if a lien is put on my property that's for sale?
Michael's answer
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Answered on January 28, 2023
If you have a judgment lien on your property, when you sell the lien will have to be satisfied even if it is not due before the sale: it will be...
What is the likelihood that a title company will bond around $6000 lien (deed of trust and assn of rents) from 1991?
Michael's answer
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Answered on January 27, 2023
If the original amount of the note is $6,000, the amount due, assuming you cannot prove any payments, is substantially more than $6K.
The fact...
I inherited 45% of my father’s home. My brother inherited 55%. I wish to sell the home. Can I force the sale?
Michael's answer
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Answered on January 26, 2023
Yes, you can file a partition action which will result in a forced sale if you cannot come to an agreement with your brother. However, it will take...
Can real estate investor have a secret sales contract where he makes profit right after he purchases a property in California?
Michael's answer
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Answered on January 26, 2023
"Can real estate investor have a secret sales contract where he makes profit right after he purchases a property in California?" -- Investors often...
What are my tenant rights in my situation? And how can a lawyer help in my case?
Michael's answer
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Answered on January 25, 2023
Your rights will depend on whether your tenancy is subject to rent control. Visit the LA Housing Department at https://housing.lacity.org/
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