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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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I have brought a Marvin Claim against my partner of 20 years,

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I have brought a Marvin Claim against my partner of 20 years, it has been almost a year. His deposition was taken a week ago and according to my lawyer his answers wouldn't have been any better had she written them for him. When attending the deposition his lawyer served me with papers. We own two houses together, one in Palm Springs and one in San Francisco. He wants to force the sale of the house in Palm Springs, I don't want to sell. The reason I am resisting is because he allowed the SF house to fall into foreclosure and then checked himself into a mental health facility basically leaving me with no way to work with the bank since they wanted both of us involved. The kicker is that there is no financial hardship and the house has equity. I have managed to keep the foreclosed on property from being auctioned and plan on continuing to do that until we reach a settlement through arbitration or we go to trial. His goal with all of this is to have the house that I am living in foreclosed upon and auctioned. Since I also own half of the Palm Springs house I would naturally move there if this house were lost. He thinks that if he can force me to sell the Palm Springs house and the house in Northern California is lost that I will be too overwhelmed to continue pursuing the case against him. What I would like to do is to ask that the case in Riverside County be dismissed since the house in Palm Springs is part of the Marvin Claim filed in Contra Costa County. The Marvin Claim was filed in September of 2012 and his suit to force me to sell was filed March 2013. His claims of financial hardship are not true which is his reason for wanting to force me to agree to a sale. If it is not possible to get the case dismissed then I guess my other best option is to find ways to drag the case out so that our mediation is finished before anything really happens with his case. I can take a page from his play book, we originally requested his deposition in October of 2012 and it took until June of 2013 to get it done. Any advice will be great.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

If the house has been listed as part of the pending suit in Contra Costa, you have a couple of options. One is an outright Motion to Dismiss, explaining that there is a pending suit in another county that is already addressing the issue. The other is a Motion to Stay in the Riverside County case, basically for the same reasons - but you're saying that the case can proceed if for some reason that decision in Contra Costa county doesn't address ownership of the house. If you're asking the judge to order your former partner to assign you his share of that property, then there is the risk of inconsistent verdicts supports the argument that the case in Riverside needs to either be dismissed or stayed.

If your palimony claim doesn't specifically address who will own that property, then your option would be to file a Motion to Consolidate, basically asking the judge to agree to have both cases heard together.

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