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One of the ways to revoke a will is by mutilation or destruction. But is ripping up or burning a will sufficient to revoke it? By itself, no. For destruction of a will to effect its revocation, there must be a union of intent and act. Intent alone and destruction alone are insufficient. See Prob C §6120(b). Under Prob C §6120(b), a will can be revoked by being burned, torn, canceled, obliterated, or destroyed, with…
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In a personal injury case, if you do not recover, then the lawyer does not get paid either.  To “recover” means to be paid an amount for your injuries and damages.  If for whatever reasons, you are not paid or are unsuccessful with your claim, then the lawyer does not get paid either.  This encourages people to make claims for wrongdoing, seek damages for injuries they have suffered without the risk of “going bankrupt” if…
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Interrogatories are powerful—they allow you to ask questions and then use the answers at trial. But you’re limited as to who you may serve with interrogatories. Here are the four main categories of who can be served with interrogatories. You may serve any party. The rules is clear that you can only serve interrogatories on parties. CCP §2030.010(a). That usually means the adverse party, but you may also serve them on any other party. CCP…
2019年7月3日，全国法院民商事审判工作会议在黑龙江哈尔滨市召开，最高人民法院审判委员会委员会委员刘贵祥就新近民商事裁判理念、民法总则适用的衔接问题、合同效力问题、公司对外担保等问题做题为《在全国法院民商事审判工作会议上的讲话》的专题讲话，该等讲话代表着最高院新近审判理念及思路，略作整理，以飨读者。…
Previously, I discussed that trade wars and wet weather conditions have generated uncertainty in the agricultural industry.  Since the publication of my last blog, projections for direct farm payments have soared.  Now, ag economists are predicting that direct farm payments will be at the highest levels in a decade.  Furthermore, unprecedented wet weather has led to more than $1 billion in insurance claims for acres that farmers were prevented from planting.  It is projected…
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Generally, contingency fees are the most reasonable way for an attorney to handle a personal injury case. Contingency fees give an injured victim the ability to obtain legal representation without having to pay upfront, and without having to pay regardless of the outcome of their case. When a lawyer accepts a case on a contingency fee, he or she agrees to take a percentage of the recovery.  If a small recovery, the lawyer may actually…
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The recent earthquakes in California brought attention to the ShakeAlert system, which is intended to detect significant earthquakes quickly enough to send alerts to people before the shaking arrives. This system is in its infancy, but there’s hope it will eventually give the public precious seconds to take cover.  But will it also give rise to governmental liability? According to officials, the ShakeAlertLA app didn’t send alerts for the recent big quakes, but it functioned…
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Bankruptcy Bankruptcy, Debt Settlement, or Debt Consolidation? Is There a Difference? Jul 9 2019 If you’re falling behind on debt payments, two of the options you can explore are bankruptcy and debt consolidation. So how will you know which is right for your situation? First, some definitions:• Bankruptcy: The legal process of eliminating or reducing the amount of debt owed under the United States Bankruptcy code.• Debt Settlement: Debt settlement is the process of paying…