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?
answered on Jul 2, 2023
The statute of limitations is the same one that applied to the original filing. It is not extended or changed by the dismissal.
she passed away 2 yrs ago in her house is just sitting there
answered on Jun 29, 2023
Whether the house, or part of it, will go to you will depend on how many heirs there are, how title to the house is held, and whether there is a will or trust. You need to be talking to a probate attorney to find out what needs to be done.
answered on Jun 29, 2023
Yes. A probate proceeding is the way to go, in all likelihood. Attorneys are paid a percentage of the estate at the end. you may need to pay for the initial court fees and publication costs. Speak with a probate attorney.
I live in a six-unit apartment building, and the property manager believes it needs no residential manager and no sign. My question is, which housing authority or code enforcement agency actually enforces compliance with Cal. Code Regs. Tit. 25, § 42
Note: Authority cited: Sections... View More 
answered on May 15, 2023
A resident property manager is required for 16 units, not 6.
I have video proof, and yet they there not liable for damages
answered on May 13, 2023
Next is you sue the driver and owner of the vehicle (and possibly others like employer of driver). If the damages are $10,000 or less, small claims court is available. http://limitedscopecounsel.com/small-claims/ and check your county court's website.
duty to all three . like the captain of the ship he doesn't own it but it's his job to make sure it's running in perfect conditions for the owners to enjoy the staff good working conditions and the tenate' has good living conditions .
answered on Apr 14, 2023
That is not correct. You are describing a classic conflict of interest. An attorney's duty is to advise and protect the client. Only one of those three is the client.
He has 4 surviving siblings, but he had expressed his wish for his youngest brother to keep the house so that his niece and nephew can grow up there. The siblings won't pursue any claim to the house, but there is a mortgage balance which the brother is willing to continue paying on.... View More
answered on Mar 21, 2023
Sorry for your loss. Assuming the house was titled in his name only, it should go through probate. The siblings can formally "disclaim" their shares. The brother can continue to live there and pay the existing mortgage.
answered on Mar 1, 2023
It means the defendant is asking the court to throw out the lawsuit, based on some problem or defect which can not be corrected. If the motion is successful the defendant wins the case.
THE INSURANCE COMPANY DENIED THEIR CLAIM DUE TO THEIR INABILITY TO MEET THEIR DOCUMENTATION AND TIME RESTRICTIONS.
THEIR CLAIMS WERE LIES CLAIMING THEY SPENT 12,000.00 + TO REPAIR THE CAR WHEN IN FACT THEY SOLD THE CAR AT AUCTION 2 MONTHS LATER FOR $18,000.00+ AS IS WITH NO REPAIRS DONE.
answered on Feb 18, 2023
Yes, they can sue you. If they do, turn it over to your insurance company right away. They will provide a defense (including appointing an attorney) for you.
I have a will and death certificate. how do I put my name on the deed? There is a loan, the bank said to put my name on the deed before I can take over the loan thank you
answered on Jul 17, 2022
In order for you to get title in your name, the property will have to be probated. There are some exceptions to probate, but nothing in your question mentions any facts which suggest they apply in this situation. You need to contact a probate attorney now, as the process is not quick and you also... View More
I have sent several letters and called many times and the other party, which is a tow truck company, still has not paid. They were served properly by a sheriff's deputy but they failed to appear on our court date, so the judge awarded me the judgment which seems impossible to collect. How do I... View More
answered on Jun 22, 2022
The good news is that your judgement keeps earning interest while it remains uncollected. The bad news is that collection is up to you, and is not a subject which can be easily answered in a simple question and answer forum. There are attorneys who specialize in collections, and typically charge... View More
He was also a lawyer so I’m not to worried about the validity of his will. My mother is making it seem that because she is next of kin that everything goes through her. But he wanted her to have nothing. It says it in the will. An executor was named. He left everything to me and my brother. My... View More
answered on Jun 15, 2022
Sorry for your loss. Your question is posted in the California law section, and this answer only applies in California. Whoever has the will must "lodge" it with the Superior Court in the county where your brother was a resident at the time of his death. Consult with a probate... View More
An IFP, mentally incompetent plaintiff ADA case was filed in federal court. The 9th Circuit reversed and remanded for me to be appointed Guardian ad litem and the case is moving forward. The State Bar's policy prevents due process and equal protection for those requiring ADA assistance to... View More
answered on Apr 17, 2022
A Guardian ad Litem can not act "in pro Per", but must be represented by counsel. This policy is not something invented by the State Bar. See, for example, the admonition contained in form MC-050, regarding substitutions of attorney. ("NOTICE TO PARTIES APPLYING TO REPRESENT... View More
On may of 2019, i was struck by a dodge challenger who failed to stop at a stop sign in a 2way intersection. Driver fled on foot and my insurance had to foot the bill for my vehicle. I was traveling northbound in my infiniti when i was hit on my front right passenger door which made my vehicle... View More
answered on Mar 22, 2022
You need to turn the papers over to your insurance company immediately. You, as an individual, are the correct party to be sued, but your insurance is there to protect you. Because you have been served court papers, you must act right away.
Her oldest daughter has Power of Attorney,
placed her in a facility without asking or talking to her about other living options she has available to her. She doesn't want to live nor need to live in a facility. She also has a Living Trust. She has options to live with relatives or... View More
answered on Mar 21, 2022
So long as she has the "capacity" to make her own decisions, she can make her own choices, including revoking a power of attorney. If a contract was signed with a valid power of attorney in place, that will have to be looked at. You should have your mom see an estate planning attorney,... View More
My brother, never married, died intestate with no debt, a savings/checking account, a 10 acre parcel owned solely, and one half title on a house held as community property with our mother.
My mom, being first in succession, received the cash assets, his union pension and SS benefits after... View More
answered on Mar 20, 2022
Probate will almost certainly be required, unless the house title with your mother allows. It is possible the house jointly owned with your mother can pass without probate, if it is held in joint tenancy. (Your post says "community property", but that would not be correct for a couple... View More
Signed a Contract for a Vehicle Purchase - but was double charged for it , and requested refund of additional payment which was reimbursed after a long time.
In the meantime the Vehicle had some issues - which the company settled by making me sign a Mutual Release agreement - that absolves... View More
answered on Feb 17, 2022
Like many contracts and releases, it really comes down to the specific wording of the document. They can always threaten to sue, or even file a lawsuit, but to understand whether their action is realistic you need an attorney to review the documents.
My name is on the deed as a joint tenant, the house is paid for and my significant other says I'm not entitled to any of the house because he paid for it. We had a co-mingled account for 1/2 of the time we have been together. I have contributed to the household with my income. He has been... View More
answered on Feb 15, 2022
An attorney will need to fully review the facts to give you a specific opinion in your case. Generally, a joint tenant is entitled to one half the property. If court action is required, an action for "partition" will force the division (usually by sale) of the property, with the court... View More
I wish to hire an attorney to help with preparing an "opposition to motion to deem matters admitted". Is it possible to hire for only that, or will attorneys require they represent me throughout the entire case?
answered on Jan 11, 2022
You can hire an attorney to provide "limited scope" services. If you want them to actually appear in court, just for a single motion or hearing, that can be done. You can also have them just write the papers and coach you on how to represent yourself. See, for example: LimitedScopeCounsel.com
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