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Found 542 results

  1. Does California Superior Court have the authority to allow intervention in a California partition action where the final order confirming sale was in 2014? I’ve read intervention, which must be “timely,” involves a new complaint but, even so, I believe intervention would be more economical to all parties and the court than to have to deal with a whole new lawsuit (for quiet title), which is the guaranteed alternative. All I want is a declaratory judgment clarifying the previous judgment declaring a trust deed, which was recorded against the property after the notice of action was recorded, to be invalid on that basis in accord with specific provisions of law and not any kind of change to the intent or substance of the original judgment. No paper has been filed canceling the notice of action so I suspect new papers can still be filed. This question arises because a title company insists on including an exception to an offered policy of title insurance due to the trust deed. As they say, they do not remove such exceptions on the basis of theories of law (that “theory” being that documents recorded after the recording of a notice of action against title are subject to the later judgment of the court) but on recorded documents. They want to see an order by a court explicitly declaring the trust deed invalid (or a reconveyance). I realize 2-1/2 years may not be “timely” in the ordinary sense of the word but I hope the court at least has the power to consider a request for intervention where everyone would benefit. I have talked to an attorney who offered to do the quiet title but I don't think he's offering the quickest and most economical solution.
  2. Hosted an after hours party at my apartment complex where we provided food and beverages including alcohol for a door fee of $25. An underage attendee whom we assumed was a guest of an employee became inebriated and drove home. On her way home, she crashed into parked cars and passed away. Due to the fact that we collected money and distributed alcohol are we liable for the death of the young woman.
  3. I am a tenant, our dishwasher (new just replaced a few months ago) did not drain. We notified the landlord she sent in a repairman. conclusion...drain was clogged with food as well as the air vent. Landlord considers this mishandeling of new appliance, we are requiered to remove food residue from the dishes....which we do btw. So repairs of 75 dollars is billed to us! Is this right?!
  4. Your question 1. I believe my husband went to Mumbai and married another women, is that legal? 2. I believe on his passport his material Is listed as SINGLE , is this legal 3. The visa he has/had obtained to get into certain counties also has his material status listed as SINGH, is this legal
  5. Triplet 16 year old kids, got sick of living with mom and they have expressed their desire to move in permanently with me, when Mom got the news, she threw them out of her house and now they are in my house, I have been paying child support for 11 years to her, what to do if I want to make this legal? I want to be able to move to another state if I no longer have to be in California ....
  6. Question for you. A car turned right in front of me. I tried to avoid her but was almost at the intersection when she decided to turn. Light was green and I asked why she did it and she said, "well the light was green." After investigation, my insurance wrote and said I was 0% at fault. Just received a letter from her insurance, Mercury, saying I was 30% at fault because I failed to yield. What is that about...
  7. A friend is set to sign papers and accept payment from a class action lawsuit, her Delima is she conspired with another friend to commit fraud.The first person, we will call w.1 and w.2 and so on. W.1 comvinced, W.2 to say W.1 was present and involved in the legal matters making this law suit, they came to a mutual agreement of when the case was settled W.1 would recieve $1000.00 and the rest would go to W.2. Here is the problem, the check is ready to be cut, the lawyers ask how do we divide this between the two? W.2 says $ 1000.00 to W.1 and the rest to W.2. Now, W.1 says She wants half. W.2 says, No you take what you and I agreed on, or I, will go forward and tell the lawyers, You and I committed fruad, and she will take the punnishment and lose the money all together, just to spite W.1. what type of sentence do you think the two of them will receive? And fine? W.2 knows they both will forfeit the money. Your opinions please.
  8. Not sure how this works but I really need help. What if I'm DISABLED and a person or persons reference of me to other staff an member that my name is "crazymary". And even tho the staff and members know I'm DISABLED is it legal to use such description of someone who they are well aware as being disabled? How do I file a claim against them? They have also removed my home (trailer) from my property ,using the law enforcement officers that at the time were off duty.Telling them" To move NOW OR LOSE YOUR JOBS IN THE MORNING"!
  9. Was in accident deemed 50/50. Now today, months later i am asked by my insurance to sign papers to settle nown,as i am told, time is of the essence,running out and without the knowledge if suer has a spouse or not.My insurance says cant get a hold of or a response from the suers Lawyer to find out if there is a spouse. I am afraid to sign and then later if there is a spouse i get sued by spouse.Thought had more time, I feel uneasy. The claims are outrageous as it is and worse now says will be ongoing possibly for life. What? Accident was almost at a stop. I'm told 50/50. I think a set up. What happens if i dont sign because i am not informed of a spouse.
  10. I was a juvenile when i was accused of a felony robbery, I fought my charge and it was dismissed, but the charges still show up on my juvenile record. I was wondering if I could have the charges completely erased. I just recently had the case sealed but I want to join the military and the charge still exists as a felony so of course it'sa detriment to my chances. I was wondering if I could use prop 47 to either drop it to a misdemeanor or if I could talk to someone and have it completely removed based on the false accusation.. I was 17 when it happened I am now 25 as of March 8. I would appreciate any information for gaining clarity on the situation. Thank you.
  11. I am a tenant living in attached condo. Couple of weeks ago, neighbor started a construction on interior of the house and one of the shower faucet broke and flooded their entire house, single story, and our first floor of the house. Neighbor's house was vacant when that happened. A lot has happened since the incident and it's been almost 3 week and nothing has happened. Neighbor filed a claim on the day of the incident but their insurance hasn't even come out to do any investigation or assessment. My landlord got frustrated with the slowness and decided to fix using her own insurance. Problem I have is that my landlord has asked me and my family to move out for a month to repair all the water damages, which is entire first floor. Landlord gave us a week to move out without covering any moving expenses, housing, and whatever else. Landlord and landlord's insurance claimed that they will not and don't have to cover any costs because it was neighbor's fault. Landlord agreed that I don't have to pay for a month during construction time. Which is obvious because my family isn't and can't use the house. I contacted neighbor's insurance company and they said they are investigation but as I have mentioned, they haven't even come out to do anything in neighbor's house. They told me that they will not cover anything until they are sure that it was neighbor's fault and not cause by negligence. What are my rights? Financially, I can't afford to move out in such a short notice and stay at hotel for 30 days which costs around $250 per day for family of 4 adults.
  12. I was a juvenile when i was accused of a felony robbery, I fought my charge and it was dismissed, but the charges still show up on my juvenile record. I was wondering if I could have the charges completely erased. I just recently had the case sealed but I want to join the military and the charge still exists as a felony so of course it'sa detriment to my chances. I was wondering if I could use prop 47 to either drop it to a misdemeanor or if I could talk to someone and have it completely removed based on the false accusation.. I was 17 when it happened I am now 25 as of March 8. I would appreciate any information for gaining clarity on the situation. Thank you.
  13. I am one of 3 siblings. Parents have passed, and now one brother has died intestate in California. The living brother lives in California, and I, in Arizona. I think my brother has already cashed in on s me of my deceased brothers assets, and when he calls, he tries to confuse me about what is mine, if anything, and how much his daughters need money also. Deceased brother is single and childless, and I'm not even sure what assets he has, because my other brother won't tell me, and he tells me I don't need a lawyer. How can I find out what assets, property, etc. Are there, and what are my rights as the only other sibling? Thank you
  14. On June 8th, 2016 my 10 year old son was injured during an elementary school band field trip to Knott’s Berry Farm. The trip to the amusement park was to perform with the school band; during the field trip the kids were able to ride on the amusement park rides throughout the day. There were a group of kids which each chaperone were to have somewhere between 4 to 5 kids. My sons chaperone had 10; 4th graders in her group. During the day the kids were able to ride on a ride, his group chose to ride on the Log ride, They then had lunch around 10:30ish. After lunch they took a group photo and proceed to go on to the Sidewinder . During this ride, my son had "evidently" passed out in the midst of the ride. His friend who was sitting next to him asked if he was OK and my son said "umm, yeah I guess" . After that ride, the group had decided to go onto The Silver Bullet, according to my son’s partner that was sitting next to him; he saw that his head had nodded down and noticed that he was unconscious. After that ride, his friend helped him out and my son went to the chaperone, with an apparent look of distress on his face, because my son suffers from Asthma she thought he was having an asthma attack and gave him his asthma inhaler. There was no discussion from the chaperone to my son as far as his well being, the group of kids went to the area where the photos were being shown from the ride, it was apparent in the photo that my son was completely unconscious, however I have not seen the photo but there were several people who took pictures of the photo. After that incident, the chaperone allowed the group of kids onto another ride, which was MMontezumas Revenge, my son was very reluctant and kept telling them "nah, I don't feel like it", but kept pressuring him to go on it until he agreed. During this ride, once the roller coaster took off, my son was fell unconscious through out the duration of the ride. And again no concern from the chaperone regarding his health or well being, his friend that was seated next to him had to nudge him to get him coherent and then he had helped him up and out of the roller coaster ride. It was apparent there was no report made to the coordinating teacher, the school, the nurse or the principal. It wasn’t until the following day when I was approached by my son’s classroom teacher regarding the rumors that he had passed out. I approached the chaperone and asked her what took place and her response was she thought he was just having an asthma attack. There was a complete disregard for my son’s health and his well being not to mention the gross negligence on her part with respect to being a chaperone. He did not receive any medical attention at the theme park and no additional care was given to him from the chaperone. I had left a message for his pediatrician on June 9th regarding what had taken place; on June 10th I had left a second message regarding what had taken place. During the weekend both my husband and I started to notice a change in our son’s attitude and thought process. On Monday morning while making breakfast, I noticed my son had "blanked" out and became non responsive for about 2 minutes. When he came to he was angry and crying. He had refused to talk about what had happened and couldn’t recall anything within the last few minutes. That morning I received a call from his Pediatrician and was concerned as well. He wanted him to see a cardiologist to rule out if all the passing out was caused by a pre-existing heart condition. We were able to get him to see a cardiologist the following day. When I picked my son up from school on Tuesday, I ran into the school nurse, she was impressed with how well my son looked from being sick the prior month. I explained to her what had happened during the trip and she looked very concerned and said she will have to look into the incident because she had not heard anything about it. We visited the cardiologist and it was determined that he did not have any pre-existing condition that would have caused him passing out. On Wednesday June 15th, I spoke with my sons pediatrician again and explained that the cardiologist believe he had a concussion and should see a neurologist. However because there was a 6 month waiting period it was suggested to go to CHOC hospital. During this process his pediatrician had him admitted to the hospital for observation, they were able to run a catscan, eeg, and ekg. The end result is that he had suffered a concussion from passing out on the rides and banging his head. He had gone through a few days after he was released having these mild blank seizures; he now suffers from migraines, which his neurologist states could last for 2 years. He is currently taking medication to try to help ease the severity of them. His neurologist diagnosed him with post concussive syndrome. I filed my education tort claim to the district within my 6 month time frame, and had received my rejection letter in January. Someone needs to be held accountable for this and if the school is "protected" how do you go around that? Who is liable for the injury that my son suffered? This should not have happened and I don't know who in their right mind would ever allow a could to go numerous rides, after passing out. Any guidance would be helpful I just do not know where else to turn to.
  15. Hello, Please advice to help me. QDRO's process just began to divide Ex Husband's 401k with the QDRO specialist. They are not attorney but my former divorce lawyer hired this office when divorce was finalized. However, since Ex H hasn't cooperated for a payment although the decree states the process at his expense, the case has been in pending for last 4 years. Because I may be in risk to lose all my right on my interest, I paid a fees and cost to complete QDRO rather than keep asking to provide a payment to him who hasn't intentionally done it . Q 1.) When other party is represented by a divorce lawyer and I am a self representative ( I couldn't keep having a lawyer due to financial burden and I still can't afford to hire ), is there any disadvantage for me to go through QDRO process without a divorce lawyer? Q 2 ) The office say that in order to move forward in the process, I need to confirm this statement " we are jointly retained. If so, per Family Law Code 216, the opposing party or their attorney will be included in all communication with our office" Is it true that I have to accept this? I need to involve other party in this process because I am a self representative? I am very afraid that I will get the same experiences I had in the past. Ex and his attorney have done with using any tricky and dirty ways and lies to me and at the court that made me a lot of crying. I just want to get done and move forward my new life without any more harassment and interruption by Ex and his lawyer. I had been isolated and abused since I moved to the U.S due to marriage with him. After 11 years of marriage, I finally could escape to DV shelter with the kids and filed divorce. My marriage life and divorce have been very painful. In addition, he stole all of my hard working life saved money I earned before the marriage . He's never satisfied even he was given a lot and a lot more than equal division of property. I gave up a lot of my rights and even waived $$$ he loaned from my family. The child support is behind, He ignores to provide half of medical expenses for the kids in the decree. This retirement fund is not large but this is only I got to be divided that I don't want to compromise anything with it. Anything you will share for me would be appreciated. Thank you very much.
  16. Grantor created living trust in March and passed away in December. The major trust asset is a brokerage account (under $1,000,000). There are 10 beneficiaries with percentages ranging from 20% to 5%. To distribute the assets, the mutual funds, stocks and bonds will be sold by the Trustee of the Trust and then cash distributed to benes. Is the basis for the sale by this Trust a stepped up basis to date of death or original basis from when Grantor purchased stocks, bonds and mutual funds?
  17. Hi my husband is a felon in California, I won't go into much detail about his crimes but they aren't violent. I've been wanting to go to a gun range lately with him but he's not allowed.... will he ever be able to go into a gun range? & if not and we can try & clear his record, how do we go about that?
  18. I have sole legal and physical custody my 12 year old son. My ex has visitation. Our son has a 504 plan in place and is up for his annual review. I recently was granted sole legal custody and am requesting that my Ex not participate in the 504 meeting as his presence is not helpful and even potentially detrimental. He is emotionally abusive and controlling. The school is refusing my request stating he has rights under the education law even. My document does not specifically spell out the rights I have just states I have sole legal custody for education, health and religious aspects. I believe that since I have the right to make decisions regarding all educational needs and issues without my Ex that I can request he is not present at the decision making meeting. I am not preventing his access to information only asking he not be present or involved in decision making. The school is refusing. My family law attorney states this should not be the case but the school attorney disagreed and the school is holding firm toothier decision. What are my next steps? Are they correct? What was the benefit of sole legal custody then?
  19. I think might be a bit complicated. Came here to Brazil from California with my children and their father (my husband, currently in the process of divorce). He went back to CA to work to complete our construction here while I stayed with the kids. Two years later, we separated. He is still in CA and I'm still in Brazil. There's a current divorce case filed here in Brazil. He was giving child support, but decided to lower the support a few months ago. This amount is not sufficient for me to support the kids. I'm stuck here in Brazil as I do not have the funds to fly back to the US with the kids, let alone start over again. He wants the kids and I thinking of letting him take the kids so that it will be easier for me to move back, find a stable job and get settled. I would want to get the kids back at this point. I'm not sure if there's anything I can do now to ensure that I don't have problems with filing for child support once I get settled. I think if I let him take the kids, it will have to be included in the divorce here in Brazil. Once I move back to the US, I could request for child custody and shouldn't have any problems with the divorce/child custody decision made here in Brazil since we are all back in the US? I'm just afraid of having problems getting them back.
  20. My ex and I have always shared 50/50 custody of both of our children since they were small. My daughter is 14 and now wants to decide where she wants to live (with her Father). She is stating to having a lot of anxiety when she's at my house. I have spoken to her regarding her anxiety and she says she just doesn't want to go back and forth between our homes anymore. I understand her frustration but I can't help but think there might be more to it. Her dad has filed custody modification papers with the court wanting to take 100% physical and legal custody of her. There is no neglect, abuse (physical or mental), drug use, alcohol use in any of our homes. We are both good parents. Would a judge take away my custody just because my daughter is tired of going back and forth? What would be the basis of a judge taking my custody away based off what my daughter wants?
  21. I was discipling my daughter for doing something she had no business doing, she had a bruise on her arm the size alittle bigger than a quarter she went to school and claim her friend held her arm and she was in pain her friend asked her what happen and she told her, and her friend reported it to the school office. This incident happen in junior high School last year April, the school called the cops and C P S the cops brought my daughter home and CPS came to my home to question my daughter they did in private and took a report from me. After weeks of investigation CPS close the case. Then I got a letter from the DA about a criminal case against me . So I have been going to court since every month from last year May The doctors report says he examine her and find nothing, the cops took pic at school the public defender I have told me the pics are purge they cant find them, A public defender came to my home took a statement from my daughter about the incident. So last month and this month my public defender was MIA claiming to be at trial..... But I was informed by another Public Defender that she send a written motion to the Judge for a dismal because the lack of evidence but the judge deny the motion. I would like to know was it ok for my Public Defender to send a motion without me seeing it or without my approval ?
  22. Purchased a 2017 MB from a local dealer, had the car less than a week when I discovered the car had body and paint repair done. For the last week the General manager's been telling me no way that any car was painted at his dealer ship without him knowing about it, that it must have been MB when it arrived in Long Beach or another dealer he traded with. He was more than willing to find me a new car without even looking at the car to see the extent of the damage I was referring to. (I've had it looked at by 2 different MB dealers) Only after constant pressure did he tell me that the car had been in an accident (customer hit a pillar with rt side of car) while on a test drive. He continued to tell me the customer paid for the damage in cash and that his people repaired the damage with a cost of less than the 3% of msrp and that he didn't need to tell me. (safe harbor laws. 9990-9993). What I want to know is how is a un-registered new car involved in a driving accident not a material disclosure and not considered a fruadulent act when not disclosed . The dealer did such a poor job of repair thus keeping the cost below the threshold. Any recourse suggestions?
  23. Hi, I am a divorced parent and I claimed my son as a dependent on my 2016 tax return. My tax return was accepted and processed by IRS. My son turned 18 in April 2016 - and considered not living with either parent for the year of 2016 by tax laws - and child support ended in June 2016 when he graduated from High School. Now my ex-spouse wants to claim my son on the tax return. In terms of tax laws my ex-spouse doesn't have a case because custody rules don't apply and the person who files first can claim the child as a dependent. Does my ex-spouse have a case in family court?
  24. I am concerned about my recently deceased friend and her living husband. His daughters(5), she never had children, whom all reside in other states, have come here while she was in hospital with only days to live and began going through the house shredding papers and discussing their plans for house and it's contents. Stepmom has passed now and the stepdaughter that I assume was named POA, has taken her fathers copy of will back to Washington with her. One of his daughters never got to read it, she asked but was only "told" what it said by another sister. I am concerned that the wishes of my friend are not being carried out as she wanted. I have taken care of them for the past 20 years and they both expressed certain things about what they wanted and it's not being followed. How can I find out?
  25. Hope someone can help me clarify my options: I inherited a C corp from my father when he passed away 13 years ago. The only asset it had was a 6 unit apt bldg, which I just recently sold. I was told that to avoid being double taxed on the long term capital gains, I would have to dissolve the C corp the same year as I sold the property. Is that my only option? What would happen if I reinvested the $$ into another property? Would I have to put every penny into the new asset? If I don't reinvest, what are the consequences? After step up basis, etc, capital gains is about 600K. Thanks for your help!