Is it reasonable to ask the court ex parte to advance the hearing date on a motion to compel discovery that would allow for a full presentation at a demurrer hearing? Or, would the court generally not favor such a motion?
Yes, you could proceed ex-parte for an order shortening time for the Hearing. However, as the others have said, the court most likely will not look favorable on such a motion. It really isn't an emergency, which is what ex-parte hearings are for. And being brought at such a late date, after you have already filed the motion will not look good either. Further, as the others have said, a demurrer is limited to what is in the complaint, not extrinsic evidence so there is the very real possibility that the court would not even look at such evidence.See question
I would like a sample letter that I can send for a collection agency, in CA. The collection agency is asking me to send a letter in which they will send verification. I would like to get the debt verified and find out if it is possible past the St...
I basically agree with Mr. Shields. However, I would add that you dispute the alleged debt. That they are governed by the FDCPA and that they are no longer allowed to call you. To communicate only in writing.See question
My wife has about $8000 in debt from a previous marriage. Our situation is such that we can no longer make payments on this. We have a mortgage and no significant assets. I work full-time and she is a stay-at-home mom. What are the consequences if...
I agree with my esteemed colleagues. You will not be affected credit wise by your wife filing BK. As they said she will have to disclose your income. To answer the 2nd part of your question, since her debts are her separate property it will be very difficult for the creditors to come after you if they get a judgment. However, if the debts were incurred during your marriage even if they get a judgment against her they can still garnish your wages as your income is considered community property as would be the debt.See question
I want to know if my wife files for bankruptcy next week and I have a basic (nothing terribly serious) personal injury claim pending from a car accident I was just in, is that something she would need to disclose on her bankruptcy schedules? Is it...
This can be a complicated question. Unfortunately, most BK trustee's do not understand family law.
The general rule to division of money or property that is acquired during the marriage and is community property is that of an “equal” division. There are exceptions of course. One such exception is personal injury compensation, which has its own California Family Code rules.
This answer only addresses personal injuries if the cause of action for the damages arose during the marriage, not those that arose before marriage or after separation.
California Family Code section 2603 defines "Community estate personal injury damages" as "all money or other property received or to be received by a person in satisfaction of a judgment for damages for the person's personal injuries or pursuant to an agreement for the settlement or compromise of a claim for the damages, if the cause of action for the damages arose during the marriage but is not separate property as described in Section 781, unless the money or other property has been commingled with other assets of the community estate."
Family Code section 2603 further states that "Community estate personal injury damages shall be assigned to the party who suffered the injuries unless the court, after taking into account the economic condition and needs of each party, the time that has elapsed since the recovery of the damages or the accrual of the cause of action, and all other facts of the case, determines that the interests of justice require another disposition. In such a case, the community estate personal injury damages shall be assigned to the respective parties in such proportions as the court determines to be just, except that at least one-half of the damages shall be assigned to the party who suffered the injuries."
So, personal injury settlements or awards that fall within section 2603 are given to the injured spouse unless the court finds another distribution is appropriate.
It would then be my opinion that the possible recovery needs to be disclosed but, at the most, she would only need to exempt half of the anticipated recovery. . There are also special exemptions that apply specifically to personal injuries. You should talk the BK attorney regarding those.See question
This may be tough for you attorneys to answer but I need an answer from someone out there. My stepson just sat through a Motion Hearing that I feel was so unjust, unfair and a total break down of our Judicial System. When is it OK to have a Motion...
I would have to agree with the responses already provided. It is hard to comment intelligently on something without either personally being there and/or reading the papers. Moreover, one must remember that your view is highly biased and might not be exactly what actually happened. One of the problems your step-son might have had is that the papers might not have been filed properly, on time or not filed at all. If that was the case then it is within the judge's discretion not to review them. While it is highly unusual for a Judge not to allow the other side to comment or argue there is no absolute right to be heard, especially if the judge has read all the papers filed with the court. He is under his rights to make a ruling based upon those papers without any oral argument. Thus, it could be hard to get the judge to reverse himself. Your step-son might want to file a new RFO to get the issue back in front of the Judge.See question
What happens in California family law when a party fails to responds to an OSC,
I am quite sure that counsel meant that if you don't show up the the RFO (formerly OSC) would most likely be dismissed, not the entire case. Nonetheless, whey you say "fails to respond" I am assuming you are talking about legally filing a paper response with the court. If that happens, one is not required to formally file a paper response, they could still show up to court and orally argue against your motion. If, however, there has been no paper response filed and the other side fails to show up at the hearing, there is a very good chance you will get what you are seeking ordered, as long as it is not illegal or unreasonable.See question
I am around 24K in debts between credit cards and loans (some of it are from a private lenders) I really can't afford to pay all because my montly income are low. What should I do? Should I consider a bankruptcy? If yes, what chapter?
While what David says is true, "The answer to your question depends on the type of debt you have, your monthly income, the results of means testing, exemptions, etc. " it is my belief that whenever possible one should try to file a Chapter 7 instead of a Chapter 13 unless they want to stop their home from being sold in foreclosure, car repossessed, etc. From the small amount of facts you provide I believe you would easily qualify for a Chapter 7 but you should consult with an attorney to confirm.See question
He received service and didn't show up. The case was filed in Federal Court in Los Angeles. A year later, he files bankruptcy and seeks to "discharge" debt. I am listed as one of many creditors. He filed bankruptcy court in Federal Court in ...
This can be a rather complicated answer. Yes, you will have to file an adversary case in the BK case in order to have the debt declared nondishargeable. If you do not do that then your debt will be discharged regardless of your judgment. You have a limited time to file one so I would not delay. The real question is whether or not your default judgment will have any res judicata effect or will you have to litigate. Usually in order to get res judicata under those facts depends upon whether or not there was actual testimony (in a prove up) or evidence regarding the fraud. Without that you just might have to litigate which you need to evaluate if it is financially reasonable for you to pursue.See question
I surrendered my car in May, it was always breaking down and unreliable causing me to fall into more debt. The bank finally sold the vehicle 2 weeks ago and are reaching out to me to set up a pay plan on the balance to keep a good standing with th...
Yes, you can surrender as many cars as you would like in a Bankruptcy. However, with proper planning you may be able to continue to drive the car(s) while your bankruptcy is pending & surrender them after your case is over. Thus, you should consult a bankruptcy attorney to get more information regarding this possibility.See question
In the past two years I have had 2 wage garnishments. This morning I received a 3rd. I am at the end of the rope financially. Should I file Bankruptcy? What can I do to stop the Garnishment? I literally cannot make it if this goes into effect.
The simple answer is that upon the filing of a Bankruptcy Petition an automatic stay is immediately put into place which stops all garnishments. Basically, once your employer is notified of the filing they are not allowed to continue to garnish your wages pursuant to the garnishment.See question