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Questions Answered by Jeffrey Moore

2 Answers | Asked in Real Estate Law for California on

Q: I bought my house five years before i got married. my wife sign a quit claim. is that enough for me to keep property?

I have been married seven years and two years ago she sign a quit claim on the property.

Jeffrey Moore answered on Mar 17, 2012

That's a good start, but you should have an attorney draft a written agreement for you and your wife to sign. This way you will make it clear that both of you intend that the home remains entirely your separate property. Characterization of property becomes complicated without an agreement as... Read more »

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2 Answers | Asked in Car Accidents for California on

Q: Does accepting ins. settlement in car accident prevent suing in civil court?>

Jeffrey Moore answered on Feb 22, 2012

Yes. As a condition of issuing the settlement draft, the insurance carrier will require that you sign a release of the insured. The release prevents you from having a meritorious case because the defendant would successfully raise the defense of 'accord and satisfaction'. An exception would be... Read more »

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2 Answers | Asked in Personal Injury for California on

Q: Can a defendant in a limited civil suit (for$) DEMAND evidence of personal service other than proces server's affidavit

Jeffrey Moore answered on Feb 12, 2012

You can file a Motion to Quash Service of Process, and the court will hear evidence regarding whether or not you were properly served. This procedure is not used very often because it basically just delays the inevitable. For example, even if the plaintiff loses on the motion, he can just have... Read more »

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1 Answer | Asked in Divorce for California on

Q: What is a "case management" conference for in a divorce? And, do I have to attend?

Jeffrey Moore answered on Feb 10, 2012

A case management conference ('CMC') is a hearing where the court checks on the status of the case. The court will make procedural decisions such as setting the case for mediation, trial, or other hearing, or continuing the case on the CMC calendar.

Yes, you should attend the CMC and be...
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1 Answer | Asked in Divorce for California on

Q: If a man is almost done with a divorce what should he do if the ex wife to be tells him she is now pregnant not his

Jeffrey Moore answered on Feb 10, 2012

You have been separated for some time, and Mother says the child is not yours, so you should be safe on the issue of child support/paternity for the unborn child. You have no duty to support this child unless you are the actual father. If your ex does file an action for support later, be sure to... Read more »

1 Answer | Asked in Bankruptcy for California on

Q: Upstate management agency called me and some how convinced me that I had to pay or else I would be served the next day

I gave them my debt card info and they withdrew 304 now I can't get into contact with them to let them know that I found out that this is a scam.. is there anything I can do to get my money back?

Jeffrey Moore answered on Feb 4, 2012

Contact the bank that issued the ATM card. At the very least you need to get a new card issued so that Upstate does not continue to withdraw funds from your account. I am not sure what you mean by 'a scam', but if appropriate you should also report the matter to law enforcement.

1 Answer | Asked in Family Law for California on

Q: How doesone file for protective order?

Jeffrey Moore answered on Feb 2, 2012

The first step is to file a written ex parte application for an order. This is done with fill-in-the-blank Judicial Council Forms supported by a declaration of what happened to justify the order. The court will make a determination about whether to issue a temporary order for several weeks until... Read more »

1 Answer | Asked in Family Law for California on

Q: What are a father's rights in California concerning visitation rights? What if mother wants to move away?

Jeffrey Moore answered on Feb 1, 2012

Cases involving move-aways are some of the more complicated in family division. In most circumstances Father has a right to a trial of the issue.

The court's ultimate concern is what is best for the child. This is balanced by the statutory requirement that non-custodial parents have...
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1 Answer | Asked in Family Law for California on

Q: How do I file an Order to Show Cause for Reimbursement of child expenses with the court?

I have filled out an Order to Show Cause (FL-300) for Expense Reimbursement of children's medical expense, along with a Notice of Motion (FL-301)to go with it. Both forms have a declaration attached that details the reasons for the Order and the required supporting documents. I included copies of... Read more »

Jeffrey Moore answered on Jan 30, 2012

Child care and medical expenses are an aspect of child support, often referred to as a ,child support add-on'. You have filed the correct forms. You should of course be prepared to submit receipts for the medical and childcare expenses. Also prepare to defend the necessity of the expenses:... Read more »

1 Answer | Asked in Family Law for California on

Q: My mother in law is demanding to see my daughter everyweekend but makes no effort to come see her. Does she have rights?

Jeffrey Moore answered on Jan 29, 2012

If you are still married the answer is no. If you go through a divorce or legal separation, grandparents can request visitation from the court. If she rarely visits now, the court will be less likely to grant her visitation if you separate or terminate your marriage.

1 Answer | Asked in Family Law for California on

Q: In san diego a false domestic violence case was filed,the TRO was denied,a hearing was offered and denied by petitioner.

Upon the filing of this case and though it was dismissed, this case was assighned for all intended purposses to the family court judge persiding over the petitioners custody case.The petitioner has used this against me in his meadeation,he has also told CPS about this case.The judge has also read... Read more »

Jeffrey Moore answered on Jan 29, 2012

You could have challenged the assignment of the judge to the custody case as prejudiced by the hearing of the earlier DV case, but you waived this right by not raising the issue at the first custody hearing.

At this point you should bring an Order to Show Cause for modification of...
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1 Answer | Asked in Car Accidents for California on

Q: My car was stolen and in a wreck. Am I responsible for the other vehicle

Jeffrey Moore answered on Jan 27, 2012

If you reported your car as stolen to law enforcement, you should not be liable to another driver with whom the auto thief collided. Also I suggest that you report the matter to your insurance company immediately.

1 Answer | Asked in Divorce for California on

Q: How do i begin a divorce to wife in missouri and im in california?

Jeffrey Moore answered on Jan 26, 2012

You can file for divorce in California if you have met the residency requirements here. You need to have resided at least six months in this state, and at least three months in the County where you file.

You can have her served in Missouri by mail.

1 Answer | Asked in Bankruptcy for California on

Q: Where am I supposed to File the procedural form B240B for my Reaffirmation agreement?

Jeffrey Moore answered on Jan 25, 2012

All US Bankruptcy Court forms are to be filed with the Clerk in the court that has jurisdiction of the underlying petition.

1 Answer | Asked in Divorce for California on

Q: Im going thru a divorce.she has a laweyer.if my ex and i agree on everything do i need a lawyer.can we use mediator

I dont want to get a lawyer.i'm agreeing to half of everything.house,money.50/50 child custory.i just want to get over with.she also agrees.

Jeffrey Moore answered on Jan 23, 2012

Many family lawyers are now willing to do just a small part of a case in this economy. I would suggest you let her attorney write up an agreement, and then hire a lawyer just to review it with you to make sure that it is in fact a written version of the agreement you made with your ex-wife.

1 Answer | Asked in Bankruptcy for California on

Q: I am a defendant in a state court complaint filed against me as Pastor where were are a congregational church

Four members filed this in the name of the church as to trying to oust me as Pastor. I am in a confirmed 13 and they are creditors, they filed a motion for no stay, it was granted by default. I filed contempt against for the court order, they filed no opposition, judge did not grant the sanctions... Read more »

Jeffrey Moore answered on Jan 23, 2012

If a creditor files a Motion for Relief from Automatic Stay and it's granted, the creditor can proceed in state court. It does not matter whether the Motion for Relief from Stay was granted by default or after hearing. Most courts would not grant the Motion even by default if it had no merit on... Read more »

1 Answer | Asked in Bankruptcy for California on

Q: Will Ch 13 Bankruptcy force the bank to do loan mod with homeowner?

If the homeowner was denied loan modification before, will filing ch 13 bankruptcy help the homeowner to have a better chance of getting loan modification?

Jeffrey Moore answered on Jan 23, 2012

No, it won't force a permanent loan modification, but it can be helpful in dealing with your home mortgage in other ways.

A Chapter 13 plan is especially useful if you have fallen behind on your mortgage and you want a payment plan to catch up. It may also give added leverage in...
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1 Answer | Asked in Divorce for California on

Q: How long do you have to be seperated before you can file for a divorce?

Jeffrey Moore answered on Jan 22, 2012

There is no waiting period required after separation to file for divorce. Many people choose to wait a little while to make sure of their decision. If you need support to survive, you will probably want to file as soon as possible after you leave.

1 Answer | Asked in Divorce for California on

Q: Do i disclose my current name and others names in my divorce documents?

My name is different from the name i married with. i legally changed my name years after i had married.

If I do have to disclose all names do i also need to present my name change document.

Jeffrey Moore answered on Jan 22, 2012

You must use your new, legally changed name. I would recommend that you add to the caption after your new name, the letters fka followed by your old name. This is the legal convention to show you were formerly known by another name ("fka"is an acronym for "formerly known as").

1 Answer | Asked in Family Law for California on

Q: What is a dependent adult

Jeffrey Moore answered on Jan 21, 2012

The law provides that parents have an obligation to support their children until the age of eighteen, or nineteen if still in high school.

If a child is unable to care for himself due to emotional, mental, or physical disabilities the parental obligation can be extended for this dependent...
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