Archived
When is my time limit to mail notice of hearing? Before 120 days or 15 days before court? Can't find it in the local rules.
Bryan's answer
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Answered on December 18, 2015
Probate Code section 1220(a): Notice must be served 15 days before the hearing. Add 5 calendar days for service by mail. But why wait until the...
Archived
Would a recent dui hit & run conviction be important to bring to the attention of the probate court to help get her kicked off?
Bryan's answer
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Answered on December 18, 2015
If you have a strong enough argument on points that are directly relevant to your causes of action, I wouldn't discuss the traffic crimes as well. ...
Archived
Can I refile it?
Bryan's answer
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Answered on December 18, 2015
You may be in over your head. It's not too late to retain an attorney. But depending upon the discovery cutoff date in your case, it may be too...
Archived
Can the lender do it?
Bryan's answer
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Answered on December 18, 2015
Unfortunately, yes. If you and the bank did not sign a document reciting your agreement in October, they can change the terms.
Archived
Arbitration clauses in contracts... How to preserve a person's right to adequate legal representation.
Bryan's answer
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Answered on December 18, 2015
First, you have to explain to me how an arbitration means losing your legal rights, aside from the stipulation not to go to court first. It's a...
Archived
Does a trust contest petition need to be personally served or proof of service by mail is fine?
Bryan's answer
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Answered on December 18, 2015
Check the local rules. When you have your hearing date, remember to serve a probate Notice of Hearing on ALL interested parties.
If you're pro...
Archived
Can I file two separate claims 1 for the bad check and 1 for the remaining balanced owed as the whole amount exceeds maximums
Bryan's answer
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Answered on December 18, 2015
No, you cannot file two separate actions in small claims court for damages that occurred from the same facts and events. You can sue in small...
Archived
I really don't need to stay. Is the lease void now?
Bryan's answer
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Answered on December 18, 2015
The answer may be in your lease agreement. Otherwise, you run the risk of eviction and a court judgment for the rent owed, plus costs of suit. ...
Archived
Do I have any legal action I could take
Bryan's answer
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Answered on December 18, 2015
The fastest and most efficient remedy would be to sue your former employer in small claims court for the day's pay. But send a letter to them...
Archived
I think i know the answer to this one - no need to insult me. toddler, loss of consortium??!?
Bryan's answer
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Answered on December 18, 2015
It's called pain and suffering (damages, not a tort). Loss of consortium applies to the injured party and his or her "consort."
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