Suing multiple defendants, some but not all of them miss their responsive pleading deadline: should I file a MTS, or amend?
Michael's answer
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Answered on February 17, 2017
An unverified answer to a verified complaint is no answer at all. So you could probably file a first amended complaint without leave of court. This...
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WHAT DO I DO NOW
Michael's answer
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Answered on February 17, 2017
The court will rule on the demurrer--it will overrule the demurrer, sustain the demurrer without leave to amend or sustain with leave to amend. If...
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How am I paying child support and I have my kids 5 days out of the week
Michael's answer
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Answered on February 17, 2017
Each parent has a duty to support his or children. California follows a state-wide mandatory minimum guideline for child support. Support is based...
What is the process in a temporary ex parte order?
Michael's answer
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Answered on February 17, 2017
The emergency order is only temporary and lasts until the actual court hearing on the motion for custody and visitation. However, you should have...
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Does a motion to strike cancel default?
Michael's answer
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Answered on February 17, 2017
What does the proof of service date show? What is the basis for the motion to strike? In any event a clerk's default was entered. So the next thing...
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Do I still need to submit production of documents if scheduled deposition did not happen?
Michael's answer
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Answered on February 17, 2017
No. A deposition notice can require a deponent to produce documents but this is not considered a document production which is a separate process...
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How to not pay child support.
Michael's answer
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Answered on February 17, 2017
A child is entitled to share in his father's increased standard of living even if the increased level of support incidentally benefits the mother....
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My wife had a general power attorney, but she open a bank account, she had a check payable to me for 130,000, she deposit.
Michael's answer
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Answered on February 17, 2017
Did your wife hold your general power of attorney? If so, she could use it to do the transfers. So, she would be in breach of her fiduciary duty to...
I Will be spending inheritance money on my wife, child, and our shared home. Is this considered commingling incase of divorce?
Michael's answer
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Answered on February 17, 2017
Under California law, your inheritance, by definition, is your separate property. In order to keep it separate always keep the account separate. If...
Can a trustee look into a closed account activity?
Michael's answer
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Answered on February 17, 2017
You need to ask your bankruptcy lawyer.