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About joephdnpainting

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  • Birthday 11/03/1964

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  1. I was sitting in my truck, cleaning it out, my truck it was parked in front of my house around 9 pm when a gentleman slammed into the back of me. My truck (a mini) ended up through my cyclone fence his truck (a maxi) the wheel broke off the axle and skid about 3 houses down. My neighbor directly next door has damage to his fence also. I immediately called 911. All the neighbors came outside and a few immediately recognized him to be the owner of the tobacco shop and the auto repair shop a few blocks away. As far as I know I'm o.k. and he is o.k. but the vehicles and fences are not. After every thing settled down I invited him into my house. He smelled like alcohol. I gathered his information and from what he says, "He was locking the gate as he was out of the truck a black man jumped in the truck and started off he in turn jumped in the bed of the truck and the suspect drove off", shortly after plowing into the back of my truck then fled. No one seen the suspect me included, driving or flee. After two hours and the police did not show, the man wanted to leave. I called 911 and asked what should I do? They said, "let him go", and he left my house. The police showed up about two hours later and wrote their report and I called my attorney and ended up at the emergency. room. All of this happened on the 27, Sept. 2018. The truck that hit my truck was not reported stolen and has not been reported to date.The police officer is going to charge him with hit and run and suggest I do a six pack line up. His insurance is fighting my claim because they said there client said it was stolen. If they bothered to check they could see no reports of stolen vehicle. Are they the judge and jury now? Does their policy dictate the law? How long does the law say they can carry on with this injustice?
  2. my dearest Mother has been in the hospital since Sept. 27, 2018. She was at home when she was injured going up the front porch concrete stairs then fell backward and cracked the back of her skull. She is 75 years old and on social security. She's totally disable on a respirator. My 1st question, do we file for disability? 2nd, is her home owners insurance liable for any reason. Thank You.
  3. If you file a DE 120 Notice of Hearing (California) This should keep you up to date with the goings on.
  4. I'm there for morale support.. Will you explain what a third party witness?
  5. Yes there are other posts. I need to know how to change judges and what papers do we need to file, and when would a court investigator have a duty to investigate the trust and trustee? Thank You
  6. How sad for my nieces and nephews ages 22 - 16 . I realize I have all ready talked about this but I still need advice. I am in no way attached to or part of this estate, my family is, which concerns me. My niece has an attorney that accompanied her to the last court date. today she had a visit with him and he had nothing positive to say. She asked him to petition the court so she may take over the position as trustee, his response was 'It has not been long enough',. The judge asked Maryann for a written plan about how she will replace the roof and take care of the mold and how she will pay for it. He wants it presented to the court a week before the court date which is happening the 21 of Aug. 2017 and if the trustee wants to move forward with her request to sell the last property in the trust that my nieces father specifically stated (in his will) do not sell until the last child is 21 and he is 17 now. This trustee said in her petition to the court to sell the "Arata property" that she had it appraised at $268,000.and now due to extensive damage to the roof and interior from the recent rains it is now currently valued at $190,000. this is a total lie. I do not find any charge in the accounting for this. The average price for this area is $400,000, and this condition of the roof is an existing problem before William the trustor died in 2014. I know this is not my business, my niece is asking me to help. 'How do we get the court investigator involved and change judges?
  7. My fiancé and I are attempting to negotiate with the child support department over unwarranted charges. Anyone familiar with this subject in California? 15 years ago they were part of the district attorney's office. now they say, "they are only a bill collector for the state". and no longer a part of the D.A. Yet still using the privileges from the D A. Do they have authority.
  8. What is the difference between a petition and a motion?
  9. I went to court last week with my niece, Maryann and my sister and Maryann had an attorney with her. This was a good idea. The attorney asked for a continuance and the judge asked the fiduciarys attorney if that was alright and it was, he said looks like she is being nice today WTH. Because they want to sell the last property left in the trust ( which Maryann's father stated in his will, "do not sell the Arata property".) The judge told her to bring him a plan of how she was going to pay for the repairs to the roof and mold, on the Arata property, this is the reason for wanting to sell because they say only $10,000. in cash with an anticipated refund from franchise tax board of $15,000. total $25,000. Fiduciary gave with the account an estimate from a roofer for $25,000. for roof repair. That being said she now has until the middle of Aug. to present a plan on how she will pay for this and who will do the work. This woman is a fraud. She has never came to this property or sent an employee to inspect it. Her responsibility for the welfare of the benf and the propery, also I do not believe there is any home owners insurance. I read something about a homestead if they were dwelling there and they were before the father past. I asked Maryann's attorney " If Maryann decided to sue the fiduciary would he be the one to hire and he said "no ".She asked if he would start the paper work to appoint her trustee and he said she needs a good reason why the present one is no longer wanted and I said there are several and he said wright them down and show were the questionable $$$ are in the account. OK . No problem but it is a lot of work to go through all these court papers. I read there is a court investigator that is available for this reason. I have the phone number, should Maryann call and explain what is going on and the judge his misconduct is criminal. What is the process to change to a new judge a more unbiased one, one with morals and self respect. Thank You for helping and for Your worthy advise I appreciate this very very much.
  10. Would you advise to find an attorney somewhere out of our county, someone not so closely connected or are all attorney's on the same team? Also would someone hire a trust law or probate attorney? Is there a statute of limitations?
  11. I went back to court and talked to a different commissioner and He dropped the fines to a very small amount and allowed me to pay them working community service 30 hours total. I am so very pleased with this out come, thanks for listening.
  12. OK got it, thank you for being clear. Is the trustee obligated to disclose who the underwriter of the bond and bond number is? Also, which court would you petition if you were going to sue the trustee for malfeasance? Probate, civil, criminal? thanks for the worthy advice.
  13. My nieces or nephews, have ever filed that request therefore, notice was not given of any proceedings. Until the fiduciary (trustee) and there attorney received a letter from beneficiary (Maryann) for accounting. This kinda started the ball rolling.Yes to all the above questions.
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