Archived
I received a 10 day notice to apply for a hearing at the DMV based on being arrested for a DUI and was denied a hearing
James's answer
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Answered on December 21, 2010
The action of the DMV is reviewable by the superior court by fining a writ. Unless you present a good case that you were not driivng with a BAC...
Archived
2 three day notices and a 30 day notice
James's answer
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Answered on December 21, 2010
Maybe, but you will have to plead all your affirmative defenses in an answer. Remember, if you were personally served with the Summons and...
Archived
Shouldn't my landlord still be responsible for basic maintaince( a heater needs fixed) even though he is taking us to court?
James's answer
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Answered on December 18, 2010
I can't speak as to the law of OH, but in California the answer is Yes. If you were a CA resident, I would advice you to write a letter to your...
Archived
What is the name of the legal form I need to file? I wish to overturn an court ordered eviction to regain occupancy of my home
James's answer
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Answered on December 18, 2010
I really can't answer this accurately without more information. However, there is no "form" to file. You can attempt to file a Motion to Stay the...
Archived
First offense Driving on suspended, I can't get a DL and want to know the fine and if there is time in jail that has to be serve
James's answer
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Answered on December 18, 2010
California Vehicle Code 14601 and its related sections prohibit driving when you know that your driver’s license has been suspended or...
Archived
Do I surrender my home or retain it on bankruptcy form B8 if I have more equity than my state's homestead exemption permits?
James's answer
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Answered on December 17, 2010
CA provides the followng exemption for real or personal property you occupy including a mobile home, boat, stock cooperative, community apartment,...
Archived
How can a trustee get a chapter 7 bankruptcy case dismissed ( deny discharge) ? If Multiple ways? which is easiest?
James's answer
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Answered on December 17, 2010
There are many ways. However, the most popular way is to file a motion for abuse prior to discharge. This would be filed, for among other...
Archived
Keep unlawful detainer off my record
James's answer
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Answered on December 17, 2010
Be sure you are not agreeing to a judgment! In Sonoma County is is common for a tenant to sign a Stipulation for Entry of Judgment. This is not a...
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