sample answer to partition complaint california
It was a please working with Attorney Nick Moss.I unfortunately had a family related partition action case that started off as a nightmare. He always stay on top of handle of responses to my phone calls ; emails and messages. Defendant [Name of Defendant] (Defendant) is an individual [residing at the Property] in Los Angeles County in the State of California, who presently holds a [indicate percentage of ownership, e.g., one-half] interest in the Property as a [describe method of holding title, e.g., joint tenant or tenant in common]. This sample California complaint for quiet title is verified and also includes causes of action for partition and declaratory relief is used when a party wishes to have the Court partition certain real property, and also to quiet title to . 9. Here is a sample answer to a partition suit that was written by a lawyer who is a co-founder of the West Virginia Surface Owner's Rights Organization. Attorneys Scott Talkov and Chris Kiernan provided excellent guidance during my bankruptcy and used creative solutions to obtain a great result in my case. When there is disagreement in which one or more co-owners of a property may want to sell the property, but another co-owner does not agree to sell, a partition action can ensure the sale of the . A verified complaint also forces the defendant to respond to the lawsuit with a verified answer. . Ngai. Specifically, Scott steered the case up front in ways that Talkov Law represented us in a case that ended with a very successful mediation settlement. With his professionalism attitude as I observed , I believed Mr. Nick will help me get over this difficult time. I googled and after speaking with several attorneys I felt confident and 3 1/2 months ago I was looking for an attorney to help me with my real estate partition. The plaintiff (or petitioner) notifies the defendant (or respondent) that they have started a court case against them by having them served with a complaint (or petition) and summons. On [Date], a grant deed transferring the Property from third parties to [text from the deed] was recorded in the Official Records of [Name of County] County as Instrument Number [number], a true and correct copy of which is attached hereto as Exhibit 1 and incorporated herein by reference. At each step along the way he gave us informed options, and was both mindful of our time and efficient with hours. When filing a lawsuit in California, the original complaint may be either verified or unverified. 6. Plaintiff is informed and believes, and thereon alleges, that the principal sum due on the promissory note secured by the Deed of Trust as of the filing of this complaint is in the approximate sum of $[specify balance on mortgage]. He fought to make all ends meet. Respondent denies the allegations as set forth within paragraph "\ T of the Complaint 10 the extent that it is believed that not all of the named ellli ti es and Stay on top of update my financial analyst report make sure it is correct and valid evidences. Defendants can admit the allegations, deny the allegations, claim they have insufficient knowledge to admit or deny the allegations, or object to allegations by giving a reason for the objection. If the complaint is verified, unless the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1, the denial of the . Took longer then I had anticipated. Talkov Law is the most reliable and diligent with regards to getting things done. PARTIES 1. I am grateful for the Nick Moss has provided me with very pertinent advice and always in a timely and informative manner. Exellent customer service from Talkov Law, SPECIALLY from Mr. Nick Moss who is a very professional and knowledgeable Real Estate attorney, who always was at my disposition and went out of his way in order to helping me with the Real Estate problem that I was going thru. My family and I are satisfied with the services that Nick provided for us. I recommended . (d) If the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1 or is not verified, a general denial is sufficient but only puts in issue the material allegations of the complaint. Ferdeza was both thorough and attentive to my needs. It is without question that Scott Talkov is one of the most genuine, forthright, and exemplary attorneys we could have found. He founded Talkov Law Corp. after more than one decade of experience with one of the region's oldest law firms, where he served as one of the firm's partners. I am so glad that Scott was referred to me by another attorney and that this headache is finally behind me. Mail your answer to the address which was stated on the Summons which you received. When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable. An experienced partition attorney will likely produce a more favorable outcome for you in your partition action. I highly recommend! Thank you for a positive experience and a successful outcome. Boundary Disputes. Venue is proper in this Court because the real property that is the subject of this action is located in this County. For partition by sale of the interests in the Property according to the respective rights of the parties hereto; That the costs of partition, and of this action, including reasonable attorneys fees expended by Plaintiff for the common benefit, fees and expenses of referees and/or agents, and other disbursements be ordered paid by the parties in accordance with their respective interests in the Property, that the costs and attorneys fees be included and specified in the judgment and become a lien on the respective interests of any non-cooperative defendant(s) in an amount according to proof at time of trial, and that the referees fees be included and specified in the judgment and become a lien on the respective interests of any non-cooperative defendant(s) in an amount according to proof at time of trial with statutory interest thereon at a rate of ten percent per annum; That an order of disbursement be made according to an allowance, accounting, contribution, and other compensatory adjustments among the parties according to the principles of equity; For equitable relief to change the locks, thereby excluding any non-cooperative defendants and any other individuals with keys to the Property, including their personal belongings, in the event of their non-cooperation with the orderly sale of the Property; For such other and further relief that the court may deem just and proper. Then again this is my first time. He cares about us and helped us to meet our goal. Title your Answer "Answer to Plaintiff's Petition/Complaint.". I searched long and hard before selecting Talkov Law to represent me in complex legal matters relating primarily to real estate, probate and a bit of family law. I was involved in a business dispute where the other side refused to accept that they were wrong. copy of your Answer to the attorney representing your opponent, or directly to your opponent if s/he has no attorney. I put my trust in him and My attorney, Nick Moss has impressed me with his friendly demeanor, experience level and thoroughness while working with me on my case. After consulting with Scott I was confident this firm would deliver positive results..Nick was very responsive and attentive with every email! Under California Code of Civil Procedure Section 872.210, a partition action is a legal process taken to divide real estate fairly among the co-owners. This firm really is trying to win for you and save you money at the same time. Attorneys Scott Talkov and Nick Moss came up with creative solutions to bring an end to the disputes on multiple properties. I would recommend this team to anyone who has family law needs. in his or her official capacity, is plaintiff, the answer shall be verified, unless an admission of the truth of the complaint might subject the party to a criminal prosecution, or, unless a county thereof, city, school district, district, public . Ms.Ferdeza Zekiri had a great Victory for me this Morning, and I know it may not have been something she would have ordinarily done yet, She accepted this case pertaining a restraining order, gave it her full attention, very thorough and saved us $$$$$$. Answer to the Petition. Nick exhibited impressive patience in the Nick Moss and the Talkov Law team used their knowledge and expertise to bring about a wonderful end to my real property co-ownership dispute. Colleen was able to help me navigate through a very complex separation. The court already has the complaint form from the plaintiff. Thank you guys. Complaint. I searched long and hard before selecting Talkov Law to represent me in complex legal matters relating primarily to real estate, probate and a bit of family law. Western University answers Hugh's Verified Complaint as follows: 1. Western University admits that Hugh was employed in the County of Los Angeles, State of California within this judicial Check ONLY ONE of the next two boxes: . The court repeatedly granted Scott's motions to dismiss and also granted me $25,000 in attorney's fees! He is not only caring and compassionate but very professional. He cares about me and my family. Nick demonstrated exemplary professionalism and expertise. Civil Pro Se Forms. I love Nick Moss. My first My first experience to this to Talkov Law Firm on partition , before I made a call I had done a lot of research on review so far. Paragraph 1 of the complaint lists twenty-four cotenants (or unknown heirs of those cotenants) that appear to be denominated in the Complaint as the "Partition Defendants". From the first day we spoke he was on top of things helping to figure out and get things situated for us. Code of Civil Procedure 872.420. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date. My family is grateful to Nick Moss for his expertise and diligence. Answer to Complaint, Civil Cases Only JD-CV-106. [Optional: On [Date], a grant deed transferring the Property from [Plaintiff or Defendant] to [text from the deed] was recorded in the Official Records of [Name of County] County as Instrument Number [number], a true and correct copy of which is attached hereto as Exhibit 2 and incorporated herein by reference.]. paragraph. If a property is divided among co-owners, every person who is a member of the joint ownership becomes sole owner of his/her portion of the property. I trust them and feel safe. Petition for Partition Sample. When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. Ordinarily, if the party seeking partition is shown to be a tenant in common, and as such entitled to the possession of the land sought to be partitioned, the right to partition is absolute, and cannot be denied, either because of any supposed difficulty, nor on the suggestion that the interest of the cotenants will be promoted by refusing the application or temporarily postponing action, . For example, when one owner wishes to sell but the other does not. 2009-2023 Talkov Law Corp., a California professional corporation. Please do not submit confidential information. We met Nick on the phone and Nick explained the process step by step until we all understood the process. I am impressed with how attentive Nick Moss has been in providing me with updates on my case and in his quick response to any questions I've had. Nick's attentiveness and focus on my case made me feel secure and confident. If the Demurrer is overruled, the Defendant must file an Answer to the original complaint within 10 days (California Rules of Court (CRC), Rules 3.1320(g), and (j)). He has been featured on ABC 7, CNN, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterpise, and in Los Angeles Lawyer Magazine. Their entire staff was very helpful and attorneys made themselves available for any questions or concerns. Pro Se 9. California Code, Code of Civil Procedure - CCP 431.30. You can file a general denial of all the allegations in some states, but in others, like New York, you must admit or deny each allegation separately or assert . All in all 10/10. Thank Ferdeza for being patient with me and David! I would read the partition complaint carefully before you decide. Defendant does not dispute the facts set forth in Paragraphs _____ of Plaintiff's Complaint. A partition action is a lawsuit that forces the sell of ownership in court. My experience with them was straightforward and reasonable. Nick was easy to get ahold of and made this process a smooth one. Fantastic experience throughout the entire process. Nick is the best attorney. The answer states your position on the different allegations in the petition. Nick Moss of the Talkov Law Team Legal issues can be stressful and it really helps to find a knowledgeable, confident and kind person to help me through this time. Scott seemed to understand my case and needs, assigning my case to Nick Moss. Thank you, Nick. Plaintiff alleges that the Deed of Trust is the only recorded encumbrance on the Property. Attempting to represent yourself in pro per is a risk, and we highly advise working with a knowledgeable attorney. View it partition sample verified to partition california attorneys, the form of the url, you want to create Thanks to his hard work, attention to detail, and prompt follow up, my partition lawsuit was resolved in a timely manner. Check out how easy it is to complete and eSign documents online using fillable templates and a powerful editor. Nick is a very good attorney. Pleadings. Nick and the Talkov Law team brought about a wonderful ending to my partition dispute and I highly recommend them. I had no money to put down a retainer. I am grateful for the opportunity to work with Nick and Talkov Law Corp and would highly recommend their services to anyone! The attorneys at Talkov Law helped me achieve a great outcome in a difficult heavily litigated case. 7. He is so knowledgeable and professional. Maintain all relevant documentation. When you file your answer with the court, you tell the court, in writing, the statements in the complaint that: you do not know about. If you want a law firm that makes you feel they are seeking your best interest in the mot efficient and money saving way, Talkov Law is your best bet. After speaking with multiple firms who seemed to either complicate the matter or were quick to ask for a substantial retainer, we were fortunate to have contacted the Talkov Law Firm. 3. They are very knowledgeable and helped me with my partition case. I highly recommend! Lucky for me I found Talkov Law one late night searching on google. I didnt retain the right firm at first, which caused this case to spiral and take the wrong turn. Business dispute where the other side refused to accept that they were wrong $ 25,000 in attorney 's fees my... 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