Archived
When being granted A Motion to Dismiss WITHOUT PREJUDICE mean that your statue of limitations are frozen and you can refile ?
Gerald's answer
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Answered on February 16, 2019
No. A dismissal of a case without prejudice means the case can be filed again, but only if the statute of limitations has not run at that point. ...
Can a attorney take on a case that has a trial date knowing he has already has another trial scheduled for that same date?
Gerald's answer
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Answered on February 13, 2019
If your question is whether those are good arguments to use in your Opposition to the motion for a continuance, yes.
Archived
Motion to oppose the opposition of my motion to compel?
Gerald's answer
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Answered on February 13, 2019
If you want to contest evidence or arguments contained in an Opposition to a motion, you do so in a Reply Brief. Be sure to comply with the timing...
Does California Tenant Law supersede a lease agreement in regards to landlord access?
Gerald's answer
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Answered on February 13, 2019
Civil Code section 1954 deals with landlord entry and the notice requirements. Civil Code section 1953(a)(1) provides protection against any...
Archived
Car accident
Gerald's answer
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Answered on February 12, 2019
Yes, the relatives have regular personal injury claims. If the cousin was not insured, the cousin can likely claim for economic damages, but not...
Archived
How can I obtain a copy of my dads trust.?
Gerald's answer
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Answered on February 12, 2019
Make a written request to the trustee for a copy of the trust. Send it certified mail, return receipt requested. If he does not send you a copy,...
Archived
Will my house have to go through probate?
Gerald's answer
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Answered on February 11, 2019
Without the "right of survivorship" language, you can avoid a full probate proceeding by using the spousal petition method. It is not as simple as...
Archived
Who is the beneficiary of an unmarried person?
Gerald's answer
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Answered on February 11, 2019
That depends on what her ownership interest in the house is, and who her heirs are. If the property was held in joint tenancy, it will pass to the...
Archived
Should I proceed with any legal actions for a soft tissue dooring scooter accident?
Gerald's answer
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Answered on February 11, 2019
Yes, you have a viable personal injury action. Get a personal injury attorney; you will almost always get more money if you use one. Do not talk...
Archived
Is there a generic form for a petition to remove an executor/trustee?
Gerald's answer
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Answered on February 10, 2019
There is no generic petition. It is generally a difficult legal procedure to remove a trustee. If your sister only became (successor) trustee...
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