02. DEFENDANTS' ORIGINAL ANSWER AND AFFIRMATIVE DEFENSES PAGE 5 4844-1160-2190/02415-101 . They are absolutely top notch! THANKS once again Talkov Law( Nick Moss). Volume 1 27.9. I hope I never need another lawyer again, but if I do, Talkov Law will be the first law firm I call. I highly recommend hiring Talkov Law Corp. However, we have to hire an attorney and we found Talko Law Film. Whether it's a building, home, or farm, anything attached to real property can be divided and sold by co-ownership in California. His knowledge and Confidence got us thru our case in less than 6 months. 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. SAMPLE ANSWER FORMAT . Some claims, however, like a quiet title claim does require that the complaint be verified. She denies paragraph 10 of the complaint for lack of knowledge or information sufficient to form a belief as to the veracity thereof. 2. Note that this rule only applies to unlimited civil cases, where the demand of the complaint exceeds $25,000.00. I had Nick Moss file for a partition action to sell the house that I own together with my sister and the service from this office and nick was amazing. I gave Nick five stars because my family and I now happy with the services Nick provieded for us. Accordingly, plaintiff has filed this complaint to have the real property partitioned by sale. I am so glad that Scott was referred to me by another attorney and that this headache is finally behind me. Very happy with my experience with Talkov Law. I wasn't sure how to go about the situation, he gave guidance and insight on how things work. The team at Talkov Law has been very informative and helpful. Talkov Law provided excellent service. I would definitely recommend them. The overall team was great. I would read the partition complaint carefully before you decide. He contacted us when he had new information to discuss for the progress. As a Law Firm Talkov is competent, they are invested in your behalf, they are sensitive to the emotional aspects of clients as well. He is so knowledgeable and professional. This is a Sample Answer format used to respond to a complaint in the Court of Common Pleas. Very helpful and kept me updated on everything that was done and what was going on.. Will highly recommend to others. My family and I are satisfied with the services that Nick provided for us. I love the job that Nick had done for me and my family. This law firm is very professional and exceptionally critical when handling a case. Ferdeza was both thorough and attentive to my needs. It's for this reason that we highly recommend mediation to avoid litigation and costly court processes. 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. copy of your Answer to the attorney representing your opponent, or directly to your opponent if s/he has no attorney. 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. An experienced partition attorney will likely produce a more favorable outcome for you in your partition action. With attorney Nick Moss, my wife's case was closed within a few months. 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. He can also be contacted directly at scott@talkovlaw.com. ***, [Attorney for Plaintiff or Plaintiff In Pro Per], SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF [NAME OF COUNTY WHERE THE PROPERTY IS LOCATED]. 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. and _____ (hereinafter "these answering Defendants . She admits complaint. After purchasing our home, we were wrongfully brought into a dispute that had no relation to our real estate transaction. Nick Moss is very professional and helpful. On January 26, 2018, Plaintiff commenced this action by filing a Summons and Complaint (the "Complaint") and an Order To Show Cause seeking, inter alia, appointing a referee and directing the partition and sale of the Property due to the failure of the defendants George Lee and Thomas Lee (together, the "Lees"), and the entity to which they . paragraph. I trust them and feel safe. Appearance Form JD-CL-12. An answer is your answer to the complaint that was filed. He cares about us and helped us to meet our goal. Adverse Possession. Stay on top of update my financial analyst report make sure it is correct and valid evidences. With the help of Talkov Law, I was able to not only win my case but also collect attorney's fees from the opposing party. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. He's patient and great at communicating and translating legal jargon. The answer states your position on the different allegations in the petition. We have answers to the most popular questions from our customers. Thank Ferdeza for being patient with me and David! of Plaintiff's Complaint denies and alleges as follows: 1. Finally , I'm very happy working with Mr. Nick , however, my case have not go to an end yet . He fought to make all ends meet. . Fantastic experience throughout the entire process. Section 64. . I would recommend this group when everyone else tells you it cant be done. Plaintiff will amend this complaint to add the true names and capacities of these defendants when they are ascertained. We truly appreciate the Talkov firm and recommend them in the highest regard. Stay on top of update my financial analyst report make sure it is correct and valid evidences. Plaintiff alleges that, as a tenant in common and/or joint tenant, Plaintiffs right to partition the Property is absolute. So her it is.Nick Moss has exhibited great attention to detail and has been extremely responsive throughout his representation of me. Lucky for me I found Talkov Law one late night searching on google. Thanks to Nick, my family's co-ownership dispute has finally been resolved. Nick Moss and the Talkov Law Corp team used their knowledge and expertise to help me bring an end to my co-ownership dispute. At each step along the way he gave us informed options, and was both mindful of our time and efficient with hours. Nick was great with Talkov Law is the most reliable and diligent with regards to getting things done. the property or partition and sale when he or she no longer wishes to jointly use or own the property." 2 Indeed, New York ourts have gone so far as to hold that the right to partition is c "absolute in the absence of countervailing conditions."3. He is very personable and has an abundance of knowledge when From the moment I spoke on the telephone with Mr. Nick Moss, I had a good feeling about him. Plaintiff does not know the true names and capacities of the defendants sued as Does 1 through 10, inclusive, and therefore sues these defendants by such fictitious names. My attorney, Nick Moss has impressed me with his friendly demeanor, experience level and thoroughness while working with me on my case. I would recommend this group when everyone else tells you it cant be done. Nick worked so hard in making sure I win my case. Nick Moss was professional, knowledgeable and responsive. I thoroughly recommend Talkov Law. Sincerely Peter Reyes. I outreached to a few attorneys and none of them got back to me but Scott took the time to reach me and help me out right away. Answer in a Connecticut Civil Action. If the Demurrer is sustained with leave to amend the complaint, the Plaintiff can correct the errors in the complaint, serve the Defendant with an Amended Complaint, and the case . The plaintiff shall serve a reply to a counterclaim in the answer within twenty 20 days. The Sample Answer, which is one form of Respose, to a ADA Lawsuit, Busienss, or Real Estate Lawsuit filed in a California Superior Court, or in the case of an ADA lawsuit, filed in part in Federal District Court for ADA claims. Nick has minimized my costs and still worked out an agreement that was 100% satisfactory to me. Their entire staff was very helpful and attorneys made themselves available for any questions or concerns. Contact Us: Blake Law Firm 533 2nd St., Suite 250 Encinitas, CA 92024 Phone: (858) 232-1290 Our office hours are 8:30 am - 5:00 pm PST Can I File a Partition Lawsuit without a Lawyer? Nick Moss is a very professional attorney. Defendant avers that she became the sole owner of the Property upon Michael Becker's death. 11. .. But you all took my case anyway Thank you Jesus. Note that co-owners can consent to selling a property to a third party or to one or more of the co-owners as a settlement. As a Law Firm Talkov is competent, they are invested in your behalf, they are sensitive to the emotional aspects of clients as well. You must file an answer within the specified time frame, usually 20 days, or you will lose your right to defend yourself and participate in the court proceedings. = Excellent.5 - Free consultation is a plus = Excellent.6 - Cost is reasonable .In addition to major factors mention above , I would give to Attorney : Mr. Nick Moss a five star rating . 64.031, Fla. Stat. Scott and his firm came up with solutions that were smart, tactful and cognizant of the facts related to the issue at hand. Working with Nick and his law firm was the best financial decision I have made. He is not only caring and compassionate but very professional. Highly recommend this firm! Nick has been delightful to work with putting me at ease with a very tense family situation. However, as of the date of this complaint, the Defendant has not agreed to do so. UnderCalifornia Code of Civil Procedure Section 872.210, a partition action is a legal process taken to divide real estate fairly among the co-owners. (844) 4-TALKOV (825568) . Everyone we interacted with showed immense professionalism and understanding. 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. I put my trust in him and I have not been disappointed. Drafting Complaints. Thank you Talkov Law Corp. If you co-own real estate in California, you know the headaches that can accompany the ownership of property by tenants-in-common or joint tenancy. Attorneys Scott Talkov and Chris Kiernan provided excellent guidance during my bankruptcy and used creative solutions to obtain a great result in my case. Sample Answer To Partition Complaint | added by users. You can file an answer to respond to the plaintiff's Complaint. The Property is an improved [single-family residence, commercial property, etc.] 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 property with a division of the proceeds fairly and equitably among the joint owners. Talkov Law represented us in a case that ended with a very successful mediation settlement. 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. At the top left of the form, clearly print or type the plaintiff's name. He always stay on top of handle of responses to my phone calls ; emails and messages. My family is grateful to Nick Moss for his expertise and diligence. With his expertise and knowledge in real estate legal field , he knows how to protect his client that I could see through the email communications to opposing counsel CC me openly. Send it via email, link, or fax. The divided portion of the property gains a new title and each shareholder has to give up his/her rights . March 5, 2021 | Structure Law Group, LLP. Nick was great with communication and understanding with my circumstances. Best regards. . 2.3. Nick demonstrated exemplary professionalism and expertise. Collen Sparks was a professional attorney that knew her job very well. In most cases, the credit card account name i.e., Discover, Bloomingdale's, Household Credit Services, etc. Then again this is my first time. I was involved in a business dispute where the other side refused to accept that they were wrong. Furthermore, if the right to partition the property has been waived, this waiver to partition should be addressed in the partition answer to prevent further costly proceedings. I don't think going through this process would have been as easy without Nick. 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. Nick has been delightful to work with putting me at ease with a very tense family situation. 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)). Venue is proper in this Court because the real property that is the subject of this action is located in this County. After consulting with Scott I was confident this firm would deliver positive results..Nick was very responsive and attentive with every email! Each cause of action has certain parts that must be written in the complaint and proved at trial. From the first day we spoke he was on top of things helping to figure out and get things situated for us. His professionalism and values have been key in making me feel comfortable. The services they provided was exactly what we needed. 4000 MacArthur Blvd Ste 655Newport Beach, CA 92660. Civil Pro Se Forms. The ownership tables for tracts 1 and 2 on pages 46 through 56 of the Complaint show CPS is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 1. Insert it exactly into your document: the name of the court at top, the names of the parties, the case number, and the name of the judge. Nick and the Talkov Law team brought about a wonderful ending to my partition dispute and I highly recommend them. A. 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 highly recommend Nick Moss. Give them your case, you'll be happy you did! I highly recommend Nick Moss and the rest of Talkov Law team. 8. Below is a form complaint for partition by sale in California that is intended to be used in consultation with a real estate attorney. Very happy with my experience with Talkov Law. Nick is a very good attorney. Nick Moss and the Talkov Law Corp team used their knowledge and expertise to help me bring an end to my co-ownership dispute. Partition by sale is the more equitable remedy than division in kind for the Property. Sample California complaint for Quiet Title and Partition - Free download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online for free. Answer to the Petition. I am now in escrow and soon will be receiving my settlement Thanks to Talkov Law.When I posted my most recent review Above I think I deleted my review from 3 months ago. The information on this site, including the Talkov Law Blog, is intended for general information purposes only. Nick was great with Talkov Law is the most reliable and diligent with regards to getting things done. I was very pleased with Nick's knowledge and legal counsel. 21. Responding to a Complaint or Petition. the. That Summons and process issue requiring the Defendant to appear and answer this Petition; and b) For judgment partitioning the Property by sale and . I was very pleased with Nick's knowledge and legal counsel. Act FDCPA including failure to verify debts and attempting to collect debts not owed. Code of Civil Procedure 872.420. This sample answer to an unverified complaint for California is made pursuant to Code of Civil Procedure section 431.30(d) and should ONLY be used for an unverified complaint. She has been diligent, effective and has a We are so thankful to have found Ferdeza Zekiri with Talkov Law to represent my wife and I in a property matter. A partition action in Florida "may be filed by any one or more of several joint tenants, tenants in common, or coparceners, against their cotentants, coparceners, or others interested in the lands to be divided. I am so glad I decided to hire Talkov Law. When you must answer the complaint You must answer the complaint and file it at the office of the Clerk of Court within 30 days from the date you personally received the complaint or if received by registered mail, the date when you signed for the complaint. I am so glad I decided to hire Talkov Law. Attorneys Scott Talkov and Chris Kiernan provided excellent guidance during my bankruptcy and used creative solutions to obtain a great result in my case. The court repeatedly granted Scott's motions to dismiss and also granted me $25,000 in attorney's fees! It was her preparation and confidence in the facts of the case that drove it to a successful conclusion, achieving a result Im doubtful we would have reached with other attorneys. Other bankruptcy attorneys had told me I was out of options, but the team at Talkov Law quickly changed my outlook. There are three methods of Partition provided by state law: (1) Partition by Physical Division, (2) Partition by Sale, and (3) Partition by Appraisal. Nick demonstrated exemplary professionalism and expertise. This action for partition is brought for the common benefit of the parties, to preserve and secure to each of them their respective interest and rights in the Property. A divorce attorney can assist you in selling jointly owned property in a divorce. Since 1976, the statutory scheme has also provided that a defendant's answer in a partition action "may set forth any claim the defendant has for contribution or other compensatory adjustment." ( 872.430). 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. 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 Respondent admits the allegations as set forth within paragraph ,,] r' of the Complaint to the extent that the same seems to reflect the alleged statute. California Code, Code of Civil Procedure - CCP 431.30. Submission of this form does not create an attorney client relationship. First obtaining the sample answer to partition california law also states, although i get the time of real property be brought to others. Defendant does not dispute the facts set forth in Paragraphs _____ of Plaintiff's Complaint. Civil Pro Se Forms. . Each of the fictitiously named Doe defendants claims a possessory or title interest in the Property. It was a please working with Attorney Nick Moss.I unfortunately had a family related partition action case that started off as a nightmare. His knowledge and Confidence got us thru our case in less than 6 months. They are very knowledgeable and helped me with my partition case. I didnt retain the right firm at first, which caused this case to spiral and take the wrong turn. Legal issues can be stressful and it really helps to find a knowledgeable, confident and kind person to help me through this time. Since, we had never had any problems involving with legal issues before, my family and I were scared of everything and we felt hesitated to talk about the problems. Her assistant, Noor Haleem, was also very helpful and professional. He cares about us and helped us to meet our goal. Nick provided pertinent advice to help bring a resolution to my real estate ownership dispute. That the Demurrer to the Complaint be sustained in its entirety, and/or as to each of the ten causes of action therein, without leave to amend; B. To the extent the allegations in paragraph 1 of Hugh's Verified Complaint constitute legal argument or legal conclusions, no answer is required. Talkov Law is the most reliable and diligent with regards to getting things done. Western University admits that Hugh was employed in the County of Los Angeles, State of California within this judicial Dissolution Answer JD-FM-160. 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 . I love Nick Moss. I had some property line issues a couple months back and Scott gave me the advice I needed to move forward. 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. Complaint. 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 $$$$$$. She has been diligent, effective and has a strong command of the legal issues we are facing. I had Nick Moss file for a partition action to sell the house that I own together with my sister and the service from this office and nick was amazing. No resolution yet but we are working to that end. He is so knowledgeable and professional. Colleen is very professional and answers your question in a timely manner. 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. 1. Working with Nick and his law firm was the best financial decision I have made. We feel at ease knowing we have the knowledge and support of Ferdeza and team on our side. Nick Moss of the Talkov Law Team was that great person for me and brought about a prompt ending to my contentious property ownership dispute. I love Nick Moss. He always kept me up to date on what was needed to keep the process as smooth as possible. Thanks to his hard work, attention to detail, and prompt follow up, my partition lawsuit was resolved in a timely manner. Thank you Nick!!! An answer is a formal statement, in writing, of your defense to the lawsuit. All in all 10/10. App. Nick Moss of the Talkov Law Team was that great person for me and brought about a prompt ending to my contentious property ownership dispute. I'd like to thank everyone at Talkov Law for taking on my case. ' The answer is . There are different perspectives on whether waiver is an affirmative defense to a partition of whether the lack of waiver is an element of the the plaintiffs partition action. Thanks to his hard work, attention to detail, and prompt follow up, my partition lawsuit was resolved in a timely manner. Colleen was able to help me navigate through a very complex separation. Challenging a Plaintiff's Title Interest (Standing to Bring a Partition Action) 2.2. Scott seemed to understand my case and needs, assigning my case to Nick Moss. From the very start, Nick Moss our attorney delivered clear and concise advice. . complaint for partition. I hope I never need another lawyer again, but if I do, Talkov Law will be the first law firm I call. ( 872.140; italics added.) My family is grateful to Nick Moss for his expertise and diligence. He's patient and great at communicating and translating legal jargon. To the extent an answer is otherwise required, those allegations are denied. I would greatly recommend his services to anyone who needs assistance in a real estate dispute. This law firm is very professional and exceptionally critical when handling a case. I recommended . The standard for obtaining summary judgment in an action for partition and salethe of (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. Then again this is my first time. Hard to find that in any business this day. Legal issues can be stressful and it really helps to find a knowledgeable, confident and kind person to help me through this time. Her assistant, Colleen Talkov provided very professional representation in connection with a potentially difficult case, and as a result of her skill and persistence we obtained an outstanding result. Title your Answer "Answer to Plaintiff's Petition/Complaint.". When you go to court, you can explain each point in more detail. After consulting with Scott I was confident this firm would deliver positive results..Nick was very responsive and attentive with every email! His professionalism and values have been key in making me feel comfortable. Colleen was able to help me navigate through a very complex separation. Nick was easy to get ahold of and made this process a smooth one. On June 23, 2020, I served true copies of the following document(s) described as ANSWER TO COMPLAINT FOR PARTITION OF REAL PROPERTY on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST John R. Browne III Law Offices of John R. Browne III, APC 50 California Street, Suite 3500 San Francisco, CA 94111 tel.415-421-6700 fax . He is very personable and has an abundance of knowledge when From the moment I spoke on the telephone with Mr. Nick Moss, I had a good feeling about him. CSL admits the allegations in Complaint paragraph 20. ANSWER TO UNVERIFIED COMPLAINT. Downloads. This article focuses on the Partition of real property. Nick and the Talkov Law Corp team brought about a prompt ending to my partition lawsuit using legal expertise and professionalism. . 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. 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]. [Optional if Joint Tenancy: By executing the verification to this complaint, Plaintiff hereby severs the joint tenancy on the basis that the execution on this complaint constitutes execution of a written instrument that evidences the intent to sever the joint tenancy under Civil Code 683.2(a)(2), thereby creating a tenancy-in-common for which this partition action is proper.]. Getting things done been delightful to work with putting me at ease with a very successful settlement! Getting things done how things work recommend mediation to avoid litigation and costly processes! Successful mediation settlement the job that Nick had done for me and David will amend complaint. And professionalism s title interest ( Standing to bring about a wonderful end to my partition lawsuit was resolved a. Haleem, was also very helpful and professional thanks once again Talkov Law will the! To date on what was going on.. will highly recommend to others a quiet claim... 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The County of Los Angeles, State of California within this judicial Dissolution answer JD-FM-160 for this reason that highly! At Scott @ talkovlaw.com recommend mediation to avoid litigation and costly court processes 2021 | Structure group. Filed this complaint to add the true names and capacities of these defendants when they are ascertained meet goal... Reliable and diligent with regards to getting things done he cares about us and helped us to meet our.. That knew her job very well and AFFIRMATIVE DEFENSES PAGE 5 4844-1160-2190/02415-101 can consent to selling a to! While working with Nick and the Talkov Law team for general information purposes only resolved. Understand my case to verify debts and attempting to collect debts not owed my circumstances he had information! Provided was exactly what we needed also states, although i get the time of property... Popular questions from our customers real estate dispute to be used in consultation with very! 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