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A protective order during discovery is leverage available to each party IF based on PROPER grounds. You do not have to stipulate (agree) with their request. Instead, you can challenge the validity of their grounds, so do not let the court grant the protective... View More

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You can bring a breach of contract, implied warranty, express warranty, or tort damages (e.g., negligent, emotional distress).

The house may need to be examined by an expert to testify about the damages.

Different factors may be involved such... View More

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Under the Common Interest Development Open Meeting Act, most meetings of the board of a community association must be open to attendance by the association's members (excluding exceptions).

Members must be allowed to speak at any meeting of the... View More

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If the motion to quash is granted, the case gets dismissed. If a lawsuit gets dismissed twice, the Plaintiff cannot sue you about that claim anymore. You can file a motion to quash and answer together, or separately (motion to quash must be first).

I... View More

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You can file a motion to compel the defendant to provide the true answers. Attach the signed lease as the supporting evidence for the defendant's untruthfulness.

You can also seek sanctions. If the discovery response is verified, it is also... View More

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1. For your mother to get the mortgage under your name, there is no need to add your name to the deed.

2. If you prefer to add your name to the deed, then there are necessary elements for the conveyance of a deed to be valid:

1. A sufficient... View More

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1. Counterclaim or demurrer

You don't have to file a separate lawsuit for"Beach of contact." You can file a counterclaim for "Beach of contact settlement agreement" if you have settled all claims.

You can at the same... View More

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1. Only some authorized members of the association are allowed to demand to inspect or receive a copy of the membership list, books, records, or minutes.

When the authorized member makes a demand to inspect or receive a copy of the community... View More

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Changing the battery of a fire alarm does not seem to be an emergency, that poses immediate harm to people or property.

For repair, landlords are allowed to enter into the property by providing written notice in advance. If such a notice was not... View More

The rule change may be reversed by the affirmative vote of a majority of a quorum (more than 50%) of the members unless the declaration of bylaws calls for approval by a greater percentage.

A member's request to copy or inspect the membership list solely to call a special vote to... View More

It happens that in the court procedures, there are mistakes, errors, or misconduct by opposing party or court staff.

There can be different approaches to deal with these types of situations:

1. You can file a motion in the current court proceedings to set aside any transference or... View More

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There are different laws applicable for "surface water" vs. "watercourse."

I assume that there is no watercourse here because you did not mention existing of a fixed channel. All the discussion here is for surface water.

The... View More

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For evicting a tenant, you need to go through the formal legal process of eviction. Self-help of the landlord is prohibited. You cannot throw away the tenant's property as soon as you win the property.

Also, there is a right of redemption... View More

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The underlying cause of action action against you is "Undue Influence." Quiet title, cancellation of deed, and rescission of will are remedies sight of the liability in the underlying cause of action is proven.

Sometimes attorneys argue that... View More

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In pleadings (initial responsive documents) or discovery, you can ask for the identity of the past.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you... View More

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Each case needs to be evaluated with its own specificity to see if the agent/broker can collect commission after procuring a buyer under listing agreement.

In general it is possible for a broker/agent to recover their compensation fees if... View More

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The joint tenants (JT) are legally allowed to sell their property.

There may be some ways to keep the property among the current JT.

1. Life estate:

Is a form of present interest in property that gives the right of use and... View More

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Title insurance guarantee the title against the future claims (after the title is obtained). So, existing liens or claims are not guaranteed by title insurance. But, it happens that an existing lien or judgement can create future claims over title. In that... View More

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Usually it is the tenants' obligation to inspect the property to see if the property is a for to his purpose of leasing. This duty usually is bolstered if it is written in the lease.

If at the time of the leasing, tenant had communicated to... View More

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Quiet title action

It is a remedy in the court of equity and it is about fairness. Intention of the parties at the time of obtaining the property is important.

Intention of the parties can be establish by parties testimony, and from facts... View More