Title: May 10, 2006
Q. How long does an unlawful detainer lawsuit take once it has been filed?
A. Once the case has been filed, the entire process from start to finish could take anywhere from 30 to 45 days, depending on whether the tenant files an answer to the Unlawful Detainer Complaint. An answer is due within 5 days from the time the complaint is served on the tenant. If the attorney representing the landlord is on top of everything, a Memorandum to set the case for trial is filed with the court immediately after the answer is received and the court will set the case for trial usually within two to three weeks. Once the case is tried, a judgment will be rendered by the court. If the tenant loses the case, he or she will have a short period of time within which to move out, usually one week. If the tenant does not move out in time, the sheriff will post a notice to move out within one week. If the tenant is still not out one week later, the sheriff will escort the tenant out, giving back possession of the unit the landlord. Unlawful detainer actions have priority because of the urgency of the landlord to get back the unit occupied by the tenant. Every day the tenant is in possession costs the landlord money.
Q. Can I be evicted for having another family member reside in my apartment when the manager is aware of the additional person?
A It depends on your lease agreement. If the lease agreement does not mention how many people are to live in the premises, then it does not matter how many people live there. If the lease agreement specifies how many persons are to reside on the premises, but it is not enforced, just make sure that you obey all rules and regulations and the additional person might not be a bother to the landlord. Although the manager is aware of the additional person, if this person does not cause any problems or conflicts, an eviction should not be feared. However, if the present manager is removed and another manager takes his place, then beware. The safe thing to do is to get formal permission from the landlord to have that additional family member living on your premises. The lease could be reformed, or that family member could simply be added to the existing lease.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
Showing posts with label long jury trial. Show all posts
Showing posts with label long jury trial. Show all posts
Monday, March 23, 2009
Monday, March 16, 2009
Legal Eaze #40 attorney fees, child support, probate, lost a long trial
Title: February 8, 2006
Q. I just went through a divorce and the attorney’s fees were very costly. I am wondering if the attorney’s fees are tax deductible?
A. Generally, attorney fees and other costs paid in connection with a Dissolution of marriage are nondeductible. There are several exceptions such as attorney fees incurred specifically for production of income, such as spousal support issues in the case, tax advice and preservation of title to a capital asset, such as land, buildings and machinery. Attorney’s fees related to child custody and child support are nondeductible. Your attorney needs to make sure that accurate billing records are kept which allocates the services and expenses into those which may have a tax benefit to the client from those which are purely personal.
Q. Do I have to support my children through college?
A You are obligated to support your children until they are either 18 years old and graduated from high school, or when they turn 19 years old. You do not have to support your children through college, unless you want to.
Q. Does my estate need to be probated if it is worth less than $100,000?
A. No. An estate must reach the threshold amount of $100,000 to require that it be probated. There is an administration procedure sanctioned by the Court for estates worth less than $100,000, which is a very efficient way to have your assets pass to your heirs. However, you must have a will drafted. Otherwise, your assets will pass to persons you may not want to leave anything to, but according to the laws of the California. Nightmarish outcomes have been reached through California intestate laws. Make very sure you have a will spelling out your last wishes with regards to your assets. That way, the state cannot decide who your assets will go to.
Q. I have lost a long jury trial. I want to appeal. What now?
A. Even though you are angry and disappointed, some basic knowledge about the appellate process is necessary before you decide to appeal all the way to the Supreme Court. An appeal is not a retrial. You cannot call witnesses or present testimony. The Court of Appeal is not deciding your case on its merits. It will look for legal error in the trial below. That error may be one committed by the court, the jury, or even opposing counsel. To justify reversal, the error must be prejudicial and result in a miscarriage of justice. Of course, errors often occur during a trial; no trial is perfect. You must show that the error is so significant that it is more likely than not it affected the outcome of the case.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
Q. I just went through a divorce and the attorney’s fees were very costly. I am wondering if the attorney’s fees are tax deductible?
A. Generally, attorney fees and other costs paid in connection with a Dissolution of marriage are nondeductible. There are several exceptions such as attorney fees incurred specifically for production of income, such as spousal support issues in the case, tax advice and preservation of title to a capital asset, such as land, buildings and machinery. Attorney’s fees related to child custody and child support are nondeductible. Your attorney needs to make sure that accurate billing records are kept which allocates the services and expenses into those which may have a tax benefit to the client from those which are purely personal.
Q. Do I have to support my children through college?
A You are obligated to support your children until they are either 18 years old and graduated from high school, or when they turn 19 years old. You do not have to support your children through college, unless you want to.
Q. Does my estate need to be probated if it is worth less than $100,000?
A. No. An estate must reach the threshold amount of $100,000 to require that it be probated. There is an administration procedure sanctioned by the Court for estates worth less than $100,000, which is a very efficient way to have your assets pass to your heirs. However, you must have a will drafted. Otherwise, your assets will pass to persons you may not want to leave anything to, but according to the laws of the California. Nightmarish outcomes have been reached through California intestate laws. Make very sure you have a will spelling out your last wishes with regards to your assets. That way, the state cannot decide who your assets will go to.
Q. I have lost a long jury trial. I want to appeal. What now?
A. Even though you are angry and disappointed, some basic knowledge about the appellate process is necessary before you decide to appeal all the way to the Supreme Court. An appeal is not a retrial. You cannot call witnesses or present testimony. The Court of Appeal is not deciding your case on its merits. It will look for legal error in the trial below. That error may be one committed by the court, the jury, or even opposing counsel. To justify reversal, the error must be prejudicial and result in a miscarriage of justice. Of course, errors often occur during a trial; no trial is perfect. You must show that the error is so significant that it is more likely than not it affected the outcome of the case.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
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