The difference between Family Court and Civil Court, has little to do with biology. Family Court deals with family issues such as divorce, custody and support issues. Civil Court deals with most other issues, other than criminal and probate. For example, if your brother, mother, or even your...View More
Civil Unlimited case filed and defendant located & served 57 days after case filing. Proof of service by sheriff arrived by mail to plaintiff after 60 day notice of service deadline to file with court. How to manage this? What to do if you are late by some days for filing the notice of service... View More
In California State Courts, it is not a serious problem at all. In Federal Court it is a little more problematical, but it is certainly not fatal. Assuming you are in State Court, just go ahead and file your POS, and proceed with your case. At first the State Court will ignore your tardiness....View More
In a word, "Yes," but it is not automatic. You must timely file a Motion to Quash Service, or a Motion to Set Aside the Judgment, in order to convince the Court that you were not properly served, and did not know you were sued.
The flippant, snarky, and downright rude (apologies) answer is, "Yes, it is called a 'Request for dismissal of your case,' or if you are the Defendant, it is called 'Withdrawal of Answer to Complaint.' If you want to litigate your case, and go to trial, then you must...View More
I agree with Mr. Selik's answer, as far as it goes. However, your question is far to sparce and lacking in detail and context, to provide a meaningful answer. I am available for a free consultation, over the weekend, at 714 265-7766.
I assume you are the Plaintiff, representing yourself. The title of your filing will be "Memorandum of Points and Authorities in Opposition to Demurrer." It is not required, but the Demurring Party may file a "Reply to Opposition," five Court days before the hearing. Good luck.
My stepmother, the trustee of the property that my sister and I along with my stepmother are too inherit, asked us to pay in equal parts for a lawyer to start the probate process for all of us. The trustee found a lawyer, the lawyer took our money, sent all of us the action she was taking. After a... View More
The basic Statute of Limitations for bringing suit against an attorney, is one year from the point you knew, or should have known, that the malpractice occurred. But, you have stated facts that make the issue more complicated and could extend the statute, and/or raise other actionable causes of...View More
Employees have nothing to do with the California Minimum Tax. If you are an entity, LLC, Corp., LP, etc., that has applied for, and obtained qualification to do business in California, you are required to pay the Minimum tax of $800 per year, whether you have any employees or not, in California or...View More
Defendant did not respond to my Complaint within 21 days. As my Default Application was still pending, the court accepted Defendant’s Answer 60 days after the time to respond. Defendant did request an extension, however, it was filed after the 21-day time to respond. Is this appropriate procedure?
I just bought out 4 business partners and have 3 left, 2 are a husband and wife. In our Operating agreement for the LLC, it states the voting rights go according to capital interest. I have 60%. They are afraid I wont allow them any voting rights at all so they want me to sign a document outside... View More
If you do what they are proposing, that will be giving them absolute control over YOUR business. It will be like two wolves and a lamb voting on "What's for lunch?" You own 60% of the company; you have the most to gain and to lose. If they want an equal voice, they should purchase...View More
Unless there is a privilege involved, they can ask you any question seeking information relevant to the lawsuit, or that could lead to relevant information. Moreover, they could issue non-party subpoenas to obtain testimony and documents from the business, so long as they are seeking relevant...View More
My present husband was erroneously added to an Abstract of Judgment against me from my ex husband. Now his sole and separate property which he purchased with inherited funds has a cloud on it's title. The attorney for my ex husband has continuously filed and recorded documents with no legal basis.
There are too many variables and unknowns to give you a conclusive and complete answer, but we can move towards one. An abstract of Judgment is supposed to accurately reflect the terms of the Original Judgment. Accordingly, your first task is to compare the Abstract to the Judgment. If your...View More
If for some reason the Complaint must be verified, or you choose to make it verified, the verification MUST be attached, for it to be verified. In most cases, the Complaint is not verified and the point does not come up.
The problem of a "In Pro Se" party, comes into play, when...View More
The counsel is saying the prenuptial has "holes in it." Ex wants 110K because the prenup won't stand in court due to her errors/fraudulent work. He wants alimony. The clearly addressed all this with the prenup lawyer.
You are premature in looking at a legal malpractice lawsuit. As with almost all civil litigation, you must prove damages in order to prevail. At this point, from the facts stated, you have no damages. All you have is a demand from your former spouse's attorney that your prenup will not...View More
I began to occupy a mobilehome, that I later purchased, for approximately 5 months prior to denial of my application to rent the space. I notified management of my occupancy, in person, in February and received no objection until August, 2 months AFTER denial of my application in June, and in... View More
There are property rights that can be gained through the concept of "Adverse Possession," but these rights take years, not months. I don't see how the management company can force you to move out of a motorhome that you own, but without a lease, it can certainly force you to move the motorhome.
You don't say where your corporation is incorporated, but as far as I know, upon organization, the shareholders can draft their by-laws and share holder's agreement anyway they want. If you agree that this 50% shareholder has the deciding vote, then you are stuck with it. Typically the...View More
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