If i was sued for quiet title to an irrevocable license or prospective easement and I win, can I recover my attorney fees?
Gerald's answer
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Answered on August 24, 2017
Generally, the "American Rule" is that parties pay their own attorney fees. The exceptions involve contracts/agreements providing for attorney...
Archived
Is there any way to advance a case management conference date?
Gerald's answer
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Answered on August 24, 2017
If you are literally dying (have less than 6 months to live, with a doctor's diagnosis), you may be able to bring a motion for preference on an...
Archived
Can a Plaintiff file court papers without serving all parties that will be affected, including dismissed parties?
Gerald's answer
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Answered on August 22, 2017
Once a dismissal has been entered, the dismissed party is no longer served with papers in the case. This assumes the party is now out of the case...
Archived
I am in pro Se in Aalmeda Superior Court How do I file for postponement or extension of my case due to medical reasons??
Gerald's answer
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Answered on August 22, 2017
If you can afford to pay an attorney on a limited scope basis, just to handle the trial continuance, you should do so. Courts do not like to move...
Archived
Is this contract binding?
Gerald's answer
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Answered on August 21, 2017
You have to read and understand the contract. if you can't or will not do that, you need to have someone, best would be a rel estate attorney,...
Archived
We live in California my husband is an only child his mother died leaving no will does he have to go through probate?
Gerald's answer
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Answered on August 21, 2017
Assuming there is also no trust, the answer depends on what type of property his mother had, how title is held to the property, and the value of...
Archived
Im Taking someone to small claims court and I finally found them sitting in their car so I serve them the papers
Gerald's answer
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Answered on August 20, 2017
You can not serve the papers, because you are a party to the case. Use the Sheriff or a private process server, or try to have them served by...
What do I do next?
Gerald's answer
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Answered on August 20, 2017
Assuming there is no trust, and the home is titled only in your father's name, it will pass to his heirs. If the 4 kids are the only heirs, you...
How to use Demurrer to defeat claims barred by the statue of limitations when the complaint is untruthful as to the dates?
Gerald's answer
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Answered on August 19, 2017
You can not demurrer if the Complaint does not give you a basis to do so. The only "facts" the court considers are those on the face of the...
Archived
Why do attorneys refuse to do unbundled legal services work to file a post judgement motion?
Gerald's answer
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Answered on August 18, 2017
You are not looking hard enough, or using the most efficient search terms. Many attorneys now offer limited scope representation. See, for...
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