Can a plaintiff file a Request for Entry of Default even though I submitted my answer within the time frame allotted?
Jane's answer
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Answered on October 19, 2018
California law requires a plaintiff to serve a copy of the request for default by mail on the opposing party. That's why you received this in the...
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My prior law firm is not cooperating with my new lawyer for my auto accident case, what can be done and what are my rights?
Jane's answer
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Answered on October 19, 2018
The former lawyer has a legal duty to turn over your file to your new lawyer and especially to forward payment to you or your new lawyer for the...
How can I as a beneficiary of a trust get an accounting from the trustee who took over when my mother was declared incompetent?
Jane's answer
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Answered on October 19, 2018
While the beneficiary of the trust is still alive, the trustee's only duty is to her. Therefore, generally, you are not entitled to an accounting...
Will my pending lawsuit affect the title of a house my wife is buying?
Jane's answer
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Answered on March 28, 2013
If this is a business or contractual dispute, it's unlikely that the lawsuit could affect title to any real property that you or your wife may own....
Archived
Is this call a scam?
Jane's answer
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Answered on March 28, 2013
Yes, this is a common type of scam. Debt collectors' conduct is regulated by the Fair Debt Collection Practices Act. The Federal Trade Commission's...
Archived
How do I enforce a Stipulation for Settlement where Defendant didn't pay an appearance fee? Court rejected my motion.
Jane's answer
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Answered on March 28, 2013
If the defendant is unable to pay the fee and qualifies for a waiver of court fees, you could try to get her cooperation in submitting a fee waiver...
Archived
Guardianship or Durable POA for finances for elderly mother?
Jane's answer
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Answered on March 21, 2013
My sisters and I have similar issues with our mom, age 88. Recently, someone called and claimed her granddaughter was in serious trouble and she...
Archived
My dad wants me to inherit his house when he passes. Should we just do a quitclaim deed now?
Jane's answer
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Answered on February 09, 2013
I agree with Mr. Davis. Quitclaiming the house to you will probably have unanticipated and expensive tax consequences. Your dad should consult with...
Archived
I have questions regarding removing 1 of 3 successor trustees, as well as possible elder financial abuse.
Jane's answer
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Answered on February 09, 2013
I agree with my colleagues' responses. My firm practices in the area of elder financial abuse here in Monterey. I would be happy to review your...
Archived
How to revoke dismiss with prejudice
Jane's answer
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Answered on February 07, 2013
Because you dismissed D3 "with prejudice," you will not be able to re-file a lawsuit based on the same facts. If D3 committed fraud, it is possible...
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