Archived
Small Claims Demand Letter: When closing up a demand letter, am I required to include the exact date I will file in court?
Gerald's answer
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Answered on September 09, 2017
No, you do not need to put the time frame or date, so long as you don't file until after the date (if any) you have given them to pay you has passed.
Archived
In California can I be locked out if I filed a UD-105?
Gerald's answer
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Answered on September 09, 2017
You really need to consult with an attorney, because you lack a basic understanding of the unlawful detainer procedures. A 3 day notice (which may...
Does back and forth email communication satisfy the meet-and-confer requirement for discovery?
Gerald's answer
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Answered on September 07, 2017
You are required to make a genuine good faith effort to resolve all the issues. You can do this in any format, but you better make sure you use...
Does a proof of service need to accompany a motion for summary judgment when mailed to the opposing party?
Gerald's answer
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Answered on September 07, 2017
Take a look at Code of Civil Procedure section 1013(h). It says that sending a proof of service with the served documents is NOT mandatory. ...
Hello I need trustee removed from my father's estate our trust?
Gerald's answer
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Answered on September 07, 2017
Courts are reluctant to remove trustees absent a clear abuse. In your case, for example, unless the trust document requires consent from...
Archived
Can I start an intestate matter in court? I have been managing a property in San Bruno which belonged to my late brother.
Gerald's answer
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Answered on September 07, 2017
Yes, you are in serious need of advice. Your first problem is the one year statute of limitations for bringing an action against a decedent, found...
What form would I use to become executor of an estate ?
Gerald's answer
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Answered on September 06, 2017
You are likely to be able to just use an affidavit procedure, but you will need to be sure that the entire estate was/is small enough to qualify,...
Archived
Discovery Cut Off - Does Responses must be provided time 30 days Trail or does have to be propounded upon party 30 days Trial?
Gerald's answer
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Answered on September 05, 2017
The cutoff pertains to the date the responses are due. You must propound your discovery so that the date the responses are due is at least 30 days...
Archived
Do I respond to a Defendant's Answer?
Gerald's answer
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Answered on September 05, 2017
You do not have to respond to the Answer.
Will my children automatically get the 50% of the property my brother and I own after I die?
Gerald's answer
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Answered on September 05, 2017
That depends in part on how title to the property is held. If you and your brother are "joint tenants", the survivor of the two of you gets the...
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