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Defendants have a website, and that website is the only place the Plaintiff can get documents to support their complaint against Defendants. Defendants continuously state that Plaintiff's show no documentation of anything. Defendants have had Plaintiff's locked out of their account for... View More
answered on Feb 15, 2020
You need to utilize the discovery process. You do not have to have a trial date set to start discovery. A Plaintiff can start discovery 10 days after the Complaint is served and up until the discovery cutoff date, which is a fixed number of days before trial. No trial date, no cutoff. If the... View More
answered on Feb 15, 2020
You likely will not find one for free. You may, however, be able to find one that will take your case on contingency. You want to look for a local tenant's lawyer and ask for a consultation.
The defendant is harassing me to file an EJ-100 (in Alameda, CA) which she was not entitled to as she still owed about $1000. I decided to file the EJ-100 (but did not notarize the form) is it wasn't worth trying to collect the debt. Do I need a notarized version? She is demanding that I... View More
answered on Feb 15, 2020
On number one, the ship has probably sailed on that. you don't generally get do overs in Court. If you do it wrong the first time, you have to live with the consequences. An appeal can be possible, but only if the Court erred, not if you did. As for the rest, follow the Court order. I... View More
Dad left a will that my step mom stay in the house till she passed. She passed away . Now his other will sates house is to be sold and divided with all 7 children. what rights myself as his daughter do I have?
answered on Feb 15, 2020
The executor of the estate should sell the house and distribute the proceeds. You have the right to challenge the will, if you have some reason to believe it was legally invalid, but in doing so, you may run into a common clause in wills that if you challenge the will, you are disinherited (if you... View More
My mother purchased a computer for my son to use at my house. It wasn’t working correctly so he asked if he could take it and work on it and bring it back. I don’t know how to fix it so I told him by this past Monday to have it back. He said fine. I also told his father. My mom told him... View More
answered on Feb 15, 2020
Not much in a practical sense. You could file a small claims action, but that may not be worth the time, money, and effort it takes to go through the exercise of it all. Your best bet is to deal with the situation yourselves and work it out. I realize that may not be possible, but it is your... View More
by Sierra Pacific Industries who sprayed 1000's of gallons of Agent Orange on their property adjacent to me. I suffered 21 days breathing this toxic soup and now suffering from Emphysema and Chronic Bronchitis. I have filed suit on time in El Dorado county and need help! This was the second... View More
answered on Feb 15, 2020
We are not allowed to personally solicit or give referral information in these forums. You can search this site for attorneys, however, and a number of other similar sites. You want to find a personal injury attorney in your area and get a consultation. She can tell you whether you have a viable... View More
I did not know about this contract signed 11/2018 , until friend sent photo of panels on home. Sister passed 2019 , now I'm dealing with this. Solar company says they only needed one signature. I told them without co-owner signature ? They said yes. Told them they should require both home... View More
answered on Feb 15, 2020
A co-owner has rights to the undivided whole of the property and could sign such a contract. What you need to find out is if the contract was secured by your real property. If it was a secured loan, then the solar company can ultimately force a foreclosure to get their money out, subject to any... View More
Can a defendant sue in a probate case if the complaint is based on Known libelous statements that was proven to be libelous in an unrelated harassment order case where the defendant in the current probate case was the plaintiff & the witness for the plaintiff in the current probate case was the... View More
answered on Feb 15, 2020
The standards are different for restraining orders than they are in a civil probate matter. When in doubt in a restraining order situation, the Court errs on the side of caution and grants the restraining order. In a civil matter, you have to prove more likely than not you are correct, and are... View More
loss prevention accuse my husband I'm trying to run him over and my husband was charged with assault with a deadly weapon out of the six videos that was given for evidence only one could be open for trial he also testified against my husband. my husband lawyer requested a retrial because of... View More
answered on Feb 15, 2020
Most security systems automatically overwrite prior footage after a certain time, say two weeks. This happens automatically unless someone specifically saves footage. Loss prevention may or may not have had a duty to save its footage depending on whether it knew there was an active case that... View More
During a scheduled Demurrer hearing, the Plaintiff's were live via a Court-Call hookup. The Plaintiff's waited for 54 minutes for the Defendants or their attorneys to appear, neither did. This 54 minute wait included the judge having the Plaintiff stand by to see if Defendants showed up.... View More
answered on Feb 15, 2020
The Plaintiff likely did not show up because there was no opposition. It is also likely that the Court had made a tentative ruling. In most jurisdictions, if no one calls to contest the tentative, and notifies the court and opposing counsel of its intent to appear, then the tentative becomes... View More
Specifically "I am a therapist" not "I am a psychologist".
answered on Nov 20, 2019
First thing, if you are not an MD do not hold yourself out to being one, directly or indirectly. For instance "psychiatrist" suggests a medical license. There are a number of paramedical professionals with degrees . You do not want to be confused for claiming a degree or license that... View More
I rent 2 rooms in a house, but my rental agreement specifies I have nonexclusive use of the two rooms. Do I still have an expectation of privacy and quiet enjoyment? Can my landlord use this wording to restrict guests?
answered on Nov 20, 2019
This sounds like a lease that an attorney did not draft. But it says what it says, so you need to deal with it. Your lease gives you a right of possession to some real property. If it is non-exclusive it means that you cannot exclude another party who may have possessory rights too (this is... View More
I sent a text to my ex from my new number apologizing for my past I said I hope she is doing well then received a text back saying if I keep contacting her I will get a restraining order but I haven’t tried contacting her in the past 2-3 years
answered on Nov 20, 2019
She can always seek a RO. Anyone can. Whether it will be granted is another story. It depends entirely on your history and that of your relationship with your ex. If I were you, I would stop any further contact. If you absolutely have to say something, say that you will respect her wishes and... View More
We purchased an occupied multi-family property, however the previous property owner did not provide us with copies of the tenants' lease/rental agreements. How can we obtain copies of these agreements? Are the tenants obligated to provide copies to us? If not, is there any other source? Do we... View More
answered on Nov 20, 2019
Great question. Your first step should be asking the seller for the agreements. There is a decent chance that the purchase and sales agreement you used to buy the property requires them to provide this information. That failing, you can always ask the tenants. Just be aware that you are bound... View More
The state gun laws do nothing for the law abiding citizen and make it easier on criminals to attack citizens. I feel discriminated against as a law abiding citizen. The people responsible for making every gun law don't have enough knowledge and experience with firearms. I've recently just... View More
answered on Nov 20, 2019
You can challenge a law as being unconstitutional if you have been concretely and particularly injured by the law. The interpretation of the Second Amendment is in question right now, and there is a great deal of litigation involving the interpretation and extent of the Amendment.
For a... View More
This attorney. How do I know if the court reviewed my motion and declaration? How do I know if he’s going to grant or deny my motion and how long does opposing counsel have to respond.
answered on Nov 20, 2019
You can never know how much attention the Court gave to your papers. If they were properly filed ad formatted, then the odds are quite high that they were fully considered. The opposition is generally due 9 court days before the hearing (start at the hearing date, don't count the hearing... View More
My ex has kids Tuesday night and he drops them off at school Wednesday morning and I pick them up at 3pm. During thanksgiving break what time should he drop kids off to me 8am or 3pm. In courts paperwork it stats during school breaks parents day overrides breaks. Does that mean it’s my... View More
answered on Nov 20, 2019
It really depends on the specifics of your custody agreement. The devil is in the details. I would generally assume, absent some language to the contrary, that when the parent would drop off the kids at school is when they should drop the kids off at the ex's place on a holiday. If you are... View More
I filed an action in the Orange County California Superior court in July of 2018 and just got a default judgment against a California LLC from that court for over $80,000. The LLC filed its dissolution on November 28, 2018. I believe the members are liable under California Corp code 17707.07(b)... View More
answered on Nov 20, 2019
You can, in some instances, add a person to a judgment as an alterego of the judgment debtor, but this is irregular and not common. The whole point of an LLC (or any corporate form) is Limited Liability. The corporation is liable but the members are, by default, not personally liable for the... View More
During a short while a start up company I allowed them to charge money to my card and reimburse me for it. After I left there was some questionable charges that turns out to be things they reimbursed me for and they are demanding the money back. The total was around $1980. Can they do anything for... View More
answered on Nov 20, 2019
If you reported the charges as fraudulent, and the charges were reversed, AND your former colleagues reimbursed you for costs you didn't actually incur, then you have gotten something for nothing. You got reimbursed for money you didn't spend. Your former business partners have a claim... View More
They have lived there for 4 years. the lease has expired and is now month to month.
answered on Nov 20, 2019
You are going to need to give them notice, at least 30 days, possibly 60. You should consult with a local landlord-tenant lawyer who can handle this issue. The cost is modest compared to the difficulty and risk of doing it wrong. If they choose not to leave after the notice, you have to proceed... View More
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