How long do I have to file the long form paperwork? Or do I not have to YET? The atty made a comment about his needing a responsive pleading extension. This made me think he was going to file something then I would have an atty handle the rest, but I haven't heard or received anything. Now,... Read more »
It is very common for the defense to file a demurrer instead of an answer. It does not mean you screwed up. Even if you did, most mistakes can be fixed on amendment.
I am the cross-plaintiff in the case, and I have a cross-complaint against cross-defendant.
I will file the opposition to cross-defendant's demurrer soon, once the demurrer is overruled, what procedure should I do to request court make the judgment before trial, so I can shorten the... Read more »
The Procedure is a Motion for Summary Judgment.
A loan was made for 80k payable for one year at a 1k per month with an interest rate of 8%. At the end of the year the note would become due in full. Payments were made until the year was up and Covid hit. Since then no money has been paid.
The first step, if they refuse to pay is either an attorney demand letter, or, if they continue to refuse to pay, a lawsuit.
Note, there are strict deadlines to file lawsuits.
This answer does not constitute legal advice and does not establish an attorney-client relationship.
This judge may have dementia.
In California there is a governmental agency dad overseas judges and discipline the judges.
https://cjp.ca.gov/
In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... Read more »
Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.
In California, complaints are made to the State Bar here: https://www.calbar.ca.gov/public/complaints-claims/how-to-file-a-complaint
I wish to hire an attorney to help with preparing an "opposition to motion to deem matters admitted". Is it possible to hire for only that, or will attorneys require they represent me throughout the entire case?
Yes, you can hire an attorney to write the motion, or only assist you on the motion or for any or all of any part.
In lawsuit draft lawyer states dates that have nothing to do with our case, stated use of wheelchair when we stated use of walker! Politely asked false info be removed and then once again asked for 2nd date that does not exist which we refused to furnish!
Mistakes of facts in lawsuits may not matter at all and it may not be worth amending the complaint.
If there were not two incidents, but the lawyer thinks there is, this could be a sign of miscommunication. Ask the lawyer to discuss the case.
There is an agency that disciplines judges
https://cjp.ca.gov/
I know that Mandamus reinstatement mitigates legal malpractice damages. 1.) BUT, that horror cost me 2 1/2 years of my life & much legal fees. Other than the Bar complaint, the atty gets away w/ it & I'm stuck w/ 2 1/2 yrs of my lost life & a lot of legal fees? Continuing... Read more »
So sorry to hear what you have been through.
While there are not enough facts to positively answer your questions, some information can be provided.
While there may be mitigation, that does not mean that there is no case, it only means that damages may be less than if mitigation was... Read more »
I answered the lawsuit within the 30 day period however they filed a "motion to deem request for admission". The hearing (which doesn't require an appearance) is scheduled for 3/4/22. Problem is, I was never served, mailed, or emailed any Request For Admissions. What motion should I... Read more »
File an opposition.
Send fax to defense attorney.
My mother was sued by a debt collector in California and had a lien placed on her home. There was no notification and was never served to appear in court. Apparently, the court sent my mother a notification after the fact that she had a judgment filed against her and now has a lien against her... Read more »
Review the court file and do a motion to set aside judgment.
There are strict time deadlines so that you must file your take action or be forever barred from relief.
I was awarded $13,000 for non disclosure of assets from my ex. He sent a $100 check. The judge did not mention how he was to pay. He has several successful companies and can afford the lump some.
Unless a judge orders otherwise, you do not have accept a payment plan.
CCP § 472 may so indicate:
472.
(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the... Read more »
My father is currently in a Nevada hospital, now at day 5 we're told he might not make it. He was having cold like symtoms and slight shortness of breath, he was contemplating even going but decided to just to have them take a look just in case. He wasn't struggling, no signs of of lack... Read more »
The hospital’s medical records. Also known as the chart.
Los Angeles city attorney did not file my court documents in time and missed an important deadline. Can i get help to sue ?
Thank you for your question.
Yes there are attorneys who specialize in suing attorneys, as I do.
The Specialist will need to know:
Name and City of Attorney and Law firm;
what the attorney did wrong,
your financial damages due to the malpractice,... Read more »
If a diagnosis of skin condition that is highly contagious won’t be tested for after 2x of asking the doctor to, be negligent or irresponsible?Family member confided that after uncle was diagnosed with skin thing she highly suspected another condition. Called doc left message, she emailed doc,... Read more »
Yes, it may be malpractice (must be confirmed by a competent medical doctor.
No matter what the doctor says and does now, the patient or patients need to see other doctors right away.
Assuming the definitions, the answer is no. It is, at least, two criminal violations
It is my opinion that Dr.D treated the patient within the standard of care at all times.Dr.properly and within the standard of care recommended and performed a series of injections in knee. Dr.D properly consented to the knee injections (but the informed consent form with the client's... Read more »
Is the opinion admissible? With a proper foundation, yes.
In 1998, he created a QPRT for them, which owns their home. Their three adult children are beneficiaries. Two of the beneficiaries don't like the idea of inheriting a house without a step-up in basis. The lawyer wrote to the third, who is the successor trustee, to tell her that, and also that,... Read more »
Yes there is a conflict of interest, but it is the transferring of the asset that is the most immediate serious issue.
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