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  1. Today
  2. Unless you live in a state that is a felony of $20_00 and you have never been arrested to be finger printed and a mug shot and paid cash for your check out I seriously doubt their going to know who you are let along find address to come arrest you let a long send the police after you . your lucky that wasn't a sting operation like they do leaving keys in the ignition of a car unattended windows down to lure unsuspecting people to commit a crime they could of arrested you if it was. It would be a burglary charge misdemeanor class C you got a simple fine and a hour 8 theft class that $20_00could of cost you 100,00 for the class $20,00,pay back %$25,00 for victims panel plus the court fine fees it cost you bout $200,00 forv $20,00 find from cash out self service register you did not use you left store didn't get caught no history of arrest there not gona know who you are but they do now that you internet posted bout admittance of theft crime . I doubt anything will come of this next time think before you act of reality of consequences.
  3. Neither the insurance company or the retail company HR manager would return my calls for last 7 days. Complaint has been escalated to US DOL.
  4. Yesterday
  5. To PG1067: First of all, thank you for taking the time for all these questions. 1) The corporation did own the property jointly with the person I refer to as “the other co-owner.” 2) I think my lawyer should have joined me as a plaintiff at the time the corporation was to be dissolved so there would still be a plaintiff going forward and that I would be recognized as that plaintiff. 3) Yes, the corporation’s other assets were transferred to me after dissolution. However, there were no papers filed with the court revealing the corporation was being dissolved although I do think my lawyer mentioned it to the judge in passing at the trial. There was no conveyance of the property to me until after the conclusion of the partition action and that was per the final order confirming sale. 4) Yes, I bid on the property at a public sale in 2014 and, after dealing with some overbids at the hearing to confirm sale I remained the high bidder. So the sequence was: Summons/complaint filed and served List pendens filed and recorded Trial Preliminary order to referee to sell property at public sale I make winning bid at sale and pay cash deposit I bid above all overbids at the hearing to confirm sale Court final order confirming sale to me Lawyer tells me to request title insurance Title company discovers trust deed recorded against property after lis pendens My lawyer moves to order referee to pay proceeds of sale to Trustee of deed of trust Court rules against my lawyer (as usual) Referee records deed to me 5) Yes, I am still the 100% owner of the title to the property. 6) The lis pendens cited CCP 409 and CCP 872.250. It was recorded in 2008 and the deed of trust was recorded in 2012. 7) Yes, the basis for declaring the deed of trust invalid would be the fact it was recorded after the lis pendens, that a trust deed is a conveyance of bare title to the trustee, and that Civil Code 1214 voids conveyances recorded after a lis pendens. 8) Yes, the trust deed was recorded prior to the 2014 order confirming sale. 9) The trustee and beneficiary never appeared in the partition action even though, I argue, they had constructive notice per the lis pendens of the fact title was in the hands of the court. 10) The Trustor was the person I am also referring to as the “other co-owner,” one of the defendants to the partition action, a former licensee of the Department of Real Estate who, I believe, cannot now credibly argue ignorance of the law as they were themself in the business of lending on real property. 11) Great question: “why wasn’t this addressed in the 2014 order?” Because my lawyer didn’t tell me to ask for title insurance before the hearing to confirm sale so we could have discovered any liens recorded after the lis pendens when he might have done something about it. However, the person really to blame is the lender who recorded a trust deed after lis pendens and who refuses to take it off unless paid an extortionate sum. I’m not sure my lawyer committed malpractice by not discovering the liens but, with over 50 years of experience, I would have expected it. It never even occurred to me anyone would ever do this but I’m kicking myself for not thinkingto check the record myself. As I hinted to RetiredinVA, it has recently occurred to me the lender and former co-owner may be setting me up to foreclose on my property once I am out of the way, however that may happen. Nothing else really makes sense. Given their ages, if there is such a conspiracy, I don’t think it’s to wait. So I am going forward with finding an attorney to deal with this pronto. Appreciate the time you have spent and would be very interested in any more insights by either of you.
  6. To Retiredin VA: Yes, there was a loan and that loan was the obligation of the other co-owner of the property I now own just as you suggest. However, that loan was not properly secured by the property because the trust deed was recorded after the title to the property was already in the hands of the court and a lis pendens had already been recorded as required. There is only one lender. No, the result of the court ordered sale was not a conveyance to my corporation. Remember, I dissolved my corporation long before the conclusion of the partition action. I was the high bidder at the sale. That is why I am now the owner of 100% of the title to this property. Regarding my hope for punitive damages, there was no business transaction nor any business relationship between me and the lender nor between the lender and my former corporation. Punitive damages would be requested for their attempt to try to extort money from me to reconvey the trust deed (and possibly for fraud if I can discover that the note the trust deed secures is actually paid off in substance and that the trust deed is being maintained on the record with a trivial balance in some conspiracy between the other co-owner and their lender purely to damage my interest. Note that I was threatened by the other co-owner long ago that they would do everything to cost me as much as possible and see to it I never would acquire 100%. Realize that, should something “happen” to me, they would be in a position to foreclose on my property unopposed. I now intend to extinguish that possibility promptly.) Thank you for your additional thinking on this.
  7. The correct term for a person who handles a will is executor, not executive. Don't worry--he did not sign away his rights to anything. It's just a legal formality about being given notice. What you can do right now is to visit the county courthouse probate court in person (if you live in the same county and city where the will is being probated) to look at and get a copy of the will that has been filed (or if you can't visit in person, call the courthouse and ask how you can order a copy by mail). You can then look at the will you got from the courthouse to see if it is the same will that was given to your mentally disabled friend. With the will that was given to your friend, what does it say about who is to be the beneficiary? is it the cousin or someone else? Since your cousin is eventually going to apply for guardianship, let the cousin hire an attorney if necessary if there is something that the cousin has questions about regarding the wills and probate procedure.
  8. So...instead of telling you the truth, you think we should lie to you in the guise of "helping" (or simply not respond)? Sorry; no. Whether disappointing or not, I will not provide responses that are not truthful. I've seen disgruntled parties write letters to judges. The letters are stamped and placed in the file and ignored because it is not a proper procedure. As far as "speak[ing] to mediators to figure what happened exactly," there may well be folks who will look at the evidence and try to help you make sense of it. But that won't change the outcome. I have no idea what the last sentence means, and "unbormal" isn't a word.
  9. Small plaintiffs in CA CANNOT APPEAL THE JUDGMENT. You can file a request for reconsideration but that's the only remedy you have.
  10. My case is not that difficult to understand; the judge rulled based on the document that I never signed nor never been executed. I understand the purpose of this froum is to give people free advises and helped them out and I appreciate that, but disappointed people giving up their rights is not helping. I went to court again and besides the forms that I mentioned before they showed me new precedures like writing a letter to the judge or speak to mediators to figure what happened exactly. These are normal precedures for unbormal circumstances.
  11. Why would you expect to see a notary stamp on a will? Wills are not typically notarized. "Disabled" is such a broad term that it is almost completely meaningless. Most "disabled" people have no more problem understanding legal documents than non-"disabled" persons. What is this person's "disability" such that you think he didn't "know what he was signing"? RC 2107.19(A)(1) provides for notice regarding the commencement of probate, and RC 2107.19(A)(2) provides for a waiver of notice. Yes. A mere lack of understanding won't make the waiver invalid. Folks sign stuff all the time that they don't understand. A lack of mental competency could be used to invalidate the waiver. That the document shown "may not be the original or a complete will" doesn't necessarily invalidate the waiver (it not being the original absolutely would not). You're in way over your head here. I guess you're taking care of this person out of the goodness of your heart and don't have a POA, guardianship or conservatorship. No problem there, but the lack of any of those things leaves you with no standing to take any legal action on this person's behalf. If you want to be in a position to take legal action, you need to consult with a local attorney.
  12. They're certainly not obligated to honor a price stated by mistake -- especially where it's $X "or thereabouts," and especially not when the mistake was corrected in 20 minutes.
  13. I don't know where you read any of this, but concerning yourself with a "national average" or even an average for the SF Bay area isn't productive. Keep in mind that some folks spend hundreds of thousands of dollars, and that can skew the average. As you noted, with only one issue really in dispute, you are likely on the low side. Of course, as noted, just about anything is possible. In the context of an internet message board, there isn't a lot more to say about this. Doesn't sound like she's really thought this through logically. Time for you to be finding a local divorce attorney.
  14. My suggestion is to wait until the sister is appointed guardian and let her take car of the issues. Since you are in no legal capacity to act for the individual in question it could be considered improper for the attorney to discuss the individual's situation with you. I am sure you mean well but this can only be handled by someone authorized to act on the individual's behalf.
  15. As to the first question, he is mistaken in his belief that he must be present for all discussions in his case. Nor does he have a right to be present at all such discussions. There are a number of things that the prosecutor and defense attorney, with or without the judge, might discuss about the case that do not require that the defendant also be present. Indeed, that is part of the value of having an attorney represent him in such matters: the attorney can deal with a number of things for him without him having to be there. His attorney represents him and defends his interests, and since both the prosecutor and defense attorney were present when the judge discussed the matter the judge committed no error. Moreover, the judge is correct that the fact that a wife of a juror now wants to attend jury duty when initially she tried to get excused has no impact on his case. She isn't going to be deciding his case, and there is nothing to suggest that the juror in his case (the husband) had any improper discussions of the case with her. She may simply have heard from her husband that he found jury duty interesting and wanted to experience it, too. Nothing wrong with that and in any event it doesn't impact his case at all. Bottom line is that I see no good appeal out of this. For the second issue, again the defendant has no right to be present at all these conferences and nothing requires his attendance at the conferences that took place out of open court. So he won't have a good appeal out of the denial of his request to attend those conferences. His lawyer does have a duty to keep him informed of anything significant that occurs in the case, especially those things that would impact his ability to effectively participate in his defense. Without knowing what was discussed at the conferences and what impact it might have on his ability to participate in his defense it is not possible to say if the lawyer’s failure to disclose what was discussed would amount to ineffective representation. It’s not likely, but I cannot say for sure that it would not be an issue. But ineffective assistance of counsel claims involve a different process than simply appealing the conviction. There is no appeal issue in how the seating was arranged at the defense table. There is really nothing that the jury could be lead to assume regarding the defendant’s guilt from that even if the jury members noticed it.
  16. Hello. I take care of a special needs person in my home who has resided with me for 7 years. His sister passed away recently and this past Sunday the executive ( friend of the deceased) and attorney, came by this past Sunday to go over the will, is what they said they were coming over for but when they came they just handed a copy ( no notary stamp) and had him sign a waiver of some sort. ( RC 2107.19 (A) (2) ) Because he is mentally disabled, he of course wouldn't know what he was signing and neither did I as I asked what it was. The attorney said it was to speed up probate. I said that it says waiver, so I didn't know what he was giving up his right to something. I wasn't sure still but then the attorney started asking about medical power of attorney and asked him if he wanted me to be his medical POA and went around the table asking in case something happened to me, would you want this person, then another. I stopped her and said first, he doesn't understand and agreed with everyone around the table, including the husband of the executive to be medical POA in the event me and the executive happen to die. I told her this is improper to practically pull names from a hat for something as serious as that, besides, I'm not an attorney, but doesn't someone need to be of sound mind to even appoint a POA? He clearly is in need of a guardian and yes, I asked years ago, but his sister didn't want that, so I left it alone. ( both parents had passed sometime ago and no other siblings) This attorney didn't like my objection and asked me to leave the room. I politely said no, this is my home, I take care of him 24/7 and since he is unable to understand, someone needed to speak up. So that didn't go well. Here's the main reason I am writing. It just so happened that a relative called regarding the will. She claims that the executive read the will to her days ago and named the person who I take care of as sole beneficiary. The copy left for him stated no such thing, so either it was an incomplete will or a different one. Regardless, doesn't that make his signature invalid for two reasons? I) He didn't understand and 2) The copy of the will may not be the original or a complete will. I certainly don't want to jump the gun, but it seems suspicious to me. The cousin is going to file for guardianship just to protect him, but why would it not be disclosed if he was a beneficiary? Unless a trust is set up, which many parents do that for a special needs person, but still the way they are going about it is very suspicious. Any suggestions would be appreciated. Thank you.
  17. I think you are hearing what you want to hear and not what you're actually being told. I know you aren't understanding what the statutes are actually saying. You don't have 2 years to file your claim. The claim has to be filed with the public entity within 90 days and if it's not, you can get permission to file a late claim. The court action--the lawsuit that you commence after the claim is denied-- has to be filed within 2 years of when the cause of action accrued. You really need to retain a local attorney.
  18. Thank you adjusterjack and pg1067. I countered the prroperty manager with an offer of $400 which is what it would have cost them to replace the carpet in the living area(where the stains were present). I will post an update when I hear back from them.
  19. Let's clarify one thing here, because it is important. Put aside the fact that the creditor sends just one bill. That doesn’t matter here. If you had eight accounts with the same creditor then the creditor could send you eight separate bills to collect those accounts or the creditor could send you one bill each month to combine the payments for all the accounts together. Either way, it would not change the fact that you have eight separate accounts with the creditor and that the failure to pay the bill, whether it be failure to pay the eight separate bills or the one combined bill is still the failure to pay eight accounts (loans) and each may be reported separately. The flip side of that is that if you have just one account with the creditor, then if it sends you eight bills during the month to collect that one account and you fail to pay any of them the creditor could not report eight separate delinquencies because despite the number of bills they sent you for the month you were still only late paying one account. This is why the number of bills you get does not matter. It is instead the number of accounts (debts/loans) you have with the creditor that matters. The FCRA itself focuses on accounts, as indicated by the following section that requires the creditor to furnish the date of delinquency for delinquent debts reported to credit bureaus: “(5) Duty to Provide Notice of Delinquency of Accounts (A) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action.” 15 U.S.C. § 1681s-2(a)(5)(A)(italics added). So the question is, do you really have eight accounts or one? In order to determine that, answer the following questions: Did you take out eight separate student loans? Are there eight separate balances due? If the answer answer to each of these is yes, then you clearly have eight separate accounts with that one creditor, and the creditor may report each one separately to the credit bureaus. On the other hand, if you ever only took out one student loan or if you formally consolidated all your separate student loans into one big loan and thus have just one amount outstanding then you have just one account and the lender may report you as delinquent on just the one loan that you have. Which is it? Again, it does not matter whether they bill you separately for each account or send you a combined bill for all of them. It is not the number of bills they send you that matters. What matters is how many accounts you have, i.e. how many separate loans you took out. In general, with student loans you take out a new loan each semester, and each of those is a separate loan and a separate account even though they may all be with the same lender.
  20. ok,,thats what i was thinking but i wanted to make sure,,,,,thank you for your reply
  21. If the court orders an involuntary sale, you could end up in a situation where you get 70% of the FMV. A cooperative sale should get you closer to FMV.
  22. The correct price. They are not bound by an employee's mistake.
  23. Last week
  24. I bought a chevy Blazer about a month ago. I put it in the shop on march 13th and they just called me to notify me that the work on it has finally been completed. I was told over the phone that the total cost would be $1600 or thereabouts. They call back about 20 mins later and tell me that the new guy at the front desk made some mistakes and that the total cost woud be nearly $2000...I understand that mistakes can be made by new employees, but in this case, which price are they (the shop) obligated to honor? thank you
  25. Thanks for your prompt answer ! answer 1: it is out of the question; no other property to equalize. answer 2: that is what worries me and therefore have not pull the trigger yet. my hope is with only one issue in dispute, the time and cost should not be that long & big ! I hear that national average cost for divorce is about $20,000, maybe higher in the bay area, let's say $45,000 ? but that is normally with custody issue ! answer 3: that is what I am most interest in; let's say if the court could order the sale within a few months and divide the money 50/50, then there won't even be any dispute ! could anyone with some legal mind provide me with more detail information on this ? As to what she wants, she wants a divorce, she wants the house we currently live in unsold , and she knows it very well that she can not get more that 50% of the community property by law ! talking about unreal thinking and illusion !
  26. 1. Unless you have sufficient community property such that the person who doesn't get the house can have other community property to equalize the asset split, there probably isn't any alternative. 2. Timeframe is anywhere from six months to two years or more. A judgment in an action for dissolution of marriage cannot be entered until at least six months have passed from the date of filing. Depending on how vigorously you litigate, there is really no upper limit on how long it could last, and the same is true with cost. You could end up spending all of the equity on lawyers. 3. Yes. Out of curiosity, what does your wife propose be done with the marital home?
  27. Ok, you have now had two attorneys say 1 year and two attorneys say 2 years. I suppose now is the time to pay an attorney in your state to break the tie.
  28. my situation: long term marriage of 30 years, one adult child of 20 years old ( thus, no custody issue ), low to middle income ( about $1000 monthly from social security for me, and she is making about $3500 per month ); and we do not have much in saving and other financial accounts. The only big asset we have is the residential house in the San Francisco Bay Area, which is a marital property with both our names that we bought 10 years ago ( community property ). It has big equity and small mortgage; therefore ,buyout or refinance is not an option for us ! The most ideal solution for me is : to sell the house and divide the proceeds 50/50 and then file an uncontested divorce & get on with our own life; She also wants a divorce, but does not want to sell the house ! My question: 1). if I go to court, the judge eventually will order the sale of the house and divide the proceed equally, right ? 2). assuming this is the only issue in our divorce, what would be the timeframe and the total cost ( attorney fee and cost ) ? 3) could I petition the court to order the sale of the house at some early stage of the case, instead at the end ? I am pretty well inform of the basics of the laws regarding divorce in this state; any answers, comments, suggestions would be greatly appreciated !
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