William John Light's answer If the Default was entered, the Defendants couldn't file a Demurrer/Motion to Strike. I doubt that the Default was entered. You will probably need to Oppose the Demurrer/Motion to Strike.
Thomas A. Grossman's answer Most people become very attached to their pets. Since you paid the fees and "adopted" the dog, you should have some rights to at least visit the dog. It would be easier to work out a solution if both of you could come up with a plan for sharing the dog. If she absolutely refuses to let you see the dog, you could take the matter to small claims court. If you do, be sure to bring all the papers with you. Good Luck.
Ali Shahrestani, Esq.'s answer A change of venue is requested via a Motion, and you would have to show good cause for that request. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...
Genene N. Dunn's answer You need a probate or trust administration attorney. If there was no will, then the law says who will get the house and it will have to go through the probate court process to be transferred. It depends on how he held title to the property as well and if someone else was on title with him.
Thomas A. Grossman's answer I would first threaten to file a lawsuit. If that doesn't work, you can sue them for the money. If the sum is $10,000 or less you can sue them in small claims court. If the sum owed is less that 25,000 you can sue them in Superior Court as a Limited Action. If more than $25,000, you must sue in Superior Court as a regular lawsuit. You can get a lot of information by going to the Court website near where you live and checking it out. Good Luck.
N. Munro Merrick's answer You need to explain what you mean by "forcing". If you signed a contract with that provision as a condition of being hired, you are probably bound to abide by your contract. Before fighting the provision, I suggest you think about it. Might be a good idea to consult an attorney on the pros and cons. Arbitration is usually quicker and cheaper that a court case.
N. Munro Merrick's answer If this is a private mediation, outside the court system, the mediator should declare the mediation unsuccessful and give you a report to that effect. If there is a contract, it should specify the next step, usually arbitration. If no contract, you could file a suit in court.
N. Munro Merrick's answer Your premises are not habitable! However, did you inspect before you paid? If not, you can certainly notify the landlord to fix it or you are gone. What can you ask for? Habitable premises. You cannot ask for free rent if that is what you are thinking. If you stay you are accepting the condition as is. Perhaps you could bargain for a lower rent -- or you might offer to fix the windows -- or both!
N. Munro Merrick's answer You mention, "Settlement money." So you reached a settlement in mediation? If you did, there would be no arbitration. A general rule about such things is, within a reasonable time. And barring any other factors, 30 days is par for "reasonable." If you do not, ask the mediator.
this is not my area of law........however if you have not had satisfaction from anyone else and the facts warrant a lawsuit, you can always go into small claims court and sue for up to $10k......and no attorneys for either side. Maybe demand $10k and when they do not pay sue in small claims.
of course, you have the burden of proof of proving damages.
i would send a letter memorializing the facts first
N. Munro Merrick's answer There are many unanswered questions: Do the CC&Rs say anything about mailboxes? Is it in common area, or is it on your property? What are the homeowner's responsibilities regarding common area, or, specifically, where the mailbox is located? How much are you being billed? Is it a lump sum or just added to your dues bill? Who paid for the mailbox that is there now? Has the Board provided reasons for the substitution?
You can protest the billing in a letter and also at a board...
Thomas A. Grossman's answer Probably not. If there is a mediation scheduled, both sides must agree to the Mediator, because the Mediator is supposed to be neutral. And, it doesn't matter who wrote the contract, as that will be an issue for the Mediator to interpret. However, you may have to deal with certain legal principles as the writer of the contract. For example, if any provisions in the contract are ambiguous or improper, they will usually be construed against you. That is because it is presumed that the...
Steve A. Buchwalter's answer If certain narrow conditions are met, an arbitration award can be vacated or corrected by a court. If a court refuses to vacate or correct the award, the court's decision can be appealed. Act fast, you generally have around 3 months to file and serve the correct papers.
I would contact a lawyer right away about this matter. But here is some information to get you started. I am also assuming that Mom above is your birth mother.
You have a much-juristictional problem here. The proper jurisdiction for Probate law, which governs testate (wills), instate (no will or trust) and trust administration of a deceased person's property depends on a couple of facts.
1. Normally the state of the Decedent's residence is the proper...
N. Munro Merrick's answer Some agreements require mediation first. In mediation each part pays his own expenses. In Arbitration, unless the contract specifies otherwise, the same applies. Costs? Better consult a Concord arbitrator. Google the requirement for a Concord area arbitrator, and also check the local bar association, usually XXXX County Bar Association for referrals.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.