Archived
Siblings who inherited property according to their mother’s trust. Does each sibling need a living trust too?
Joseph's answer
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Answered on February 10, 2020
Your mother's trust will distribute according to its terms. It is that trust that is being used to avoid opening an estate in probate. The...
Do I need a declaration with My Motion in Limine in Santa Clara County?
Joseph's answer
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Answered on February 10, 2020
As Mr. Watters said, motions in limine are creatures of long practice and habit. They are not authorized by statute or the rules of Court. Some...
Archived
Serving husband (wife) via wife (husband) at residence?
Joseph's answer
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Answered on February 10, 2020
You need to serve both the husband and the wife. They are both Defendants and both need to be served a copy of the summons and complaint. ...
Archived
My court date is on 2-21-2020 can I ask for later court date ?
Joseph's answer
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Answered on February 10, 2020
You may be able to have the matter continued. I'm not sure f this is a hearing, a small claims case, or a civil trial, so my answer is general;...
Can the court reject my amended complaint submitted electronically for filing pending the motion to dismiss for not filing?
Joseph's answer
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Answered on February 10, 2020
If I understand this, you had a demurrer sustained against you, you were given leave to amend your complaint within a certain time (probably 10...
Archived
How can I file a lawsuit against a person who lives in a different state?
Joseph's answer
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Answered on February 10, 2020
You can certainly file a suit, the question is just where. Texas is almost certainly a proper jurisdiction to file. The residence of a defendant...
Can I be bought out even though I don't want to be bought out and rather sell the house I own with my soon to be ex-husband?
Joseph's answer
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Answered on February 07, 2020
What is the difference to you if he buys you out or you sell it and take the same amount of money out of the sale? As long as the buyout is at...
Archived
I was attacked by the operator of a hostel in Lake Tahoe primarily for his negligence and vendetta what are my options?
Joseph's answer
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Answered on February 07, 2020
There are no real damages here, and only the weakest of causes of actions. Any litigation would be a waste of your time and effort.
Archived
Order and Findings and Recommendations-
normal practice of magistrate Judge after getting response from a party in action
Joseph's answer
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Answered on February 07, 2020
The Recommendation goes from the Magistrate to the District Judge (think of Magistrates as assistant judges who need their supervisor to sign off),...
Archived
What else needs to be served with the summons and complaint?
Joseph's answer
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Answered on February 07, 2020
I would do just what you suggested. Hand serve the summons and complaint, and also provide them with the discovery to date. It will just speed...
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