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Questions Answered by Jeffrey Moore
1 Answer | Asked in Family Law for California on
Q: What is an ex-parte in a family law case?
Jeffrey Moore
Jeffrey Moore answered on Jan 21, 2012

An ex parte application means submitting pleadings to the court on short notice, often without an opportunity for a hearing. The law usually requires the moving party to provide 24 hour notice to the other side, who then must respond in writing to the court the next day. The most common use of an... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: If my mother already claims bankrupcy chapter 7 last year is she still able to claim bankrupcy on her house that.

Was sold at auction ? Then we were told to file an adversary complaint.

Jeffrey Moore
Jeffrey Moore answered on Jan 19, 2012

Your mother can file a Chapter 13 bankruptcy, but she won't receive a discharge if she received one last year. A discharge can only be granted every 8 years. If the house was already sold at a Trustee's Sale the debt was probably erased -- unless she had an equity line of credit.

She...
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1 Answer | Asked in Bankruptcy for California on
Q: What is a spousal waiver of right to claim exemptions pursuant to ccp 703.140(a)?
Jeffrey Moore
Jeffrey Moore answered on Jan 19, 2012

This is a form some Districts use when on spouse is filing bankruptcy individually (without the other spouse) and wants to use the exemption system under CCP 703.140(a) instead of CCP 703.140(a).

I suggest you look at the following link that explains the election of exemption system in...
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1 Answer | Asked in Bankruptcy for California on
Q: I live in Eastern Division in CA. Need to file motion for relief from stay. Where can I obtain forms for filing pro per

Am a creditor in a bankruptcy. I want to file a motion to allow the foreclosure to be valid. Where do I find these forms to file in pro per?

Jeffrey Moore
Jeffrey Moore answered on Jan 19, 2012

You are correct that the procedure you need to follow is a Motion for Relief from Automatic Stay. This is done by custom drafted pleadings on pleading paper.

Most Districts require a local form Relief from Stay Coversheet form, but this is not enough for the Motion; there is no form...
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1 Answer | Asked in Bankruptcy for California on
Q: I declared Bankrupcy chapter 7 and it was discharged on 10/09. Do I need to continue to pay property taxes?
Jeffrey Moore
Jeffrey Moore answered on Jan 19, 2012

If you own real property you need to pay property taxes going forward. If there was a tax lien on the property prior to your filing for bankruptcy, then the debt was not discharged because it was secured.

1 Answer | Asked in Personal Injury for California on
Q: Can you commence a case from one state in which you when injured to a state in which you reside in?
Jeffrey Moore
Jeffrey Moore answered on Jan 18, 2012

In state court the case must be commenced in the state where the injury occurred. Depending upon the facts and circumstances, you may be able to sue in Federal court in the state where you reside. Your attorney will decide which court is best suited to litigate your case.

1 Answer | Asked in Divorce for California on
Q: Husband promises to pay for kids future college costs amongst other financial issues. Can that be written in settlement

He is also in the middle of a workers comp case and might be awarded a large sum which he is also promising.

Jeffrey Moore
Jeffrey Moore answered on Jan 18, 2012

Yes, this can be written into a settlement agreement. If it is not written into a settlement agreement, the court will not order a father to pay for his children's college expenses or order him to pay a share of any personal injury sum to you.

1 Answer | Asked in Real Estate Law for California on
Q: Title search on property shows bkpt. Greenpoint - and a trustee "Marin Reconveyance": is title clear?
Jeffrey Moore
Jeffrey Moore answered on Jan 18, 2012

If I understand the facts, there is an indication that seller has filed bankruptcy. If so, the property may need to be purchased through the Bankruptcy Trustee, or at least seller would need the Trustee's or US Bankruptcy Court's permission to sell. You need a local real estate attorney to at... Read more »

1 Answer | Asked in Divorce for California on
Q: Is there a California form - Family Law - San Diego County for a continuance of hearing?
Jeffrey Moore
Jeffrey Moore answered on Jan 18, 2012

I could not find a local form to request a continuance. The general procedure would be to try and get an agreement for a continuance, then check with the Court Clerk for available dates, choose one, and then file a stipulation for continuance.

If you cannot reach an agreement you would need...
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1 Answer | Asked in Divorce for California on
Q: Do I need a Divorce Lawyer?

What if I change my mind after I sign divorce papers, about asking for alimony, can I do that?

Jeffrey Moore
Jeffrey Moore answered on Jan 17, 2012

Yes, you even if you did not get spousal support, you can still apply for it later by bringing an Order to Show Cause within your divorce case, unless you permanently waived support. If you did waive support you will need to bring a Motion to Vacate the judgment within six months of the date... Read more »

1 Answer | Asked in Divorce for California on
Q: My husband refuses to give full disclosure of assets. What can I do. I cannot afford a lawyer.
Jeffrey Moore
Jeffrey Moore answered on Jan 17, 2012

If your husband is failing to comply with discovery, you need to bring a Motion to Compel. The judge will then usually fine him for non-compliance, and give him a date by which he must comply, or face further sanctions.

1 Answer | Asked in Divorce for California on
Q: Can you get a divorce without the others partys signature if both parties have been living seperately for 3 years?
Jeffrey Moore
Jeffrey Moore answered on Jan 17, 2012

A divorce never requires the other spouse's signature no matter how long the parties have been separated. Dissolution cases are often settled by mutually signed written agreement, but many are decided by the court at trial, or proceed by default.

2 Answers | Asked in Divorce for California on
Q: Could i re-opened my 1997 divorce to ask for alimony?
Jeffrey Moore
Jeffrey Moore answered on Jan 17, 2012

Unless you waived spousal support in a marital settlement agreement or stipulated judgment, or the court otherwise terminated jurisdiction for spousal support, you can request spousal support from the court. You will need to file and serve a Motion, or an Order to Show Cause to do so.

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1 Answer | Asked in Divorce for California on
Q: Will a publication of summons still be required if the declaration & order for service by mail and posting is accepted
Jeffrey Moore
Jeffrey Moore answered on Jan 17, 2012

The respondent is served if he signs and returns a Notice & Acknowledgment of Service. I think this is your question. Service by mailing and posting is not available in marital dissolution cases.

1 Answer | Asked in Divorce for California on
Q: Are you allowed to mail in papers to file for divorce if it includes a fee waiver with it?
Jeffrey Moore
Jeffrey Moore answered on Jan 17, 2012

You can file pleadings by mail if you include a self-addressed, stamped return envelope and an additional copy of the pleadings you are filing so that the Court Clerk can return a 'Filed' endorsed copy to you.

1 Answer | Asked in Divorce for California on
Q: If my wife just served me with divorce papers should i have any contact with her or should i contact a lawyer
Jeffrey Moore
Jeffrey Moore answered on Jan 17, 2012

If you were served with a divorce petition you can continue to have contact with your wife if you wish unless you were also served with a restraining order. You will need to retain counsel to respond to the divorce petition, that attorney can analyze your entire situation and better advise about... Read more »

1 Answer | Asked in Divorce for California on
Q: Whether US Ciizens married in California but residing overseas can divorce overseas? Is such divorce valid in US?
Jeffrey Moore
Jeffrey Moore answered on Jan 17, 2012

(1)Most countries will allow a couple to divorce if they are residents of that country, but you would need to check with an attorney licensed to practice in the country where you reside to be certain.

(2) The US recognizes most foreign divorces, but again this would depend upon the country...
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1 Answer | Asked in Bankruptcy for California on
Q: Filed bankruptcy chp 7 in 2005. home was exempt and listed on schedule c. somehow got discharged not reaffirmed. Have

Been making payments, they are not reported to credit bureau. stopped making payments and was sent a foreclosure notice and threatened with attorneys fees any

recourse?

Jeffrey Moore
Jeffrey Moore answered on Jan 17, 2012

Your home loan account was not discharged, a secured debt such as a home mortgage cannot be discharged in a Chapter 7. You need to pay for your home, or the lender will foreclose despite the bankruptcy.

1 Answer | Asked in Real Estate Law for California on
Q: I want to do quit claim deed, but my husband does not want to sign the PCOR, he wants me sign the Dec.of Doc.Transf Tax

We are in the divorce process. I am doing this , so he can short sale the house.

Is there any downside if I sign the Declaration of Documentary Transfer Tax?

I dont know why he does not want to sign

the Preliminary Change of Ownership Record?

Thank you !

Jeffrey Moore
Jeffrey Moore answered on Jan 17, 2012

In California the PCOR will be completed by the Assessor's Office and the transferor charged an additional fee for preparation of the form. The PCOR is not recorded, and not available for public view. It does become a part of the records of the Assessor's Office. I don't know enough facts to... Read more »

2 Answers | Asked in Real Estate Law for California on
Q: What type of attorney do I need if I have a dispute with a neighbor over her tree roots ruining my yard.

The roots have ruined my front yard and I am concerned they will cause damage to my homes foundation

Jeffrey Moore
Jeffrey Moore answered on Jan 17, 2012

As the posting category of this question suggests, you should seek the services of a Real Estate attorney. It sounds as if the adjoining property is responsible for the cost of removing the tree roots and any other damage caused by the tree encroaching on your property.

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