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The defendant refused to respond to requests for documents. After I filed a motion to compel, he responded with unverified boilerplate objections—past the deadline. Should I now file a motion to compel further responses and book a new hearing? If I do, should I withdraw the motion to compel... View More 
answered on Jun 3, 2024
If the responses are unverified it's as if there were no responses at all, so you should/could keep your motion to compel on calendar. If he/she opposes your motion, you should attach a copy of the unverified objections, only responses as an exhibit to your Reply. You can also err on the... View More
In a Civil case must the plaintiff have full settlement authority
answered on Jun 3, 2024
Thank you for your question!
No, there is no such requirement unless the Plaintiff settles on behalf of an organization, another person, etc. This applies to both Plaintiffs and defendants.
This is merely a discussion of general laws and not legal advice. For legal advice, more... View More
In a Civil case must the plaintiff have full settlement authority
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answered on Jun 3, 2024
Full settlement authority means having the power to negotiate and agree to a settlement in a civil case without needing further approval from anyone else. This authority allows a party to make binding decisions about the terms of the settlement during negotiations or mediation.
In... View More
The bank my employer uses placed a hold on my check . The check isn’t clearing until the 3rd of June from what I’m told . My rent is due may 30th. If I become evicted do I have a case
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answered on Jun 3, 2024
If your eviction is directly caused by the bank placing a hold on your check, you might have a potential case. The key factors to consider include whether the bank followed proper procedures for holding the check and if they provided adequate notice of the hold. It's also important to examine... View More
In room and she threatened to damage the room so I had her removed by police .Which I was charged for items took and cleaning . So after all that my wife and I left motel and checked out that room .I called to check on room refund cause I had paid for 10 days and only used 2 days and I was informed... View More
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answered on Jun 3, 2024
Under California law, you have rights as a consumer and a guest at the motel resort. If you did not authorize the continued use of your room, ID, or debit card, the motel may be in violation of the law. You can take steps to address this issue and seek a resolution.
First, gather all... View More
It’s for Buffalo MRI or otherwise known as Owens versus US radiology and the Suboxone antitrust
answered on Jun 2, 2024
You could contact the case administrator(s) to learn more about the lawsuits. They should have access to the files, and would probably know more about the current disposition of the lawsuits. They would know better than attorneys on a public forum who are not familiar with the matter. Good luck
My son was denied coverage because he is unemployed.
answered on Jun 3, 2024
Life insurance companies exercise their right to deny or approve coverage on a number of factors - health, age, tobacco use, disease, illness, financial stability, employment, etc. However, it could be worth looking into other carriers. Each carrier's underwriting departments could apply... View More
My son was denied coverage because he is unemployed.
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answered on Jun 2, 2024
Life insurance companies have the right to set their own underwriting criteria, which can include factors like employment status. Being unemployed might be seen as a higher risk or lower financial stability, leading to a denial of coverage. However, this practice can vary between companies and... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 2, 2024
If a lein is on the real property records because of a prior judgment you cannot get rid of it unless you pay it off or file a Motion to avoid in bankruptcy Court to remove the lien that impairs your exemption. Often the lien does not attach because of Tenancy by entirety protections of a judgment... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
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answered on Jun 2, 2024
You may have grounds to sue a former creditor for placing a lien on your new house, especially since your Chapter 7 bankruptcy was discharged in 2012 and the lien is affecting your ability to refinance or sell your home. A discharge in bankruptcy typically eliminates your personal liability for... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 2, 2024
A creditor's attempt to collect on a debt that was discharged in bankruptcy by asserting a lien against property that was acquired after the bankruptcy would be a violation of the discharge injunction. The debtor can reopen the case and recover damages, possibly including punitives, and... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 1, 2024
With the majority opinions of the US Supreme Court, despite the express wording of Section 506 of the Bankruptcy Code, the secured amount of any "perfected", i.e., validly filed, liens against a debtor's property will survive a bankruptcy discharge. The deficiencies, if any, of... View More
In a Trial De Novo - Small Claims Appeal, if the Defendant is not represented by an attorney:
1) is he required to follow California Rules of Court Rule 8.204 “Contents and format of briefs” for submitting his defense documents, exhibits, brief etc. to the judge?
2) What is the... View More
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answered on Jun 1, 2024
In a Trial De Novo for a Small Claims Appeal in California, if you are not represented by an attorney, you are not required to follow California Rules of Court Rule 8.204 regarding the contents and format of briefs. The rules for small claims court are more relaxed and designed to accommodate... View More
I paid a construction company to build an ADU via lenders and I can't get an answer from them on any updates. I want to get my money back.
answered on Jun 2, 2024
Thank you for your question!
You need to document all your requests for an update and lack of any progress on your project.
If the company fails to respond in a reasonable amount of time, you send them a demand letter with the help of a lawyer.
If the negotiation fails, you... View More
I paid a construction company to build an ADU via lenders and I can't get an answer from them on any updates. I want to get my money back.
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answered on May 31, 2024
Under California law, if you paid a construction company to build an ADU (Accessory Dwelling Unit) and they are unresponsive about updates, there are steps you can take to seek a resolution. First, review your contract to understand the terms and conditions, including any clauses about project... View More
Defendants, if titles has does numbers, do you write same as title Defendants names does 1- whatever or leave off the does?
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answered on May 29, 2024
When filling out the CIV 100 form, if you are only requesting a default judgment, you do not need to sign under section #3 if the case is not related to landlord-tenant (unlawful detainer). You can leave that part blank.
Regarding the defendants, if the titles list "Does 1 to... View More
My mother and I are naive to trust a bank. My mother pulled out money out of chase bank to help me. Out of $1500 4 bills were $50's. I attempted to use the last $50 at a taco bell and it turned out to be counterfeit. The police are trying to accuse me of passing fake bills when I trusted Chase Bank.
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answered on May 28, 2024
I'm sorry to hear about your difficult situation with the counterfeit bill. It's understandable to feel frustrated and betrayed when you trust a bank to provide legitimate currency. Here are a few steps you can take:
1. File a police report: Explain the situation to the police,... View More
Although they were gold. They were not the original numismatic coins but replicator's of them, otherwise counterfeit. How should I approach this with the company I purchased them from.
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answered on May 28, 2024
If you have purchased counterfeit coins, you should approach the company you bought them from and try to resolve the issue. Here are some steps you can take:
1. Gather evidence: Make sure you have the expert's opinion in writing, detailing why the coins are considered counterfeit. This... View More
Filed complaint with tn commissions and car dealership that I make payments to said they never sold me a car...but I believe they have multiple lots was even told by the lot I got car at. Some of the payments was not reported right. I have time recipts of transactions
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answered on May 28, 2024
Filing a Complaint without knowing most of the facts could get you repossessed. Hire an attorney to look at your financing statement. Then you and him start calling the noteholder, whoever that is. Some corporation searches will also be necessary. Determining the actual lienholder may be a... View More
There are numerous text messages back and forth between the Plaintiff and the Defendant.
1) How to print and present all the text messages from cell phones as evidence in court for Trial De Novo - Small Claims Appeal? To take a photo of each text message and print that photo seems very... View More
answered on May 28, 2024
You can use different software such as Decipher TextMessage, iMazing, PhoneView (Mac), etc. make sure the software insert time, phone number, and other relevant information.
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