In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... Read 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?
Generally, a home purchased during the marriage is community property. Whose name is on title does not change that. A Quit Claim deed also doesn't necessarily change that. It depends on the expressed intent of the parties at the time of execution of that Quit Claim deed and it depends on...Read more »
My company is being named in an lawsuit. Person A who's role was a mgr (not employee) of my company transferred from Independent Contractors' personal email/computer a video with sexual content to his personal email; never associated with the business. IC found out called the police and... Read more »
Yes. A prevailing party is entitled to their "costs". Depending on the case, these can be quite significant. In some cases, such as when a contract or statute allows them, attorney fees may also be assessed. Some costs are automatic and are awarded after a "memorandum of...Read more »
The quick answer is that you sue anyone for any reason. The bigger question is will you win and what are your damages. One of the elements for malicious prosecution is that you were charged which from your question it appears you weren't charged. The police could have charged the person...Read more »
Denied because it was over 15pg limit. And the Default Judgment happened because I did not answer the complaint due to the fact I was not served documents. I found out too late when I looked up my case at the courthouse. Unlawful Detainer case.
There is likely you have no recourse for being fired for no reason. In California you are considered to be employed at will unless there is an agreement to the contrary about that status with the employer. The employer of an at will employee can terminate the employee for any reason or no reason...Read more »
I am a plaintiff in a small claims case and I won a default judgment since the defendant never showed up. The issue is I sued the wrong party. What must I do to have the case dismissed? It has been more than 30 days since I received the Notice of Entry of Judgment.
You have 2 problems, dismissing the first case and filing a second case against the real party in interest. You can file a form "Request for Dismissal" without prejudice in the first case. Get a copy on the Court's website under "Forms" - State Judicial Council forms. In...Read more »
Quite recently I became aware of my estranged husband using my POA without my knowledge. He opened CC accounts and got my daughter 30K+ in student loans. I have no proof she was aware of its origins, but I believe she knew something because she halted all communication with me at the same time this... Read more »
You don't provide complete details on the POA, and whether it was limited, durable, etc. But assuming the POA was still valid, and that it included the power to open accounts on your behalf, then him being estranged doesn't all of a sudden remove the POA.
The president and other board members of my home association conjured to propose penalties against me. They are prejudicially and selectively isolating and discriminating against me based on my race, creed, and national origin. They conspired to create and to apply fictitious rules and false... Read more »
Start by looking for good civil rights attorneys; there are many good ones between Los Angeles, Ventura and Santa Barbara counties. Do a Google search and then start calling and talking to as many as you can until you find someone who indicates s/he can...Read more »
I assume you are the Plaintiff, representing yourself. The title of your filing will be "Memorandum of Points and Authorities in Opposition to Demurrer." It is not required, but the Demurring Party may file a "Reply to Opposition," five Court days before the hearing. Good luck.
I am sorry you have had to deal with this. Unfortunately, your post does not clearly tell us whether this is an employee of a company you were a customer of, or if this was a co-worker. The answer would be slightly different for each.
If these comments were by a co-worker or supervisor,...Read more »
Its impossible to answer that question without knowing more about what happened. Is it a settlement with your own insurer or a third party? Is there any way you can claim that you were fraudulently induced to sign the agreement? Was there a mutual mistake of fact that caused you to sign the...Read more »
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