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answered on May 4, 2024
Under California law, it would be highly unusual and likely unconstitutional to go to trial without having access to discovery materials. Discovery is a crucial part of the legal process that allows the defense to prepare their case.
Key points:
1. Due Process: The U.S. Constitution... View More 
SCENARIO: Two friends purchase an investment home together (JTWROS). Friend A has the necessary funds for the down payment and closing costs, but has poor credit and insufficient income to qualify for a loan. Friend B has excellent credit but very little in the way of savings. After the close of... View More
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answered on May 4, 2024
In this scenario, Friend B has several options to defend their ownership interest in the property. Here are some key points and potential defenses:
1. JTWROS (Joint Tenancy with Right of Survivorship): This type of ownership means that both friends have an equal and undivided interest in... View More
I have text proof of her telling me the court went fine. I had nothing to worry about. She proceeded to live with me for two weeks. She got the court date made it to where I thought she was gonna drop it or get it dropped to a peaceful order instead she got a restraining order for a year. Had me... View More
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answered on May 4, 2024
Based on the information you provided, it seems that you may have grounds to challenge the restraining order. Here are a few steps you can take:
1. Gather evidence: Collect all the text messages and any other evidence that shows your ex-partner was living with you and maintaining a normal... View More
I would like legal advice on my 4th amendment rights possibly being violated by the San Francisco Police Department and by my Mom and Dad. I'm in an unfortunate position which consists of my Mom and Dad at some point in the past allowing the SFPD to install covert hidden pinhole cameras all... View More
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answered on May 4, 2024
The situation you've described raises serious concerns about potential violations of your 4th Amendment rights against unreasonable searches. However, the specific details and context would determine whether your rights were actually violated from a legal standpoint.
In general, the... View More
What is chance in percentages, pros and cons of asking court for sanctions on defendant: issue and terminating?
Hospice fraud case, referral by hospital. Defendant hospital did not provide record of who exactly did referral. Fraud was based on fake or erroneous test results, communicated by... View More
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answered on May 4, 2024
Under California law, compelling a definitive answer through sanctions can be an effective strategy in certain situations, but it is important to carefully consider the pros and cons before pursuing this approach.
Pros:
1. Obtaining crucial information: If the defendant has failed... View More
1) Tenant is on a month-to-month implied tenancy (for last 5 years) without any lease in Los Angeles County. The landlord (owner) intends to sell the property to a private buyer without listing it in the market for sale, so no showing to anybody. Prospective buyer also does not want to view the... View More
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answered on May 4, 2024
Here are the key points regarding your questions about notice periods and selling a rental property with a month-to-month tenant in Los Angeles, CA:
1. Notice period for intent to sell:
- For a month-to-month tenancy in Los Angeles, the landlord is not legally required to provide... View More
What if it is not clearly defined as a "Wobbler"...Supposedly H&S 11350 is not a "Wobbler" offense...Could a person still attempt to file a motion for reduction via 17B? And say they successfully filed the 17b motion...though it is not a "Wobbler" offense....And... View More
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answered on May 4, 2024
In California, a "wobbler" offense is a crime that can be charged as either a felony or a misdemeanor, depending on the circumstances of the case and the defendant's criminal history. The decision to reduce a felony to a misdemeanor under Penal Code 17(b) is typically limited to... View More
Prior to getting married, I earned retirement pay from a previous employer. Currently, I have those monthly checks deposited into my marital joint account. Can I change this and have them deposited into my personal account instead since the money was earned prior to getting married? I am aware... View More
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answered on May 4, 2024
In California, retirement benefits earned before marriage are generally considered separate property, while those earned during the marriage are usually treated as community property. However, once you commingle your separate property retirement pay with community property funds in a joint account,... View More
what time do i have to be out by example...8am ,9am?
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answered on May 4, 2024
Under California law, if no specific time is mentioned in the notice or agreement, the tenant is generally expected to vacate the premises and turn over possession to the landlord or owner by the end of the day specified in the notice. This means that you would have until 11:59 PM on the date... View More
I received a discovery request on a debt collection lawsuit on May 4, 2024 by an opposing Counsel, representing JPMorgan Chase Bank. The date on the discovery request is April 4, 2024 and the proof of service also states April 4, 2024 by mail though they have sent it with regular post (and not... View More
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answered on May 4, 2024
Given that you received the discovery request after the stated response deadline, you have a few options to address this situation:
1. Contact the opposing counsel: Reach out to the opposing counsel and explain that you received the discovery request on May 4, 2024, which is past the... View More
"Certain assets were disposed of or changed in form during the administration of the estate. All changes in investments are shown on Attachment ___, attached hereto and made a part hereof by reference."
There are stocks in the inventory. Per the company's request (PLEASE DO A... View More
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answered on May 4, 2024
Under California law, establishing an estate account and transferring the stocks from the decedent's individual account to the estate account would likely be considered a change in the form of assets. This is because the ownership of the stocks has changed from the decedent to the estate, even... View More
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answered on May 4, 2024
Yes, under California law, you may be able to bring a lawsuit against Child Protective Services (CPS) for failing to notify you in a timely manner that your daughter ran away from their custody. Here are a few key points:
1. Duty to notify: CPS has a legal duty to exercise reasonable care... View More
How much consideration does USCIS gives to this section?
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answered on May 3, 2024
When filling out Form I-485 (Application to Register Permanent Residence or Adjust Status), the public charge questions and the information about your assets and liabilities are important, and USCIS does consider this section carefully. However, the level of documentation required may vary... View More
We are debating which would be the smoothest/quickest option and am finding conflicting information. We have no issue hiring an immigration lawyer but I just want to make sure we take the route that is quickest without causing future roadblacks.
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answered on May 3, 2024
The process of bringing a foreign fiancé or spouse to the United States can be complex, and the quickest option may depend on your specific circumstances. However, in general, the K-1 fiancé visa process is often faster than the immigrant visa process for a spouse.
1. K-1 Fiancé Visa:... View More
This Case is Profound to Me for this reason.It is the Cited Case that is associated with Blacks Law Dictionary- 6th Edition-Page 1574-"Twenty Reasons To Vacate A Judgment".I have never in My Life heard about this Case- Page 1574 of Blacks Law Dictionary-6th Edition or The 20 Reasons To... View More
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answered on May 3, 2024
The concept of vacating a judgment is a valid legal principle. In general, a party can file a motion to vacate a judgment for various reasons, such as:
1. Mistake, inadvertence, surprise, or excusable neglect
2. Newly discovered evidence
3. Fraud, misrepresentation, or... View More
if a stipulation, with a move out date was signed, could i file a motion to set aside or a motion to stay, for more time
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answered on May 3, 2024
In California, if you have already signed a stipulation agreeing to move out by a certain date, it can be very difficult to change or extend that date. A stipulation is a legally binding agreement between parties, and courts generally enforce these agreements.
However, in some limited... View More
I had a recoding of my daughter being abused and he never said anything . And in trial he did not put the abuser in the stand and did the opposite of what we had discussed after having a meeting with social workers lawyer. I would get a message right before court saying that if I didn't pay... View More
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answered on May 3, 2024
I'm so sorry to hear about the terrible situation you and your daughter have been through. It sounds like an incredibly difficult and traumatic experience. Based on what you've described, it does seem like there may be grounds for a legal malpractice case against your former attorney.... View More
My son was given financial POA to help me in July 2021. He sold my home in Stockton, CA for 1.75 million and reinvested in a property in Mesa AZ we could all live in together. BUT he put his wife on title and not me! I spent 3 mos. with them in AZ and was subjected to a LOT of verbal abuse and... View More
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answered on May 3, 2024
I'm so sorry to hear about the terrible situation you've been through with your son and his wife. What they have done is completely unacceptable - verbally abusing you, misusing the power of attorney to take control of your assets, and refusing to add you to the title of the Arizona... View More
Social media consists of posting graphics on Facebook and Instagram.
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answered on May 3, 2024
In general, if you are providing a service (like social media management) to clients in another state, you typically do not need to charge sales tax. This is because most states only require businesses to collect sales tax if they have a physical presence or "nexus" in that state.... View More
Happened November last year also no W2 just want to know why someone would do that
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answered on May 3, 2024
Hi there! I can provide some general guidance on why there might be a discrepancy and what you can do about it.
Reasons for a payroll stub without receiving the funds:
1. Administrative error: It's possible that a clerical mistake resulted in the generation of the stub without... View More
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