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2 Answers | Asked in Elder Law, Contracts and Probate for California on
Q: how to defend yourself from wrongdul allegations of undue influence fin. elder abuse,quiet title and cancel deed,

and rescission of will? I have proof with declarations to support my where abouts and reciepts to show where anymoney went. and the deceased left a will i didnt know about untill after his death. I transfered property by affdavit.

James L. Arrasmith
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answered on May 8, 2024

To defend yourself against wrongful allegations of undue influence, financial elder abuse, quiet title, deed cancellation, and rescission of a will under California law, consider the following steps:

1. Gather evidence: Collect all relevant documents, such as the deceased's will,...
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2 Answers | Asked in Elder Law, Contracts and Probate for California on
Q: how to defend yourself from wrongdul allegations of undue influence fin. elder abuse,quiet title and cancel deed,

and rescission of will? I have proof with declarations to support my where abouts and reciepts to show where anymoney went. and the deceased left a will i didnt know about untill after his death. I transfered property by affdavit.

Delaram Keshvarian
Delaram Keshvarian
answered on May 12, 2024

Thank you for your question!

The underlying cause of action action against you is "Undue Influence." Quiet title, cancellation of deed, and rescission of will are remedies sight of the liability in the underlying cause of action is proven.

Sometimes attorneys argue that...
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1 Answer | Asked in Civil Rights for California on
Q: Defendant claims my statement caused distress. Asked for clarification, she refused.Subpoenaed her psychiatrist, evading

The defendant alleges my false statement caused her mental distress diagnosed by a psychiatrist. When I asked for clarification on the false statement, she refused to respond. I then subpoenaed her psychiatrist, who is evading the subpoena. how to proceed?

James L. Arrasmith
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answered on May 8, 2024

I understand this is a challenging situation. Here are a few thoughts on potential next steps:

1. File a motion to compel: You can file a motion with the court to compel the psychiatrist to comply with the subpoena and provide the requested information. The court may then order the...
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1 Answer | Asked in Traffic Tickets for California on
Q: I got a photo camera ticket for violating 21453(a) for 'fail to stop at red signal.'

LA Metro Transportation authority sent a link to their website so I could view the video footage. On the video you can clearly see the traffic light was yellow when I began driving through the intersection but turned red when I was partially through the intersection and became red before I reached... View More

James L. Arrasmith
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answered on May 8, 2024

Based on the information you provided, it seems like you may have a case to contest the ticket. In California, the law states that a driver must stop at a yellow light unless it is unsafe to do so. If you can argue that stopping abruptly at the yellow light would have likely caused an accident with... View More

2 Answers | Asked in Probate for California on
Q: DISCLOSURE OF RELATIONSHIPS BETWEEN FIDUCIARY, ATTORNEYS, AND OTHER AGENTS HIRED BY FIDUCIARY

"Petitioner has no personal, financial or other relationship with attorneys or other agents hired by the petitioner"

Is it correct to leave out this section on a Petition for Final Distribution if petitioner is acting in Pro Per?

Thank you.

James L. Arrasmith
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answered on May 8, 2024

If you are acting as a petitioner in pro per (representing yourself without an attorney) in a Petition for Final Distribution in California, it is generally appropriate to omit the section titled "DISCLOSURE OF RELATIONSHIPS BETWEEN FIDUCIARY, ATTORNEYS, AND OTHER AGENTS HIRED BY... View More

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