Still married fiance's wife inherited a lot of money she went to jail for neglect and abuse they split is he it kids entitled $$
Michael's answer
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Answered on September 27, 2020
The inheritance, by definition is characterized as “separate” property as opposed to “community” property. The money belongs only to the...
We were served a entry of default based on a document that was stamped on the 5th but we were served on the 19th.
Michael's answer
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Answered on September 27, 2020
You need to file ASAP a motion under CCP sec 473 to set aside the default. Explain in your motion what happened along with a time-line and a calendar.
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What does STAY OF EXECUTION 30 DAYS PLAINTIFF'S EXHIBITS RECEIVED mean?
Michael's answer
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Answered on September 27, 2020
This terminology refers to delaying the time for enforcing the judgment. If it is a money judgment, the prevailing part can enforce the judgment by...
My attorney filed & served opposition to demurrer 3 days prior to hearing? Am I SOL?
Michael's answer
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Answered on September 27, 2020
Code of Civil Procedure sec 1005 is the idea section dealing with procedural due process and which spells out the time limits for motions,...
Restraining Order
Michael's answer
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Answered on September 27, 2020
I assume you are not talking about a CPO-criminal protective order...that you are talking about a civil DVRO under the DVPA. For such orders to be...
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Who makes the first move in the discovery process? Plaintiff or Defendant?
Michael's answer
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Answered on September 20, 2020
The defendant, by law, gets the first crack at discovery. CCP sec 20....A plaintiff cannot serve any written discovery for 10 days or send out a...
What happens if my ex went past his scheduled supervised visit time to give our daughter back?
Michael's answer
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Answered on September 20, 2020
Doubt any judge/court would be “upset” by a few minutes delay. Advise them to lep to a strict time schedule; keep a log. If it gets worse, go back...
Archived
My spouse and I are married and lived in the US more than 5 years. I moved to another country. Child support and jurisdiction?
Michael's answer
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Answered on September 20, 2020
If your spouse is still residing in CA, CA has jurisdiction. Who has the children? Plus you have requested DCSS here in CA to handle child support....
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How could I take someone out of my life?
Michael's answer
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Answered on September 20, 2020
Depending on your age, you could file a petition for emancipation. See California Rukes of Court Rules 3.1370 and 5.605.
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Should I move as we as a family had decided?
Michael's answer
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Answered on September 20, 2020
If your wife filed Resoinse seeking or agreeing to a Disso in CA, you won’t be able to dismiss the case and start over. CA legitimately has...