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... Read more »
answered on Sep 6, 2022
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.... Read more »
answered on Mar 10, 2022
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... Read more »
answered on Jan 15, 2022
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.
does it have to be capital letterS does he have to specify if it is in opposition to first or second emended complaint in the headline caption
answered on Oct 20, 2021
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... Read more »
answered on Jul 6, 2021
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... Read more »
We are a MA-based S corporation. If we have an employee who works remotely in CA, must we pay the franchise tax (minimum $800)?
RTC DIVISION 2 - PART 11 - CHAPTER 2 - ARTICLE 2 - Section 23153 says that this only applies to (1) corporations incorporated in CA (we're not), or (2)... Read more »
answered on Apr 30, 2021
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... Read 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?
answered on Mar 20, 2021
The Courts have a great deal of discretion in this area. Usually a Judge will want a showing of excusable neglect, but two principles are at the top of the list of priorities.
1. Everyone should have his day in court.
2. Issues should be tried on the merits, not on the basis of... Read more »
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... Read more »
answered on Mar 12, 2021
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... Read more »
answered on Mar 8, 2021
Here is a link to the Rules of Professional Conduct, via the California State Bar.
Me and my wife are the only defendants in the lawsuit. My business is not listed as defendant in the Lawsuit.
Can the Plaintiff ask question about business, ask for discovery about the business
answered on Jan 12, 2021
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... Read 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.
answered on Dec 29, 2020
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... Read more »
answered on Nov 16, 2020
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... Read 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.
answered on Oct 29, 2020
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... Read 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... Read more »
answered on Oct 17, 2020
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.
I am one of three directors. Since he had the tie-breaking vote, he picked the other two.
answered on Oct 17, 2020
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... Read more »
answered on Sep 17, 2020
Unless there are undisclosed facts and/or issues, the matter will simply proceed to trial.
Just need to find out if I have to pay them for my renewal or can I just renew online with Nevada. They are stating that I have to have a registered agent.
answered on Jul 8, 2020
All states I am aware of, require a registered agent, to receive official process, like lawsuits, but there are few formalities. A registered agent need only be an adult resident of Nevada. If you live in Nevada, you can be your own resident agent, or you can have a friend act. Moreover, you can... Read more »
This is a two part question.
I started a single member LLC in California in 2017. The LLC never conducted any business however, I have not yet dissolved it. Currently, it is suspended with the Sectary of State. Every year, I file a schedule C federal tax return and no state return (The... Read more »
answered on May 10, 2020
I am not advising you not to pay your annual minimum tax, or not to dissolve your LLC; only what will happen if you don't. If set up properly, the minimum tax is assessed against the LLC, not you. If it is not paid, the LLC will be suspended. If you do not dissolve the LLC and do not pay... Read more »
I accepted a settlement offer from the defendants. I have signed the agreement the defendants drafted. It has been 3 weeks since they made the offer and still the defendants have not signed it. I am told we cannot enforce it under 664.6 because the defendants have not signed therefore not... Read more »
answered on Apr 20, 2020
There are way too many blanks in your question to provide a meaningful answer. Has a lawsuit been filed? If not, be sure they don't stall beyond the running of the statute of limitations. If a lawsuit is pending, simply do whatever you need to do to go to trial.
We found out through squatters who got in contact with us that West H&A's owner Patrick Soria was incarcerated and had several Lawsuits against him for fraud, the squatters said he recently sold or transferred the home to Trinity Financial, is there any recourse that we may have to get our... Read more »
answered on Mar 31, 2020
Yes indeed. In California, a "forged" deed is "absolutely void;" even as to innocent parties who come after. If you are tricked into signing a deed, it is a different story, and it may not be so easy. But in my view, a lawsuit to "cancel" the forged deed would be a... Read more »
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