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I'm in the process of being defrauded by some disgruntled…

Greetings, I'm in the process of...
Greetings,
I'm in the process of being defrauded by some disgruntled beneficiaries of a trust that aren't appreciative of the gift the were given. Their attorney is leading their coo by submitting tampered evidence in her petition. Any suggestions on how to address this in my response? I'd hate to see this get ignored because of a technicality on my end
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Answered in 2 hours by:
6/30/2018
socrateaser
socrateaser, Lawyer
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Hello,
I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, I am a California licensed real estate broker, and I have comprehensive information about all areas of California and federal law.

If you have proof that evidence submitted to the court is spoiled/tampered with, then you can present that contradictory evidence in your response. For documentary evidence, you can also raise an objection on grounds that the other party's document is "not the best evidence," and violates the "secondary evidence rule" (Cal. Evid. Code § 1521). Your contradictory evidence would raise a "genuine dispute" as to the material terms of the document, and that could cause the judge to exclude the evidence.

In order to object to evidence, as opposed to offering contradictory evidence, you must file an "objections to evidence" pleading separate from any responsive pleading you file, and in that separate pleading state your specific objection and propose an order to disallow the evidence.

Note: Though your question has been sitting unanswered for many hours, please understand that I only visit this website occasionally during the week. If no one else answers a question, then I will generally answer as soon as I review the question. I apologize for any delay, but rest assured that I answered the question immediately after reviewing it for the first time.

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Customer reply replied 1 month ago
This is an amazing response and is greatly appreciated. If I may ask a follow up... I’ve been exhausted of all funds throughout this yearlong ordeal. I could no longer afford an and the person assisting me dropped the ball before finishing my response. It was only last night that I discovered 4 instances of tampered evidence in two petitions I must respond to by next week. Do I have any options of obtaining an extension in order prepare properly. Don’t know how their attourney could risk doing this, or possibly just taking advantage of my positionThank you so much

Thanks for your kind words.

California judges are generally adverse to extensions of time (aka, "continunace of a hearing date"). The courts are too busy to adjust their calendar on the fly. If opposing counsel is willing to stipulate to a continuance, that can help motivate the judge. Ultimately, you can file a request for a continuance, with a request to shorten time for the hearing (typically 5 days), and then hopefully get a quick turnaround on your request. But, you need a clear justification for the request. If you claim that you're not a lawyer and you need more time, the judge will likely deny your request. If you claim that your attorney has abandoned the case without filing a motion to withdraw with the court, then the judge will order the attorney to appear and explain. If you claim that you agreed to allow the attorney to withdraw (by signing Judicial Council Form MC-050, then, here again, the judge will tell you that's not the court's problem, because when you sign that form, you are effectively "firing" the lawyer (even though most lawyers will escape liability by convincing their client that signing the form is the only way to get rid of the lawyer -- when in fact, the lawyer can't withdraw without the court's permission, and if a hearing is too close for the client to find new representation, the judge is likely to order the attorney to represent the client even if he/she can't afford to pay the attorney).

Some courts have local rules concerning the procedure for obtaining a continuance; some judges have their own standing orders concerning a hearing continuance. There is no statewide rule on this issue.

Bot***** *****ne, I wouldn't count on getting a continuance, unless opposing counsel stipulates to it, or your reason is because your lawyer has abandoned your case.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,167
Experience: Retired
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Customer reply replied 1 month ago
Amazingly thorough answers. Any reccomendation of a good lit lawyer in sf Bay Area? I’m going to have to hit up people for a load to get out of this Cheers!

I don't really have any personal recommendations to offer. If you want to represent yourself, I could help you with your pleadings from SoCal. I routinely do this for self-representing clients. But, if you're not comfortable with that, and there's a lot of money at stake, you're probably better off with full-service representation. Anyway, let me know if you're interested. If not, best wishes and thanks again for your kind words and for using Justanswer!

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Customer reply replied 1 month ago
I most certainly would like to hire your remote services.
Case overview: My grandparents made me successor trustee wherein I,m both trustee and remainderman a life estate given to my mother. The trust was underfunded and I’ve been paying all of my mothers obligations of her life estate for the past 14 years. Last year I could no longer affoard keeping up the property. Days after my announcement, I open the door to find a bunch of police outside with my mother making the most outlandish accusations of elder abuse. She’s not mental but was executing a plan to have me thrown out of the house have me imprisoned and my interest in remainderman taken. She obtained an illegal restraining order that the used as a springboard to advance their agenda. I was never arrested. I was never served and had my set aside hearing hijacked by their attourney and postponed until after hers. They through so many outlandish accusations and found a altered version of the trust in her petition as well as withholding distributions of 42k and claimed I took it. Just realized that as this is a life estate and since I provided financials for distributions, I’m thinking that technically her accusations don’t apply? Have I scared you away? :-)
Customer reply replied 1 month ago
I'm sorry to bug you again but have a question that has nee a point of contention... Does a trustee have any jurisdiction over property that was gifted to a life tenant and remainderman "outright and free of trust"? or is then disconnected from trustee involvement?Thanks!

I can't answer your follow-up question without reviewing the trust instrument and the deed to the property (at a minimum). If you want to discuss this offline, I've sent you a premium service offer, which you may accept or decline at your convenience.

Thanks for using Justanswer!

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Please follow the instructions in the offer response. Thanks again for using Justanswer!

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