I need to file a response for a motion in Alameda, CA superior court. This response is to a motion that a defendent filed to remove a lien on a house. This is part of a collection action that I filed many years ago. I would like to file this motion without a lawyer, as cheaply as possible, and... Read more »
It might depend on the facts of your case, but using pleading paper is generally in any type of California state court civil case. You can make your own pleading paper in Microsoft Word or other similar word processing program. You can download Word templates for pleading paper. Here's one...Read more »
I would be very surprised if the clause you quoted referred to something besides accounts and contributions made during the marriage. In California, accounts and contributions made prior to the marriage are separate property and the other spouse wouldn't be making a claim for separate property...Read more »
I don't know how Orange County does it, but in Northern California counties, I've never seen a defendant always have the same public defender at each court hearing unless the case is super complicated. For cases that are fairly routine -- I would put most misdemeanors in that category --...Read more »
My husband is being given the same amount of time a year and a half later of when he was arrested and his lawyer is telling him to take it. Shouldn’t the attorney have made some kind of difference in the case ?
I agree with Mr. Gribow. It's a common misconception that you will are guaranteed to receive a benefit if you hire your own lawyer versus representing yourself or using the public defender. Each lawyer has their own experience and perspective which might cause the lawyer you hire to have a new...Read more »
Whether he contributed to the mortgage from his salary is not the only consideration. Your salary during the marriage is community property (i.e. it is partially his). If you used your salary to pay for anything on the house -- mortgage, maintenance, landscaping, property tax, etc -- he could have...Read more »
I lived in a house for 6 months, and moved out march 31, 2018. A few weeks ago the land lord sent me a text saying I owe her a specific amount listing bills without reliable source information to verify them. Also the entire time living in the house I was never given access or information to bill... Read more »
The landlord can always try to come after you (e.g. small claims court, etc). You can't ever stop someone from trying to do something like sue you. I would agree with your intuition -- namely, if you did indeed owe that money, why did it take almost 4 months for the landlord to come after you...Read more »
We are just starting the divorce process, I was served yesterday. My ex already has a gf, and tomorrow he plans on leaving out son with her. My son doesn't feel comfortable with her and I don't feel comfortable that he is with a stranger that I don't know. I told him I was able to... Read more »
Without court orders, anything theoretically is possible. I think your best bet is to seek court orders stating something like "If dad is unable to take care of the child, mom (i.e. you) will take the child." That way, you have a definite entitlement/right you can enforce and it's...Read more »
My now x left me and left the dogs because she has no place for them. I originally said fine they can finish out the lease because I thought this was temporary she keeps saying they will stay here because she is on the lease things have gotten ugly between us I don’t want here dogs here I want to... Read more »
I concur with Mr. Light that you need to inform her she needs to get the dogs within a specified time period. You should not just suddenly get rid of them without giving her the opportunity to reclaim. That just gives her too much of an excuse to cause you further trouble.
Agree with Ms. Bradley that you should look at your current custody order to see what it says about vacations. I'm not sure how San Bernardino County does it, but the custody orders I see in Northern California counties will generally mention explicitly how vacations are to be handled. For...Read more »
You can hire your own defense lawyer, but your public defender is generally going to also work for the same county that the prosecutor works for. Public defenders and district attorneys will often work together a lot so they likely know one another socially and professionally also.
I have a restraining order against an ex due to domestic violence. He moved away to San Diego, so I remained in Rancho Cucamonga. I have just got wind that he moved back to Rancho Cucamonga and is within the vicinity. I do not feel safe and would like to move asap. Can I break my current lease... Read more »
I have not had a case on it before, but there is a Civil Code section (1946.7) that sort of addresses this. You can google "California landlord break lease domestic violence" and it comes right up. I am not clear on scope, though. In other words, if the restrained party lives in your same...Read more »
My ex has been in the same industry and much the same job title for 15 years but claims he "can't predict" his quarterly or annual bonuses. In the past bonuses have nearly doubled his annual income. I have been unable to afford an attorney to fight him on this. Our orders are from... Read more »
Yes, California counts bonuses when determining child support. There is something called a "Smith-Ostler computation" or "Smith-Ostler Order" that covers bonuses. I have seen this referred to as an "Ostler-Smith" as well so you may want to google both terms.
Anyone can sue anyone else for anything. Without knowing what you said, what the author is threatening you with, etc, there is no way to answer the question of what you can or can't do if you are actually sued. It all depends.
The old HO was supposed to fix a leak in the same bathroom (which was the new addition) and no proof they did it. Also, the water company said he has proof there it was leaking before we bought. Since we bought, we have had a hot water heater issue and other plumbing issues. Everything stated is... Read more »
There is no general answer to this question. Everyone in your position wants their charges lowered or dropped, but the district attorney doesn't just do that because the defendant wants it. Whether the DA does will depend on the facts of your case.
California's attorney general has a list of guns that are allowed to be sold in California (https://www.oag.ca.gov/firearms/certguns). I don't know if that list is also for guns that are allowed to be brought in to California by someone moving here. To be safe, I would assume it is....Read more »
This type of question is generally best answered by going to the courthouse itself. I've not been to Pasadena/Chatsworth courthouse before, but many family courthouses in California have lists of agencies who will refer you to free or discounted lawyers. These are sometimes run by that...Read more »
The name of the person who actually received these tickets, paid the fine in full. This person shares a same name, same birth month and same birth date except the birth year with me. Various Virginia Courts are saying they don't have those tickets under my name since the full DOB does not... Read more »
The easiest -- although likely not cheapest --- option is to hire a lawyer in Virginia who deals with traffic tickets, DMV stuff, etc. DMV stuff in California can get hugely involved. I have never checked, but would assume it is the same in Virginia.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.