Sample Heggstad petition for CaliforniaLegalDocsPro
This sample Heggstad Petition for California is used to request a Court order that all property described in a revocable living trust is trust property. The petition can be used in the right situations to avoid probate in California and was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. The sample is based on the California Court of Appeal case known as the Estate of Heggstad.
Sample stipulations and orders for californiaLegalDocsPro
This sample stipulations and orders for California contains nine (9) separate stipulations and orders (1) stipulation and order to vacate a default and default judgment, (2) stipulation and order to continue trial date and discovery cutoff dates, (3) stipulation and order for extension of time to plead, (4) stipulation and order for leave to file first amended complaint and for reclassification of case to unlimited civil jurisdiction (5) stipulation and order for leave to file cross-complaint, (6) stipulation and order for leave to file first amended answer, (7) stipulation and order to amend judgment, (8) stipulation and order to continue hearing date on motion and (9) stipulation and order to extend mediation completion date and continue post-mediation status conference. The sample on which this preview is based is 30 pages and includes brief instructions. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Sample meet and confer declaration for motion to strike in California LegalDocsPro
This sample meet and confer declaration for a motion to strike in California is filed under Code of Civil Procedure § 435.5(a) to demonstrate compliance with the new meet and confer requirements before a motion to strike can be filed that became effective on January 1, 2018. The sample is 5 pages and includes brief instructions, sample wording and a proof of service by mail. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This petition requests that the court confirm:
1) The validity of the Robert L. Smith Revocable Trust dated May 25, 2001.
2) That Bob Smith is the successor trustee of the trust.
3) That real property located at 1234 Main Street, Riverside, California is an asset of the trust to be administered by the successor trustee according to the terms of the trust.
Sample meet and confer declaration for motion for judgment on the pleadings i...LegalDocsPro
This document is a declaration regarding compliance with meet and confer requirements before filing a motion for judgment on the pleadings, as required by Section 439(a) of the California Code of Civil Procedure. It states that the declarant attempted to meet and confer with the opposing party/counsel to resolve objections to be raised in the motion, but an agreement could not be reached. It then declares under penalty of perjury that the requirements were complied with.
Sample California motion for summary judgment in unlawful detainer (eviction)LegalDocsPro
This sample motion for summary judgment in an unlawful detainer (eviction) case is designed for use by a tenant who contends summary judgment should be granted on the grounds that the plaintiff cannot establish an element of a cause of action for unlawful detainer, and that they have established affirmative defenses to the complaint. The sample on which this preview is based is 19 pages and includes brief instructions, a memorandum of points and authorities which lists over 10 affirmative defenses to choose from, a proposed order and proof of service by mail.
Sample California demurrer to complaint for breach of contractLegalDocsPro
This document is a notice of demurrer and demurrer to a complaint filed by a defendant. It summarizes that the defendant is demurring to the first, second, third, fourth, fifth and sixth causes of action in the plaintiff's complaint. The defendant argues that the first, third and fifth causes of action for breach of contract fail to state whether the alleged contracts are written, oral, or implied. The defendant also argues that the breach of contract causes of action fail to state sufficient facts or attach the alleged contracts. The defendant requests that the demurrer be granted in its entirety.
Sample Heggstad petition for CaliforniaLegalDocsPro
This sample Heggstad Petition for California is used to request a Court order that all property described in a revocable living trust is trust property. The petition can be used in the right situations to avoid probate in California and was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. The sample is based on the California Court of Appeal case known as the Estate of Heggstad.
Sample stipulations and orders for californiaLegalDocsPro
This sample stipulations and orders for California contains nine (9) separate stipulations and orders (1) stipulation and order to vacate a default and default judgment, (2) stipulation and order to continue trial date and discovery cutoff dates, (3) stipulation and order for extension of time to plead, (4) stipulation and order for leave to file first amended complaint and for reclassification of case to unlimited civil jurisdiction (5) stipulation and order for leave to file cross-complaint, (6) stipulation and order for leave to file first amended answer, (7) stipulation and order to amend judgment, (8) stipulation and order to continue hearing date on motion and (9) stipulation and order to extend mediation completion date and continue post-mediation status conference. The sample on which this preview is based is 30 pages and includes brief instructions. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Sample meet and confer declaration for motion to strike in California LegalDocsPro
This sample meet and confer declaration for a motion to strike in California is filed under Code of Civil Procedure § 435.5(a) to demonstrate compliance with the new meet and confer requirements before a motion to strike can be filed that became effective on January 1, 2018. The sample is 5 pages and includes brief instructions, sample wording and a proof of service by mail. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This petition requests that the court confirm:
1) The validity of the Robert L. Smith Revocable Trust dated May 25, 2001.
2) That Bob Smith is the successor trustee of the trust.
3) That real property located at 1234 Main Street, Riverside, California is an asset of the trust to be administered by the successor trustee according to the terms of the trust.
Sample meet and confer declaration for motion for judgment on the pleadings i...LegalDocsPro
This document is a declaration regarding compliance with meet and confer requirements before filing a motion for judgment on the pleadings, as required by Section 439(a) of the California Code of Civil Procedure. It states that the declarant attempted to meet and confer with the opposing party/counsel to resolve objections to be raised in the motion, but an agreement could not be reached. It then declares under penalty of perjury that the requirements were complied with.
Sample California motion for summary judgment in unlawful detainer (eviction)LegalDocsPro
This sample motion for summary judgment in an unlawful detainer (eviction) case is designed for use by a tenant who contends summary judgment should be granted on the grounds that the plaintiff cannot establish an element of a cause of action for unlawful detainer, and that they have established affirmative defenses to the complaint. The sample on which this preview is based is 19 pages and includes brief instructions, a memorandum of points and authorities which lists over 10 affirmative defenses to choose from, a proposed order and proof of service by mail.
Sample California demurrer to complaint for breach of contractLegalDocsPro
This document is a notice of demurrer and demurrer to a complaint filed by a defendant. It summarizes that the defendant is demurring to the first, second, third, fourth, fifth and sixth causes of action in the plaintiff's complaint. The defendant argues that the first, third and fifth causes of action for breach of contract fail to state whether the alleged contracts are written, oral, or implied. The defendant also argues that the breach of contract causes of action fail to state sufficient facts or attach the alleged contracts. The defendant requests that the demurrer be granted in its entirety.
Sample motion for summary judgment by defendant in CaliforniaLegalDocsPro
This sample motion for summary judgment by a defendant in California is filed under Code of Civil Procedure section 437c on the grounds that summary judgment should be granted as no triable issue of material fact exists in that the plaintiff cannot establish a required element of a cause or causes of action, or that a complete defense to a cause or causes of action exists. The sample on which this preview is based is 18 pages and includes brief instructions, a table and contents and table of authorities with an opening summary of argument, memorandum of points and authorities with citations to case law and statutory authority, separate statement of undisputed material facts, sample declaration, proposed order and proof of service.
Sample California motion to compel further responses to special interrogatoriesLegalDocsPro
This sample California motion to compel further responses to special interrogatories is made pursuant to Code of Civil Procedure Section 2030.300 and is used when a party has served special interrogatories but the responses received are evasive or incomplete, or the objections are without merit or are too general. The sample could easily be modified to apply to form interrogatories as well. The sample on which this preview is based is 30 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a separate statement as required by Rule of Court 3.1345, a sample declaration and a proof of service by mail.
Sample California motion to vacate order of dismissalLegalDocsPro
This sample motion to vacate order of dismissal in California is made under Code of Civil Procedure section 473 on the grounds that the order of dismissal was taken against the moving party through their mistake and inadvertence. The sample on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declarations and a proof of service by mail.
Sample California complaint to vacate judgmentLegalDocsPro
This sample California complaint to set aside and vacate a judgment is a collateral attack on a judgment also known as an independent action in equity to vacate a judgment. The sample on which this preview is based is 7 pages and contains brief instructions and two causes of action (1) to set aside and vacate the judgment on the grounds of lack of personal jurisdiction due to defective and invalid service of process, and (2) to set aside and vacate the judgment on the grounds that it was procured through extrinsic fraud or mistake.
Sample California complaint for breach of contract and common countsLegalDocsPro
This sample California complaint for breach of contract also includes causes of action for common counts including open book account, account stated and goods sold and delivered. The sample on which this preview is based is 6 pages and includes brief instructions. The sample document is sold on scribd.com by LegalDocsPro.
Sample California motion for protective order regarding interrogatories LegalDocsPro
This document is a notice of motion for a protective order regarding a set of interrogatories in a legal case. It gives notice that a party will move for a protective order on the grounds that the interrogatories exceed the limit of 35 without required declaration and some interrogatories are unduly burdensome. It also moves for monetary sanctions for failure to meet and confer in good faith to resolve the issues. The motion is made under relevant code sections and requests the protective order and sanctions be granted based on the notice, attached memorandum and declaration, and evidence presented at hearing.
Sample California meet and confer letter LegalDocsPro
This sample meet and confer letter for California is used when a party has not received any responses to their discovery requests and wants to meet and confer with the other party before filing any motion to compel. The sample can be modified for use in many situations.
Sample ex parte application for osc for civil contempt in CaliforniaLegalDocsPro
This sample ex parte application for Order to Show Cause for Contempt in California is filed pursuant to Code of Civil Procedure section 1209, et seq., on the grounds that a party has willfully disobeyed an order of the Court, or has otherwise committed indirect contempt. The sample ex parte application also requests the reasonable attorney’s fees and costs incurred with commencing the contempt proceeding pursuant to Code of Civil Procedure section 1218(a). The sample on which this preview is based is 19 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, sample declaration regarding ex parte notice, proposed order to show cause, and proposed order re: contempt. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty of success is provided.
Sample California complaint for assault and batteryLegalDocsPro
This sample California complaint for assault and battery also includes a cause of action for intentional infliction of emotional distress. The sample could be modified to add other causes of action as well. This is a preview of the sample complaint sold by LegalDocsPro.
Sample opposition to demurrer for californiaLegalDocsPro
This sample opposition to demurrer for California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Sample collection of meet and confer letters for discovery in californiaLegalDocsPro
This letter identifies deficiencies in a party's responses to discovery requests and meets and confers regarding a motion to compel further responses and testimony at a deposition. Specifically, it notes boilerplate objections that do not comply with the code, objections to interrogatories that involve a single subject, and a party's blanket refusal to answer deposition questions or provide documents using a privilege claim. The letter provides citations and encourages resolving the issues without judicial intervention.
Sample motion to compel deposition subpoena in californiaLegalDocsPro
This sample motion to compel compliance with a deposition subpoena in California can be used when a party has served a deposition subpoena for production of business records on a NON-PARTY to the action pursuant to Code of Civil Procedure Section 2020.510 and requested both their attendance at the deposition and production of documents and they failed to appear for the deposition. This sample motion is made pursuant to Code of Civil Procedure Section 2025.450 and requests that the court compel the non-party deponent to appear for deposition and produce the documents requested in the deposition subpoena for production of business records. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample meet and confer declaration and proof of service.
Sample demand for physical examination in californiaLegalDocsPro
This sample demand for physical examination in California is used by a defendant that has been sued by a plaintiff in a personal injury case. The demand is served under the provisions of Code of Civil Procedure section 2032.220. The sample contains brief instructions and can be easily modified. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample opposition to motion for new trial in United States District CourtLegalDocsPro
This sample opposition to a motion for a new trial in United States District Court is filed on the grounds that (1) the motion is untimely pursuant to Federal Rule of Civil Procedure 59(b) in that it was filed more than 28 days after entry of judgment, the moving party has failed to meet their burden of showing that (2) the verdict is contrary to the clear weight of the evidence, (3) is based upon false or perjurious evidence, (4) a new trial is necessary to prevent a miscarriage of justice and (5) newly discovered evidence that could not have been discovered earlier with due diligence and the newly discovered evidence is of such magnitude that production of it earlier would likely have changed the outcome of the case. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California motion for change of venue LegalDocsPro
This document is a notice of motion and motion for change of venue filed in a California Superior Court. It states that the defendant resides in a different county than where the lawsuit was filed. The defendant argues that venue is improper and moves to transfer the case to the county of their residence. It provides statements of facts about the parties and case, and legal arguments citing California code sections that allow for a change of venue when the defendant resides in a different county. It requests that the court order the transfer of venue and require the plaintiff to pay costs associated with the transfer.
Sample stipulation and order for californiaLegalDocsPro
This sample stipulation and order for California is used when the parties wish to stipulate, and have the Court make an order based on their stipulation.
Sample motion for cost of proof sanctions in CaliforniaLegalDocsPro
This sample motion for cost of proof sanctions is filed under Code of Civil Procedure section 2033.420(a) on the grounds that the other party denied the truth of certain matters specified in requests for admission and the moving party proved the truth of said matters at the trial. The motion requests sanctions including attorney's fees and all other costs associated with proving the truth of the matters that were denied by the other party. The sample on which this preview is based includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.
Sample ex parte application for TRO and preliminary injunction in United Stat...LegalDocsPro
This sample ex parte application for temporary restraining order in United States District Court also requests the issuance of a preliminary injunction pending the trial pursuant to Federal Rule of Civil Procedure 65(a) and (b) on the grounds that the plaintiff has suffered and will continue to suffer, substantial irreparable harm if injunctive relief is not granted. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California motion for leave to amend pleadingLegalDocsPro
This sample motion for leave to amend is made pursuant to sections 473(a) and 576 of the Code of Civil Procedure and can be used to request leave to amend an answer, complaint or cross-complaint. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities, a sample declaration and a proof of service by mail.
This sample declaration for California can be modified for use in any case in California. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
The Estate of Elizabeth Haynes Urquhart vs. American Regional_ Earl R. Davis ...Earl R. Davis
This turnover action is untimely because Elizabeth Urquhart died in 2005. The statute of
limitations in a discovery or turnover proceeding is governed by the CPLR. See SCPA § 102 (“The
CPLR and other laws applicable to practice and procedure apply in the surrogate’s court except
where other procedure is provided by this act.”). A proceeding “commenced pursuant to SCPA §
2103 has been likened to a replevin action, which has a statute of limitations of three years.” If you are interested to know about the case, get in touch with Earl R. Davis.
1. Judgment Creditors KPC filed a motion to appoint a receiver to enforce a $2.1 million judgment against Judgment Debtor Stephen Gaggero and his alter ego entities.
2. Gaggero has avoided paying the judgment by transferring his assets to various entities, trusts, and a foundation through an asset protection plan, even though he retains control over the assets.
3. KPC argues that the court has authority to appoint a receiver under the Code of Civil Procedure to enforce the judgment and that a receiver is necessary because Gaggero and his counsel have obstructed and delayed KPC's collection efforts for years.
Sample motion for summary judgment by defendant in CaliforniaLegalDocsPro
This sample motion for summary judgment by a defendant in California is filed under Code of Civil Procedure section 437c on the grounds that summary judgment should be granted as no triable issue of material fact exists in that the plaintiff cannot establish a required element of a cause or causes of action, or that a complete defense to a cause or causes of action exists. The sample on which this preview is based is 18 pages and includes brief instructions, a table and contents and table of authorities with an opening summary of argument, memorandum of points and authorities with citations to case law and statutory authority, separate statement of undisputed material facts, sample declaration, proposed order and proof of service.
Sample California motion to compel further responses to special interrogatoriesLegalDocsPro
This sample California motion to compel further responses to special interrogatories is made pursuant to Code of Civil Procedure Section 2030.300 and is used when a party has served special interrogatories but the responses received are evasive or incomplete, or the objections are without merit or are too general. The sample could easily be modified to apply to form interrogatories as well. The sample on which this preview is based is 30 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a separate statement as required by Rule of Court 3.1345, a sample declaration and a proof of service by mail.
Sample California motion to vacate order of dismissalLegalDocsPro
This sample motion to vacate order of dismissal in California is made under Code of Civil Procedure section 473 on the grounds that the order of dismissal was taken against the moving party through their mistake and inadvertence. The sample on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declarations and a proof of service by mail.
Sample California complaint to vacate judgmentLegalDocsPro
This sample California complaint to set aside and vacate a judgment is a collateral attack on a judgment also known as an independent action in equity to vacate a judgment. The sample on which this preview is based is 7 pages and contains brief instructions and two causes of action (1) to set aside and vacate the judgment on the grounds of lack of personal jurisdiction due to defective and invalid service of process, and (2) to set aside and vacate the judgment on the grounds that it was procured through extrinsic fraud or mistake.
Sample California complaint for breach of contract and common countsLegalDocsPro
This sample California complaint for breach of contract also includes causes of action for common counts including open book account, account stated and goods sold and delivered. The sample on which this preview is based is 6 pages and includes brief instructions. The sample document is sold on scribd.com by LegalDocsPro.
Sample California motion for protective order regarding interrogatories LegalDocsPro
This document is a notice of motion for a protective order regarding a set of interrogatories in a legal case. It gives notice that a party will move for a protective order on the grounds that the interrogatories exceed the limit of 35 without required declaration and some interrogatories are unduly burdensome. It also moves for monetary sanctions for failure to meet and confer in good faith to resolve the issues. The motion is made under relevant code sections and requests the protective order and sanctions be granted based on the notice, attached memorandum and declaration, and evidence presented at hearing.
Sample California meet and confer letter LegalDocsPro
This sample meet and confer letter for California is used when a party has not received any responses to their discovery requests and wants to meet and confer with the other party before filing any motion to compel. The sample can be modified for use in many situations.
Sample ex parte application for osc for civil contempt in CaliforniaLegalDocsPro
This sample ex parte application for Order to Show Cause for Contempt in California is filed pursuant to Code of Civil Procedure section 1209, et seq., on the grounds that a party has willfully disobeyed an order of the Court, or has otherwise committed indirect contempt. The sample ex parte application also requests the reasonable attorney’s fees and costs incurred with commencing the contempt proceeding pursuant to Code of Civil Procedure section 1218(a). The sample on which this preview is based is 19 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, sample declaration regarding ex parte notice, proposed order to show cause, and proposed order re: contempt. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty of success is provided.
Sample California complaint for assault and batteryLegalDocsPro
This sample California complaint for assault and battery also includes a cause of action for intentional infliction of emotional distress. The sample could be modified to add other causes of action as well. This is a preview of the sample complaint sold by LegalDocsPro.
Sample opposition to demurrer for californiaLegalDocsPro
This sample opposition to demurrer for California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Sample collection of meet and confer letters for discovery in californiaLegalDocsPro
This letter identifies deficiencies in a party's responses to discovery requests and meets and confers regarding a motion to compel further responses and testimony at a deposition. Specifically, it notes boilerplate objections that do not comply with the code, objections to interrogatories that involve a single subject, and a party's blanket refusal to answer deposition questions or provide documents using a privilege claim. The letter provides citations and encourages resolving the issues without judicial intervention.
Sample motion to compel deposition subpoena in californiaLegalDocsPro
This sample motion to compel compliance with a deposition subpoena in California can be used when a party has served a deposition subpoena for production of business records on a NON-PARTY to the action pursuant to Code of Civil Procedure Section 2020.510 and requested both their attendance at the deposition and production of documents and they failed to appear for the deposition. This sample motion is made pursuant to Code of Civil Procedure Section 2025.450 and requests that the court compel the non-party deponent to appear for deposition and produce the documents requested in the deposition subpoena for production of business records. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample meet and confer declaration and proof of service.
Sample demand for physical examination in californiaLegalDocsPro
This sample demand for physical examination in California is used by a defendant that has been sued by a plaintiff in a personal injury case. The demand is served under the provisions of Code of Civil Procedure section 2032.220. The sample contains brief instructions and can be easily modified. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample opposition to motion for new trial in United States District CourtLegalDocsPro
This sample opposition to a motion for a new trial in United States District Court is filed on the grounds that (1) the motion is untimely pursuant to Federal Rule of Civil Procedure 59(b) in that it was filed more than 28 days after entry of judgment, the moving party has failed to meet their burden of showing that (2) the verdict is contrary to the clear weight of the evidence, (3) is based upon false or perjurious evidence, (4) a new trial is necessary to prevent a miscarriage of justice and (5) newly discovered evidence that could not have been discovered earlier with due diligence and the newly discovered evidence is of such magnitude that production of it earlier would likely have changed the outcome of the case. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California motion for change of venue LegalDocsPro
This document is a notice of motion and motion for change of venue filed in a California Superior Court. It states that the defendant resides in a different county than where the lawsuit was filed. The defendant argues that venue is improper and moves to transfer the case to the county of their residence. It provides statements of facts about the parties and case, and legal arguments citing California code sections that allow for a change of venue when the defendant resides in a different county. It requests that the court order the transfer of venue and require the plaintiff to pay costs associated with the transfer.
Sample stipulation and order for californiaLegalDocsPro
This sample stipulation and order for California is used when the parties wish to stipulate, and have the Court make an order based on their stipulation.
Sample motion for cost of proof sanctions in CaliforniaLegalDocsPro
This sample motion for cost of proof sanctions is filed under Code of Civil Procedure section 2033.420(a) on the grounds that the other party denied the truth of certain matters specified in requests for admission and the moving party proved the truth of said matters at the trial. The motion requests sanctions including attorney's fees and all other costs associated with proving the truth of the matters that were denied by the other party. The sample on which this preview is based includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.
Sample ex parte application for TRO and preliminary injunction in United Stat...LegalDocsPro
This sample ex parte application for temporary restraining order in United States District Court also requests the issuance of a preliminary injunction pending the trial pursuant to Federal Rule of Civil Procedure 65(a) and (b) on the grounds that the plaintiff has suffered and will continue to suffer, substantial irreparable harm if injunctive relief is not granted. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California motion for leave to amend pleadingLegalDocsPro
This sample motion for leave to amend is made pursuant to sections 473(a) and 576 of the Code of Civil Procedure and can be used to request leave to amend an answer, complaint or cross-complaint. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities, a sample declaration and a proof of service by mail.
This sample declaration for California can be modified for use in any case in California. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
The Estate of Elizabeth Haynes Urquhart vs. American Regional_ Earl R. Davis ...Earl R. Davis
This turnover action is untimely because Elizabeth Urquhart died in 2005. The statute of
limitations in a discovery or turnover proceeding is governed by the CPLR. See SCPA § 102 (“The
CPLR and other laws applicable to practice and procedure apply in the surrogate’s court except
where other procedure is provided by this act.”). A proceeding “commenced pursuant to SCPA §
2103 has been likened to a replevin action, which has a statute of limitations of three years.” If you are interested to know about the case, get in touch with Earl R. Davis.
1. Judgment Creditors KPC filed a motion to appoint a receiver to enforce a $2.1 million judgment against Judgment Debtor Stephen Gaggero and his alter ego entities.
2. Gaggero has avoided paying the judgment by transferring his assets to various entities, trusts, and a foundation through an asset protection plan, even though he retains control over the assets.
3. KPC argues that the court has authority to appoint a receiver under the Code of Civil Procedure to enforce the judgment and that a receiver is necessary because Gaggero and his counsel have obstructed and delayed KPC's collection efforts for years.
San Diego attorney Scott McMillan sued Darren Chaker to remove public records about McMillan's being named in a child molestation investigation. The report is contained as an exhibit in San Diego Superior Court Case No. 37-2017-00036344-CU-NP-CTL and can also be seen on this profile.
Nonetheless, Scott McMillan San Diego attorney suffered a miserable loss in San Diego federal court, then appealed the loss to the Ninth Circuit. San Diego attorney Scott McMillan also filed an identical lawsuit in San Diego Superior Court, Case No. 37-2017-00036344-CU-NP-CTL. As expected, the Ninth Circuit found the lawsuit against Darren Chaker was meritless.
Now, San Diego attorney Scott McMillan is facing two anti-SLAPP motions in San Diego Superior Court and of course the inevitable embarrassment of losing his case, which is almost as bad as Scott McMillan having been sued twice recently for fraud and legal malpractice.
When Plaintiff Offers for Defendants to Validate Plaintiff's "Lease" and "Cas...jamesmaredmond
This supplemental declaration was submitted by David Chatfield, an attorney representing Sulphur Mountain Land and Livestock Co. LLC, in opposition to a motion to compel further deposition of Stephen Gaggero. Chatfield states that he previously offered to show opposing counsel a document establishing Sulphur Mountain's right to lease the premises in question, without copying it, but received no response. Chatfield offered again by letter on August 26th and again received no response. The declaration aims to show Chatfield attempted to resolve the issue without further court action.
This document is a motion for a stay of the mandate pending a petition for certiorari to the Supreme Court. It was filed by Howard K. Stern on behalf of Vickie Lynn Marshall's estate following the 9th Circuit's denial of rehearing. The motion argues that substantial questions will be presented in the cert petition regarding the scope of bankruptcy courts' power over compulsory counterclaims. It contends the 9th Circuit's new test conflicts with other circuits and Supreme Court precedent. The declaration also asserts the petition raises important issues of bankruptcy practice that require uniformity.
EKEJIJA- NVC FUND-SEC SETTLEMENT SOLUTION
CASE: 2:20-cv-08985-ODW-DFM
Case No.: 2:20-cv-08985-FWS-DFM
Dear John F. Libby,
As requested by Judge Fred W. Slaughter, the undersigned, frank-ojogwa: Ekejija, comes now to submit in good faith for your favorable consideration a graceful workable solution to settle and resolve the above-referenced egregious case (the “Case”), according to the requirement of Rule 1 of the Federal Rules of Civil Procedure (“FRCP”), that “all civil actions and proceedings in the United States district courts … be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”
The purpose of my proposal is to achieve the complete, final, fair, and equitable resolution of all of the financial, civil rights, and reputational damages and other civil claims I am holding against the U.S. Securities and Exchange Commission, an agency of the federal government (the “SEC”), arising out of and suffered in connection with the extreme quantifiable and unquantifiable economic and wrongs, injuries, damages, defamations, prejudices, and injustices done to our companies and me, by the SEC’s egregious, willful, wrongful, meritless, reckless, abusive, and vindictive crusade, undertaken under color of law and constitutes a gross breach of fidelity, over the past 11 years. That the SEC persisted in misusing and abusing its government authority, compounding these many wrongs long after it knew or should have known that its allegations were meritless, and the resulting compounding of its wrongful behavior, and that such conduct exposed the SEC and the federal government to ridicules, substantial financial and other liability, makes the situation even more outrageous.
Notwithstanding the foregoing, I am willing to settle and resolve this matter upon the terms and conditions summarized below. You will see that my proposal satisfies each of the requirements of FRCP Rule 1. Indeed, I am proposing to achieve the intended result by underwriting the financial elements of my claims out of our assets and at no cost to the government. Moreover, the structure and mechanisms of this proposal are eminently fair and reasonable by design and within your authority as a federal judge to implement.
This appeal involves post-judgment orders from a legal malpractice case brought by Sulphur Mountain Land and Livestock Co., Malibu Broadbeach L.P., and Pacific Coast Management against Knapp, Petersen & Clarke and several individuals. The trial court granted Sulphur and Malibu's motion for attorney's fees and costs, denied the defendants' motion for fees and motion to tax costs, finding Sulphur and Malibu were the prevailing parties. The defendants appeal, arguing: 1) the trial court failed to properly determine the prevailing party under Civil Code §1717 before considering C.C.P. §998; 2) even if it had, it abused its discretion in finding Sulphur and
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The document announces a public meeting of the City Council of San Angelo, Texas to take place on March 5, 2013 at the McNease Convention Center. The agenda includes: an opening session with a call to order, prayer, pledge, and proclamations; recognitions of individuals; public comment; a consent agenda with various considerations; a regular agenda with public hearings, presentations, and considerations of ordinances regarding zoning, annexation, and other matters.
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Frank Ekejija and NVC Fund evidence supporting the Court filings exposed and debunked the SEC's wrongful actions and false assumptions. The facts are clear and on record.
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This document is a notice of deposition and request for production of documents from the law firm Kessel & Associates, representing defendant Sequoia Insurance Company, to plaintiff Sulphur Mountain Land and Livestock Company regarding a lawsuit over an insurance claim. It schedules depositions of Sulphur Mountain's person most knowledgeable on January 9, 2007 to be questioned on various topics related to the property damage claim. It also requests the production of documents related to the property, insurance policies, damage events, investigations and communications regarding the claim. Sulphur Mountain's attorneys respond with objections to some of the deposition notices and requests and provide certain documents in response to the request.
This document is an order from a United States District Court regarding motions to dismiss filed by defendants Darren Chaker and Nicole Chaker in a civil RICO lawsuit brought by plaintiffs Scott McMillan and The McMillan Law Firm. The order summarizes the allegations in the plaintiffs' amended complaint, which claims the defendants engaged in a pattern of extortion, harassment, and other unlawful acts as part of a RICO enterprise. The order analyzes the defendants' motions to dismiss under Rule 12(b)(6), considering whether the plaintiffs have adequately alleged predicate acts of racketeering, cognizable damages, and other elements of RICO and state law claims.
The defendants filed a motion to amend the judgment to add various trusts, foundations, and business entities including LLCs as judgment debtors. The plaintiffs' counsel argued the court does not have jurisdiction over the trust assets and proper notice was not provided to the beneficiaries or trustee as required by the Probate Code. The court questioned why these jurisdictional and notice arguments were not included in the opposition filing. Plaintiffs' counsel said he was late to the case and specially appearing to raise these issues, and offered to allow further briefing to address the arguments.
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This document is an appellant's opening brief for a case in the California Court of Appeal regarding a trust. Robert Quick (the appellant) alleges that Andrea Pearson (the respondent), as trustee, breached the trust by concealing its existence from him and failing to provide him distributions as a beneficiary. The brief argues that Quick sufficiently alleged facts to state a cause of action and overcome defenses of statute of limitations and laches. It maintains the trial court erred in sustaining Pearson's demurrer without leave to amend.
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The trial court granted KPC's motion to amend the judgment in the underlying legal malpractice action to add additional judgment debtors. The court found that Joseph Praske, as trustee of three trusts, and several entities were alter egos of the plaintiff Gaggero based on evidence that Gaggero had transferred all of his assets, worth $35-40 million, to these entities and trusts as part of an "estate plan" to shield his assets from creditors. The court concluded this was an abuse of the corporate form to avoid paying the judgment.
Detective Doug Beard declares that Serhat Daniel Gumrukcu is suspected of multiple felonies based on an investigation. Gumrukcu is suspected of defrauding Ersin Akyuz of $930,000 in a real estate scam involving a property on Dicks Street in West Hollywood. He is also suspected of depositing bad checks totaling $11,700 at Wells Fargo, causing the bank to lose money. Additionally, Gumrukcu is suspected of defrauding Gregory Gac and his company Quadrant Financial of $600,000 by depositing bad checks. Based on the losses exceeding $1 million, Beard requests the court preserve up to $3 million of
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California Heggstad 850 Probate Petition Sacramento
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VERIFIED PETITION FOR ORDER OF CONVEYANCE
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MICHAEL A. HACKARD (SBN 71067)
HACKARD LAW, A PLC
10630 Mather Boulevard
Mather, CA 95655
Tel.: (916) 313-3030
Fax: (916) 226-5177
Attorneys for Waldo Crabtree
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SACRAMENTO
PROBATE DIVISION
In the matter of:
THE JUNIPER JACKSON TRUST
AGREEMENT OF 2015
----------------------------------------------------------
WALDO CRABTREE,
Petitioner.
Case No.:
VERIFIED PETITION FOR ORDER OF
CONVEYANCE
[Probate Code §§ 850(a)(3)(B), 856]
Petition Filed:
Hearing Date:
Assigned:
Dept:
Time:
Waldo Crabtree ("Petitioner"), as Trustee of the Juniper Jackson Trust Agreement of
2015, presents this Petition for an Order of Conveyance pursuant to Probate Code sections
850(a)(3)(B) and 856.
PURPOSE
This matter involves confirming title of certain real property that comprises a 50 acre
ranch in the City of Maybury, County of Sacramento ("Maybury Ranch"), APN 987-654-
321-000, and more particularly described in the legal description attached as EXHIBIT A.
There are no adverse claims to Maybury Ranch; Petitioner only asks this Court to ratify the
title chain so Petitioner may secure title insurance.
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VERIFIED PETITION FOR ORDER OF CONVEYANCE
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JURISDICTION AND VENUE
1. Probate Code section 17002 (a) defines the principal place of administration of the
trust as the usual place where the day-to-day activity of the trust is carried on by
the trustee or representative primarily responsible for the administration of the
trust.
a. The Trustee resides in Los Angeles County, but the property in question is
located in Sacramento County. The Trustee has hired legal representation
based in Northern California in order to efficiently use Trust resources.
2. The Petitioner, as Trustee, consents to Sacramento County as the proper venue for
this action.
FACTUAL BACKGROUND
3. On October 11, 2015, Juniper Jackson ("Decedent") executed the Juniper
Jackson Trust Agreement of 2015 (“Trust”). A true and correct copy of the Trust
is attached hereto as EXHIBIT B and incorporated by this reference.
4. Per Article J of Exhibit B, Decedent named Waldo Crabtree Successor Trustee.
5. Per Number 10 of the “Schedule of Properties Being Transferred Pursuant to the
Juniper Jackson Trust Agreement of 2015” (Exhibit B), Maybury Ranch was to
be transferred into the Trust.
6. Decedent did not execute any deed transferring Maybury Ranch into the Trust.
7. Decedent passed away on February 29, 2016. A copy of the Death Certificate is
attached hereto as EXHIBIT C.
8. Upon Decedent's passing, Petitioner became Trustee of the Trust.
9. Per Article 5, section 19.80(f) of Exhibit B, the trust estate is to be distributed
free of trust to Waldo Crabtree.
10. On March 15, 2016, Petitioner executed a Grant Deed transferring Maybury
Ranch from the Trust to Petitioner as an individual. A true and correct copy of
the March 15, 2016 Grant Deed is attached hereto as EXHIBIT D and
incorporated by this reference.
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VERIFIED PETITION FOR ORDER OF CONVEYANCE
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11. On April 15, 2016, Petitioner executed a Grant Deed transferring Maybury
Ranch from him an individual to the Waldo Crabtree Living Trust ("WC Living
Trust"). A true and correct copy of the April 15, 2016 Grant Deed is attached
hereto as EXHIBIT E and incorporated by this reference. A true and correct
copy of the WC Living Trust is attached hereto as EXHIBIT F and incorporated
by this reference.
PROBATE CODE SECTIONS 850(a)(3)(B) and 856
12. Probate Code section 850(a)(3)(B) permits a Trustee, who has a claim to real or
personal property in which title is held by another, to file a petition with the
Court.
13. Probate Code section 856 grants the Court the power to issue an order
authorizing and directing the person having title or possession of the property to
execute a conveyance or transfer to the person entitled thereto.
14. When Decedent passed away, title was held in her name as an individual.
15. Petitioner, as Trustee of the Trust and the WC Living Trust, has a claim to real
property.
NOTICE
1. The names and last known addresses of the beneficiaries of the Trust and the WC
Living Trust, as well as all other persons who may be entitled to notice under
Probate Code section 17203 are:
a. Wally Brown, 123 FEIGNED STREET, LOS ANGELES, CA
b. Billie Jackson, 321 COUNTERFEIT COURT, LOS ANGELES, CA
c. George Crabtree, 1423 FAUX ROAD, SACRAMENTO, CA
d. Darla DuPont, 3142 PHONY PLACE, SACRAMENTO, CA
PRAYER FOR RELIEF
WHEREFORE, Petitioner prays for:
1. An order ratifying the March 15, 2016, conveyance of the of the real property in
Sacramento County (APN 987-654-321-000), the legal description of which is attached
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VERIFIED PETITION FOR ORDER OF CONVEYANCE
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hereto as EXHIBIT A, from the Juniper Jackson Trust Agreement of 2015 to Waldo
Crabtree as an individual;
2. An order ratifying the April 15, 2016, conveyance of the of the real property in
Sacramento County (APN 987-654-321-000), the legal description of which is attached
hereto as EXHIBIT A, from Waldo Crabtree as an individual to the Waldo Crabtree
Living Trust;
3. An order confirming Waldo Crabtree, Trustee of the Waldo Crabtree Living Trust, as
sole owner of the real property in Sacramento County (APN 987-654-321-000), the legal
description of which is attached hereto as EXHIBIT A; and
4. Any other such relief as this Court deems proper.
DATED: ______________________ Hackard Law, a PLC
By: ____________________
MICHAEL A. HACKARD
Attorney for Petitioner Waldo Crabtree
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VERIFIED PETITION FOR ORDER OF CONVEYANCE
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OUT OF COUNTY VERIFICATION
I am one of the attorneys for Waldo Crabtree, Petitioner in this matter. Such party is
absent from the county of aforesaid where such attorneys have their office and where this action is
pending. I make this verification for and on behalf of that party for that reason, pursuant to California
Probate Code§ 1023. I am informed and believe and on that ground allege that the matters stated in
the foregoing document are true.
I declare under the penalties and pain of Perjury under the laws of the State of
California that the foregoing is true and correct, and that this Verification was signed by me on the
date so indicated herein at Mather, California.
Dated:_____________________
___________________________
MICHAEL A. HACKARD