I have a business dispute between my dad and my uncle. My
I have a business dispute between my dad and my uncle. My dad has his name on all the paper work as a sale proprietor including municipal license and business bank account. But at the very beginning, my uncle sign a notarize contract with the last business owner even though the money to but the business was my dad's money. So, is my dad legally the rightful owner of the business no matter what my uncle did?
The situation is that a legal representative of the
the situation is that a legal representative of the Insurance company seems to think that the plaintiffscounsel can have the court refile against me and therefor the Estate at any time, even if this goes to trial on the 12th of Sept 2016.Can they file against the estate on the trial date or just befor? Believe me, this is not a Million dollar anything. She has not seen her doctor for a year, goes to an unlisenced chiopractor.I live in a condo with my two dogs and a cat. I am a retired Adjunct Professor of Law and the property consists of the Condo which has a Homestead and a joint tenant on the deed.
I am a widow living in California. My husband was under
I am a widow living in California.My husband was under medication for cardio vascular and stroke. He could not take the opiates so was advised to take a drink to stop the Parkinson shakes.Got into an accident and injured someone. She has recovered 90% to a hundred %.We had $250,000 in coverageHer lawyer filed the complaint under another defendants name twice, and has dragged his contention that this is a million dollar case...Now I find out that the suit was against my husband only Not me as responcible spouse and the estate. This has gone on for THREE years. I have voluntarily submitted financials. Never been deposed nor answered interogitories.The trial is set for Sept 12th 2016.WHAT IS THE POSSIBILITY OF the statute of limits on this? Estopple?Sheila Dickinson
Can someone accept service for someone else? I have two
Can someone accept service for someone else? I have two business partners that are also the trustees of my family trust to serve and one of them is out if town, I've been told that the one in town will probably accept service for the other but is that legally binding?
I have been attempting to resolve a legal issue that is
For LegaleaseI have been attempting to resolve a legal issue that is outlined in the Background attached hereto. Previously I discussed the issue with Law Educator and I am happy with the info he provided. However, I would like a second opinion regards ***** ***** of issues, and I have a couple of additional questions as follows (details of the case are provided in the Background and additional attachments):1) As noted in the background, I have been unable to perform personal service. I have filed the attached OSC twice and both times, the Court date came without success of personal service. Both times I requested to be able to perform substitute service and both times the Court ruled that this is criminal contempt and must be personally served. I am about to file this OSC again for the third time and I am considering requesting a ruling that this be treated as civil contempt, which is, as I understand, within the discretion of the Court. As a civil contempt, substitute service becomes possible under CCP 415. However, Law Educator states that a Default judgement would limit the judges ability to enforce and he suggests that I should hire a private investigator.(1) Do you agree that personal service is important to subsequent enforcement? Based on my limited experience, a good result for me would be a Court Order that money be paid. A court would not collect, so I would have to take collection action anyway. That would include recording an abstract of judgement against defendants assets and/or attachment of income. How does that change with respect to personal vs. substitute service?(2) Another apparent disadvantage to criminal contempt is defendant protections like burden of proof beyond a reasonable doubt, and double jeopardy. This case has already been before a judge 9 times since 2014, and several more times since 2004. On at least 2 occasions the case was dismissed due to technicalities. My guess is that the double jeopardy clause might have prevented re-filing as a result. The main issue for me in this case is the return of the money - not any punitive action. As a result, I see a significant advantage to me for this to be handled as civil contempt. Law Educator states that it is a reasonable request to make to the judge to treat this as civil vs. criminal contempt. Do you agree? Do you have anything to add?(3) What is the best way to advance the request for civil contempt? As I understand, the decision for civil vs. criminal is based on the relief sought by the petitioner. One non-notable source states "civil contempt sanctions aim to either: (1) restore the rights of the party who was wronged by the failure to satisfy the court's order; or (2) simply move an underlying proceeding along. Civil contempt sanctions typically end when the party in contempt complies with the court order, or when the underlying case is resolved", whereas criminal penalties are punitive. As such, I could simply re-write ATTACHMENT 8D-2016-4-2, REMEDY, on page 11, line 6-7 to state: "Clarke requests that the Court find Ashton guilty of contempt...". And, remove Item 2, punitive sanction. Is Item 1 regards ***** ***** for 10% interest ok or would that be considered punitive? Do you have any other suggestions on how to make the case for civil contempt for this new filing?
Attorney At Law
Doctor of Law w/ highest honors
I had a house and sold it about 3 years ago a sale by owner.
I had a house and sold it about 3 years ago a sale by owner. The new owner is now trying to sell the property and discovered there's a lien on the property. The lien is for solar panels that I had installed on the house by a contractor 1n 1985 and never paid for it because I disputed the installation and efficiency they had promised. I never heard from them after that. I had forgotten about that since I had paid off the house and received the deed and didn't think there was a lien on it. The new owners' real estate agent checked the title status with a title company and they discovered that the lien was placed on the property in 1985. They sent me a copy and I've tried to find the company's address or phone number and found neither. It's been over 30 years. They seem to be out of business. What can I do to remove the lien?
I was asked to sign documents by my husband for his father.
Hello, I was asked to sign documents by my husband for his father. When we got to the bank he pulled out the papers for us to sign and get notarized. However, I made the mistake of never reading what was in them. After, I asked my husband for a copy for about two months and he kept refusing so I got a laqyer involved. When we got the paper work, we were not convinced that was what I signed. They also insited that the paper is public records, however I have been unable to find it on public records. How would I go about that? Should I get my lawyer to dig for me? Or is there a specific website I can go to?
I am helping my sister subdivide a parcel in Riverside
I am helping my sister subdivide a parcel in Riverside county, Ca. The APN is ************. When my sister bought the property in 2010 she was using her married last name, she is no longer legally married and now uses her maiden name. I contacted a well known title company here in California to obtain a "subdivision guarantee" along with an updated title report and scedule B documents. The title company has told us that if my sister plans to keep the new subdivided lots in her name and if she is now using her maiden name (she is, as I mentioned above) then a document is needed and we need the assistance of a real estate attorney. I want to know if that is in fact true or can my sister fill out the form herself?Here is the a portion of the email from the title company:_________________________________________________________I see the last deed of record is where she took title as Diana *********, a married woman as her sole and separate property, which is what our title report will reflect at this time.If this is no longer the case, and if she is to sign the map with her maiden name, steps will need to be taken to correct this.Does Michelle have an attorney that can assist in getting a document drawn and executed for the name change purpose?___________________________________________________I am attaching the document (its not on letterhead or anything that looks official) I got this document from title company, I need to know if I have to use an attorney? Can my sister fill out herself, maybe through notary?