Archived
Does CCP 2025.420 refer to depositions when a person sits down and is sworn or business records from deposition subpoena?
Christine's answer
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Answered on October 17, 2017
Generally applies to an in person deposition but a court can order that deposition be made via written discovery.
Archived
Serving a non party with a depos subpoena-do I send the subpoena to the parties/their counsel or will the depo notice be enough?
Christine's answer
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Answered on October 17, 2017
You need to serve the non-party. The attorney for the party is not good enough.
Archived
When is the deadline for exchanging exhibit lists and exhibits in a civil case in San Francisco Superior Court?
Christine's answer
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Answered on October 17, 2017
The judge will have local rules that deal with this issue but it is likely too late unless this particular judge allows you to exchange them on the...
Archived
Does my wife have to share proceeds from sale of house awarded to her in probate, due to clause in handwritten will?
Christine's answer
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Answered on October 17, 2017
I think your wife is on good legal footing since probate closed 3 years ago and the property was awarded to her in probate without condition. That...
?if the estate takes multiple years to settle is the executor entitled to a fee for each year and if so at what rate?
Christine's answer
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Answered on October 16, 2017
No, the fee is set by statute as a percentage of the estate. As stated you could seek extraordinary fees but if the estate would have closed...
Archived
What is meant by investment opportunities that have arisen directly from any investment of either Petitioner or Respondent?
Christine's answer
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Answered on October 16, 2017
Have you had the opportunity to make an investment that could result in financial gain.
Archived
Are you required to file a motion before entering a stipulation of the parties?
Christine's answer
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Answered on October 16, 2017
Prepare a supplement to your MSA where you state your agreement and file it with that court. That is all that is needed.
Archived
What are you to do when your trial counsel failed to ever interview you, failed to speak to or call any of your witnesses?
Christine's answer
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Answered on October 14, 2017
This is not a constitutional rights issue but I will change this question to criminal defense for your appeal and request for new trial options.
Archived
Do I give the records for a subpoena when I was also served by objections?
Christine's answer
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Answered on October 13, 2017
You do not produce the records until you receive a stipulation from all parties or a court order.
Archived
My sister son stole from my dad before he died if I open probate will I have to sue my sisters son?
Christine's answer
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Answered on October 13, 2017
No you do not have to sue unless you want to for the benefit of the estate. If he has no assets suing him would not benefit the estate.
