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Questions Answered by Kenneth Sisco
2 Answers | Asked in Legal Malpractice and Landlord - Tenant for California on
Q: WHAT CAN WE DO IF OUR LAWYER LEFT US HOMELESS, JOBLESS, IN DEBT, AN EVICTION ON OUR RECORD, AN EMOTIONAL & MENTAL TRAUMA

THIS ALL HAPPENED OVER 6 MONTHS. WE HIRED A LAWYER TO PREVENT OUR EVICTION DUE TO LATE RENT PAYMENT. THE AGREEMENT WAS: HE WOULD WORK WITH THE PROPERTY MANAGEMENT CO. (PMC) FOR US TO STAY IN THE HOME, REMOVE MOM'S NAME FROM THE RENTAL LEASE & CAN'T MISS WORK. AFTER SIGNING THE... View More

Kenneth Sisco
Kenneth Sisco
answered on Dec 5, 2023

Your "Related Details" raise a myriad questions, the first of which, is when did all this happen? Assuming the Statute of Limitations has not run, and your facts are reasonably accurate, and the Attorney could have actually prevented the eviction, but for his negligence; you certainly... View More

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5 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney/Client have a valid Arbitration Clause between them in California, can the case be heard at a private forum?

In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:

What type of Arbitration is it, i.e., consumer, employment, etc.? and

Can the case be heard at a private forum not normally designated for... View More

Kenneth Sisco
Kenneth Sisco
answered on Oct 18, 2023

Typically, the Arbitration clause itself describes the terms of the Arbitration, however, whether it does or not, the parties can agree on any terms they want, including waiving the Arbitration Clause altogether.

Personally, especially, in Legal Malpractice cases, I despise Arbitrations....
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2 Answers | Asked in Civil Litigation and Family Law for California on
Q: In the state of California, can you take a family member to civil court, instead of family court?
Kenneth Sisco
Kenneth Sisco
answered on Jul 8, 2023

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

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1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Business Law for California on
Q: Can I ask for a jury trial on a retrial?

The initial trial was hell during a time, when the case was under forfeiture in suspension by the state of California. The trial process lacked due process.

Motion was made for a new trial, and granted with Procedures for a new trial

Kenneth Sisco
Kenneth Sisco
answered on Jul 7, 2023

Information is very limited, but if you were entitled to a jury trial on the first go around, I can think of no reason why you wouldn't be entitled to a jury trial, after being granted a new trial.

Ken Sisco

714 265-7766

2 Answers | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: Sacramento CA Courts civil case if a judge dismissed it without prejudice what's the statute of limitations to refile?

In Sacramento California Courts in a civil case if a judge dismissed the civil case without prejudice what is the statute of limitations I have to refile?

Kenneth Sisco
Kenneth Sisco
answered on Jul 2, 2023

I agree. One has nothing to do with the other.

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2 Answers | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for California on
Q: If a default judgment was made using a falsified proof of service and without my knowledge but can prove I was not

Living in the county they allegedly served me in, doesn't that make the default judgment void as matter of law?

Kenneth Sisco
Kenneth Sisco
answered on Jun 28, 2023

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.

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1 Answer | Asked in Civil Litigation for California on
Q: Filing Proof of Service past the 60 day deadline in LA County, how to proceed?

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

Kenneth Sisco
Kenneth Sisco
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.... View More

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Landlord - Tenant for California on
Q: do we have to have answer a interrogatory and admission is there a form we can file to refude to answer till court date
Kenneth Sisco
Kenneth Sisco
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... View More

2 Answers | Asked in Federal Crimes, Legal Malpractice and Probate for California on
Q: An Attorney falsified his billing to cover up trust documents in my favor. Where should I file a complaint?
Kenneth Sisco
Kenneth Sisco
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.

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1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: is a reply in opposition to a demurrer on ok caption to oppose a motion to dismiss a first or second amended complaint

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

Kenneth Sisco
Kenneth Sisco
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.

1 Answer | Asked in Legal Malpractice for California on
Q: hello, Is there a time limit to file a malpractice against a probate lawyer

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

Kenneth Sisco
Kenneth Sisco
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... View More

1 Answer | Asked in Business Law, Employment Law and Tax Law for California on
Q: CA franchise tax required just because I have an employee there?

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)... View More

Kenneth Sisco
Kenneth Sisco
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... View More

2 Answers | Asked in Copyright and Civil Litigation for California on
Q: Defendant’s Late Filing of Answer to Complaint in California

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?

Kenneth Sisco
Kenneth Sisco
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...
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1 Answer | Asked in Business Law for California on
Q: I just bought out 4 business partners and have 3 left, 2 are a husband and wife. In our Operating agreement for the LLC

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

Kenneth Sisco
Kenneth Sisco
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... View More

1 Answer | Asked in Legal Malpractice for California on
Q: What is the proper Bluebook citation to the rules of professional conduct in California
Kenneth Sisco
Kenneth Sisco
answered on Mar 8, 2021

Here is a link to the Rules of Professional Conduct, via the California State Bar.

http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct

Good Luck.

Ken Sisco

2 Answers | Asked in Civil Litigation for California on
Q: Can Plaintiff ask discovery about business, if isn't listed as defendant in the lawsuit? Only me and wife defendants

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

Kenneth Sisco
Kenneth Sisco
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... View More

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1 Answer | Asked in Real Estate Law, Collections, Legal Malpractice and Libel & Slander for California on
Q: What to do if an attorney added a person to an Abstract of Judgment illegally and recorded it?

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.

Kenneth Sisco
Kenneth Sisco
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... View More

2 Answers | Asked in Civil Litigation for California on
Q: If a person is in pro Se does a verification 446 have to be filed with the complaint or could it be filed later
Kenneth Sisco
Kenneth Sisco
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...
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2 Answers | Asked in Legal Malpractice for California on
Q: What steps to file a suit again my prenuptial lawyer for malpractice; the legal document is not holding up.

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.

Kenneth Sisco
Kenneth Sisco
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... View More

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1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Landlord - Tenant for California on
Q: Does occupying a mobilehome in a park for a substantial amount of time with no objection from management create tenancy?

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

Kenneth Sisco
Kenneth Sisco
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.

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