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Subject Matter Jurisdiction Brief
Interpleader case where determination was to be made as to who was entitled to life insurance proceeds. Once insurance deposited funds to registry of court they were allowed to withdraw from case and there was no longer an issue of diversity for jurisdiction so court required brief as to why jurisdiction and venue was proper in federal court. Used in Colorado US Federal District court but may be used in all federal courts
Motion to Avoid Judicial Lien
THE DEBTOR, by and through counsel Martinez, Law Firm, LLC, moves this court to avoid judicial lien by stating as follows:
1. Debtor commenced this case on October 19, 2011 by filing a voluntary petition for relief under Chapter 7 of Title 11 of the United States Code.
2. The debtor owns real property occupied as his home located at 5943 S. Tempe Way, Aurora, CO 80015, Arapahoe County Colorado. The debtor believes that the value of the homestead is $224,000 as stated in his schedules.
3. Pursuant to 28 USC 1334, this court has jurisdiction over this motion filed under 11 USC 522(f) to avoid and cancel three judicial liens, to wit:
Motion to Dismiss for Lack of Jurisdiction
COMES NOW, Martinez Law Firm, LLC, behalf of Defendant, Marisa Aranda, and hereby submits this Motion to Dismiss for Lack of Jurisdiction by stating as follows:
1. On January 5, 2015, Defendant, Marisa Aranda was issued a Uniform Summons and Complaint or Penalty Assessment alleging driving under the influence, DUI per se, failure to present insurance and failure to obey a traffic signal. See attached Exhibit 1. In the Summons the officer states the offenses as alleged occurred in Arapahoe County, CO. The Colorado State Patrol Case Report also states the alleged offenses occurred in Arapahoe County, See attached Exhibit 2.
Entry of Appearance, Motion for Discovery, Waiver of Arraignment, Request for Pre-trial Conference
COMES NOW, Martinez Law Firm, LLC, who enters their appearance on behalf of Defendant, Marisa Aranda, and hereby waives arraignment/first appearance set for March 11, 2015, requests a pretrial conference with the Arapahoe County District Attorney at a mutually agreeable time, and requests an Order directing the prosecuting attorney to immediately provide discovery of the following material relevant to this case:
Motion for Reconsideration on child Support Order and or Abatement
Child Support issue where client was over charged by a court order on child support. We requested reconsideration and credit for support already paid with the proposed order
Complaint to Determine Dischargeability of Debt Persuant to 11 U.S.C. 523(a)
A couple filed a bankruptcy against my client and since my client believed they perpetrated fraud against my client I filed this complaint in federal court to stop the bankruptcy from affecting my clients claims.
Motion to Modify Maintenance
A Simple one page Motion to Modify maintenance filed in Boulder County Colorado
Motion to Modify Parenting Time
In depth Motion to Modify Parenting Time and Parental Responsibilities. A Post Decree motion claiming that the current orders are to restrictive and custodial parent is alienating parent from child.
Motion for a forthwith hearing and Interim Orders
Filed a motion when parent was refused normal parenting time as ordered by the court.
Motion for Judicial Review – Child Custody
A motion filed to review a magistrates decision. Filed after magistrate entered order client disagreed with. A lengthy and difficult custody case
Motion to Continue Trial
A simple motion to continue a trial in misdemeanor case when Attorney was just recently hired
Independent Contractors Agreement
Contract for Independent Contractor work
An Independent Contractor Agreement is a written contract between two parties for a specific service or project. One person or company is hiring another to help on a short term task. Unlike an employment agreement, this document clearly spells out why the party being hired is not an employee for legal and tax purposes.
Three Common Construction Contracts
– FIXED PRICE. Fixed price construction contracts, also commonly referred to as “lump sum” or “stipulated sum” contracts, are the most common types of construction contracts. …
– COST PLUS. …
– GUARANTEED MAXIMUM PRICE.
In some cases, A general contractor is also the builder on your project and will use his own team and subcontractors for both construction and the mechanical work. … In metropolitan areas, this work is more commonly divided out between a general contractor who oversees the whole project and keeps a builder on task.
Breach of Contract/ Breach of Warranty and Implied Warranty
I used this complaint in a successful lawsuit against a contractor that did not perform his duty as hired. Work was not done in a professional manner, filed this complaint and won a jury trial.
Brief on Motion for Summary Judgment on Breach of Contract/excessive lien
Great brief on a breach of construction contract claim and lien, where my client was claiming the lien filed was excessive