Archived
Do police officers have the right to search our car without a warrant? If so, how does this apply to our fourth amendment right?
Antoinette's answer
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Answered on June 20, 2013
There are certain exceptions to the 4th Amendment created by case law -- exigency, destruction of evidence, ability to leave the scene, etc.
Archived
In CA, is the foreclosure process judicial or non?
Antoinette's answer
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Answered on June 20, 2013
California is a non-judicial foreclosure state. That's not to say a judicial foreclosure can't be done. But the norm is non-judicial. Under the One...
Archived
How should someone without legal representation file a family law contempt case?
Antoinette's answer
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Answered on June 20, 2013
Contempts are very difficult to plead and to prosecute. You need to decide whether you are going to file a civil or criminal contempt. The...
Archived
General denial was answered by plaintiff with discovery. is there any way around complying?
Antoinette's answer
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Answered on June 20, 2013
You must comply with discovery or you are subject to sanctions by the Court. If you don't comply, the Court can order your answer stricken.
Archived
I was foreclosed upon by my 1st mortgage company and had a second mortgage secured against same property can second sue me?
Antoinette's answer
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Answered on June 19, 2013
The second or junior lien can sue you, not the first lien holder, for the whole amount of the loan. Depending on the amount of the loan, you can...
Does a Quiet Title Action require a cause of action?
Antoinette's answer
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Answered on June 19, 2013
Quiet Title is a cause of action. You should consult an experienced real estate attorney.
Archived
Can a trust deed that passed through chapter 7 be litigated after discharge without re-opening BK
Antoinette's answer
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Answered on June 19, 2013
A Chapter 7 bankruptcy discharges the debt but does not remove the lien from your property. That can only be done through a Chapter 13. In order to...
Archived
Will going to notary republic and signing over legal guardianship to my sister can that stop cps from putting my kids in the sys
Antoinette's answer
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Answered on June 19, 2013
No. However you sister can request guardianship through the Dependency Court. Discuss this option with your attorney.
Rules of Court for Minor Counsel
Antoinette's answer
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Answered on June 18, 2013
Minor's counsel is exactly that -- your child's legal representative. There is a reason the Court appointed an attorney to represent the child. ...
Archived
What will happen when I stop paying on my Home Equity Loan?
Antoinette's answer
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Answered on June 18, 2013
If you stop paying, the lender can either foreclose or sue you. They most likely won't foreclose since they would have to pay off the first...
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