Legal Question in Civil Rights Law in California

fast court order

If a father has fallen in care center, incapable physically & mentally, almost dying, how can the daughter, the sole relationship; obtain anything from court to stop an Auction on his storage room?? and get the right to have his objects? His doctor is out of the country & won't be back for another month & the doctor on call does not want to get involved. The storage is going for auction by next tuesday.


Asked on 3/18/08, 2:32 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: fast court order

Payment stops any such auction, that would be your easiest remedy. Contact whoever is doing the auction and remind them the law provides you some protections and remedies from improper and disputed sales. All communication should be in writing to have proof of statements made. Request they stop it pending resolution of the dispute and return of the responsible parties [doctor]. Request they negotiate payment under protest. Try to resolve it without litigation; you'll spend considerable money trying to get a court order; Close to $400 in filing fees and service costs; probably approaching a couple thousand in attorney fees, more if it turns into a time consuming dispute in court. Contact me if serious about doing so, but a local attorney would be less expensive in travel time.

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Answered on 3/18/08, 3:13 pm


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