Archived
My attorney quit two weeks before settlement conference. I havent been able to find a.replacement yet.
Michael's answer
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Answered on February 24, 2017
How was your attorney able to quit so close to the trial date. Did you dismiss or fire him or her? Did he or she file a motion to withdraw that was...
Archived
How long before my court reservation must I file a motion for stay of proceedings? Does this motion fall under CCP 1005?
Michael's answer
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Answered on February 24, 2017
Be sure to check the Local Rules of Court. The deadlines in CCP sec. 1005 likely apply. See CCP sec. 1005((a)(13)
Motion for Reconsideration filing deadline
Michael's answer
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Answered on February 24, 2017
Motions for reconsideration are covered by statute. California Code of Civil Procedure sec. 1008. You can go Google it. So you h ave 10 calendar...
Archived
Can I file a complaint with the State Bar and how can I respond to the motion in front of the judge?
Michael's answer
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Answered on February 24, 2017
Under California law, the file, excluding unpublished attorney work-product, belongs to the client. The client can demand that the file be turned...
Archived
Can I file a demurrer on these grounds? What else can I do????
Michael's answer
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Answered on February 24, 2017
Demurrers are allowed in unlawful detainer actions. CCP sec. 1170. But a demurrer, by definition, admits the truth of the factual allegations made...
Archived
How would someone dispute a lawyers motion to withdraw? Is there a response form, or do you just show up on the day of court?
Michael's answer
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Answered on February 24, 2017
This depends on the grounds asserted by the attorney as well as the timing of the motion in relation to the trial date. If you have an upcoming...
Archived
Does someone subpoenaed have to testify if they don't want to
Michael's answer
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Answered on February 24, 2017
The court has the power to force a subpoenaed witness to testify. If the witness still refuses to testify, the court can hold the witness in...
Archived
Do i have grounds to appeal a child support decision if the other party didnt give me copies of their taxes or income and expens
Michael's answer
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Answered on February 23, 2017
Family court judges have vast discretion. Appellate courts usually uphold the family court judge's orders based on "no abuse of discretion." The...
Property Manager's Liability Insurance vs. Property Owner's Liability Insurance
Michael's answer
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Answered on February 23, 2017
Each insurance carrier has a duty to defend as well as a duty to indemnify. Each carrier will provide counsel to defend its insured. There could be...
Archived
In california is a renters insurance claim loss legally mine once they give it to me even if it is for a specified purpose?
Michael's answer
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Answered on February 23, 2017
The insurance payment (settlement) is apparently for damage to her personal property(the apartment contents), correct?If so, the settlement money...