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answered on Oct 17, 2020
Yes, the trial is stopped if you file a legitimate BK under any of the Chapters, 7, 11, 13 or 5. however, if you wish to do it just for the purpose of frustrating the creditor be very careful. The case wil restart after your case is dismissed. Consult with a BK attorney right away.
I have temp 100% custody and he has zero visitation- trial is coming. Our couples therapist will testify that he admitting to hitting the kids with belts and that he automatically just goes to the belt and he has a hard time stopping himself, he also demonstrated verbal abuse to me and admitted to... View More 
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answered on Oct 16, 2020
Your chances of full custody are great. As to visitation, he will be allowed only supervised visitation Best of luck.
Married 8 years with 2 kids 11 and 7
Separated for the last 3 years.
We have a written mutually set amount of 1700/ month for Child support. Aug2017-oct2019 (letter, emails and bank statements as reference)
October of 2019 communication between us turned. child support... View More
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answered on Oct 15, 2020
Sometimes MSA's for child support work and sometimes it has serious consequences. In the case of retroactive child support, the courts look at date of separation and often to the date of request for orders. Your retroactivity, I have found to my chagrin begins from the date of request for... View More
I was evicted so my landlady could rent the house for more money during an eviction freeze
We were given until the 15th to leave. She has bullied and harassed me and another tenant to hurry so she can paint the rooms. I have most of my belongings out but she has entered my room and started... View More
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answered on Oct 15, 2020
The landlady cannot practice self-help evictions. You have to be served with legal papers issued by the court. It is called unlawful detainer. If she just bullied y0ou to get out without ciourt action, then she has acted illegally and you do not habve to move. Call the police if she keeps... View More
The hotel has told us we have to stay somewhere else for a few days due to there 28 day policy but can come back after a few days. We have been here for around 5 months and after about 30 days we stayed at another hotel for two days and came back, stayed for around three months and was told we had... View More
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answered on Oct 15, 2020
The issue here is that they do not want to become long term landlords because if they do then they would be subject to a whole different body of law that would regulate them. You will be better of finding an apartment somewhere else. Best of luck.
Are there building requirements to ensure a livable apartment during extreme and dangerous heat (weather)?
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answered on Oct 15, 2020
Yes there are. Visit CA Civ. Code Section 1941.1 and 1941.2 and health and safety Code sections17920.3 et seq.
These codes address the warrabnty of Habitability and health and safety issues. Best of luck.
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answered on Oct 13, 2020
Yes, if it is community property. No, if the business is her separate property, she had it before you married her and she maintained it as her separate property. If you think you are entitled to a share of the business, you should hire an attorney to review this and other marital settlement... View More
We received a letter from our landlord telling us that "neighbors" are complaining about an extraordinarily strong chemical smell that comes from our apartment and is "so strong that it seems to come through the cracks in the walls or vents." The landlord wants us to... View More
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answered on Oct 13, 2020
I have seen this tactic when the landlord wants to evict the tenant from a low rent unit and charge higher rent.
In order to avoid an eviction , hire a lawyer who will dispute this claim and let them know you are not alone. Best of luck!!!
My mom passed 5 years ago. I am the oldest, I have 3 half siblings that are US citizens, i am not. Mom left no will. The house was paid for. No taxes are owed.
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answered on Oct 13, 2020
Absolutely. How much you will get depends on whether she has other heirs. Probate Code Section 240 is your main reference for intestate succession. Best of luck.
I have been living and working in Vietnam for the last 3 years. Last year while on vacation my Vietnamese girlfriend and I got married in California. She has a Taiwanese passport so we didn't need a Visa or fiancee visa. Now she wants a divorce and neither of us have been living in California... View More
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answered on Oct 13, 2020
You can divorce in Vietnam and it will be valid in America. Best of luck.
Three Brothers grew up in this house. Our grandparents lived in this house i. returned home at 2002 after divorce. Lived here ever since. Took care of other my parents. Girlfriend moved in at 2015 and was my dads care giver. Attended both my parents doctor appointments every week . No one could... View More
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answered on Sep 28, 2020
If three brothers are on title and two want to sell they should talk and give the non-seller the opportunity to purchase the home. If that approach fails then the other siblings can initiate an action for partition. Best of luck.
He now wants bifurcation so he can marry his girlfriend but I am opposing it because I am wanting to do the traditional route, Case Management, then Settlement and if necessary Trial. We are at this stage because of his dishonesty and failure to comply. Any suggestions on how to oppose it. If he... View More
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answered on Sep 28, 2020
Just tell the Judge you just got served and that you have not had time to study he implications and that you would like temporary spousal support - best of luck.
My wife and I are recently divorced. Years prior to our divorce, we set up trusts for each our daughters. I am the trustee and my daughters are the beneficiaries of each of their trusts. The trusts own shares in a private company that may have a substantial liquidity event in the near future.... View More
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answered on Sep 27, 2020
A trust speaks only at the death of the trust or, so I do not believe that your inquiry is viable. However, if you and your wife revoke the trust, then you could achieve your purpose. Best of luck to both of you.
I was hit by a car while riding my bicycle and the defendant’s attorney has sent me motion of summary packets. I need to respond so I need help with that paperwork please.
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answered on Sep 25, 2020
You are in the middle of litigation. you need to hire an attorney right now. Best of luck.
the ac is broken and he said he wont fix it. they are being complete jerks to me and my family. this covid crap has made things extremely difficult . i need help.
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answered on Sep 24, 2020
If you live in California, he has to wait until December to initiate a lawsuit for eviction. The letter for 60 days is just to scare you. It seems that you may have some problems with the living conditions. If you have proof that you told the Landlord of these problems and LL did not fix... View More
I was wondering what all i can get out of my divorce? My husband was an extremely emotionally abusive person and there has been times in which he was physically abusive. He cost me my job by calling my boss and accusing me of having an extramarital relationship with a coworker. The home and... View More
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answered on Sep 23, 2020
The family code in California has a section which states that all community property is divided 50-50 between the parties.
I am mobile home co-owner (Registration & Title). Is there any way including what he says is my not being on rental agreement (which I am), whereby he could accomplish this? Violence has escalated each time, until police came last weekend (9/19). My wrist is bruised and swollen due to his... View More
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answered on Sep 21, 2020
If your partner is inflicting domestic violence on you and is trying to evict you. You need to go to the Court and file a Temporary restraining Order and tell the Sheriff to serve the the TRO. Best of luck.
I thought I was the executor of her will, but I found out it was never recorded, she has no family. what should I do.
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answered on Sep 11, 2020
Start an quiet tittle case, continue living in the property, openly but discreetly, place signs like do not enter, private property, hand a sign on the porch: the residence of [ your name____] and change all the utilities to your name. Build a fence and protect against al for any unauthorized... View More
have two children and also we purchased a house only in his name due to credit scores before marriage but while cohabitation, it was purchased 8 months before marriage. Will I be granted anything from that property, he has a attorney but I don't, I have been a homemaker since my first son was... View More
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answered on Sep 10, 2020
First, support will start after you file a motion and request for orders regarding child support and spousal support.
Second Marital property Will be divided 50-50. However, depending on the attorney they may fight for credit if he use his money or inheritance to buy the property. It... View More
I left my husband after 8 years of marriage and 11 affairs. I tried everything to fix my marriage including marriage counseling but it was irreparable. We split 50/50 custody of my 3 kids, (ages 12, 11 & 5) I don't receive any monetary help from him but I am struggling to make ends meet.... View More
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answered on Sep 10, 2020
If he has a job and makes more money than you , you should ask for temporary spousal support, If he has more money in any pension plan, you are entitled to that. Best of luck.
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