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Stephen@stephenshepard.com

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Stephen Shepard, Attorney At Law
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THE CONVENIENCE OF TELEPHONIC COURT APPEARANCES

Most court hearings may be handled by using your telephone.  If the hearing does not require evidence or witness testimony, then you can appear in court telephonically.  The savings of time and expense by appearing telephonically are tremendous.  And the convenience of appearing in court from your own office is sublime: you are in public, on the record, and in court, all from a comfortable setting.  Simply make arrangements ahead of time with approved court-call providers.
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A NEW BEGINNING FOR A NEW YEAR

If you are a follower of Jesus Christ, you are a new creation and all things are new.  In Him, we live and move and have our being.
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IT’S OK TO SAY “MERRY CHRISTMAS”

Merry Christmas! May the Spirit of the Lord Jesus Christ lay hold of your heart unto a new birth.  
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IT’S OK TO SAY “MERRY CHRISTMAS”

Jesus is the reason for the season.  Were it not for his birth, there would be no celebration.  Do not leave the “Christ” out of Christmas.  So, don’t just say “Happy Holidays;” say, “Merry Christmas!”
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NEITHER A LENDER NOR A BORROWER BE…

This line from Shakespeare is originally from the proverbs of Solomon in the Bible.  Jesus went further and said, “Lend and expect nothing in return…”.  Yet, in the harsh realities modern day mortgage lending, a collateral or security for your loan is always necessary.  In other words, do not loan money without some backup to collect from in the event of a default from your borrower.  The person who loans money without collateral is often left holding a bad debt; but the loan that is secured by collateral, in the best cases, real property, is always collectible.
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IF YOU SUE ME, I WILL SUE YOU BACK! I DON’T THINK SO…

Malicious prosecution.  That is what we call it when we sue somebody for suing us.  But in order to prevail in malicious prosecution, a party must first prevail on the underlying lawsuit.  So, if you sue me, and win, I do not have a case for malicious prosecution.
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TITLE OF THE PROPERTY IS NOT AN ISSUE IN EVICTION CASES

With limited exceptions, title cannot be tried in unlawful detainer actions.  For this reason, an unlawful detainer action is usually the preferred remedy for landlords seeking to recover possession of the premises.  Normally, title disputes cannot be litigated in an unlawful detainer proceeding; the proper proceeding for litigating title is a quiet title action.
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BEWARE WHEN BUYING FORECLOSURE PROPERTY

A well-known tactic used by the occupants of homes that have been foreclosed is to delay their inevitable eviction by claiming your title is clouded.  It will keep them in the property longer, but only temporarily.  The most important thing to do when the claim of clouded title in court creates an issue of ownership is to fight such a claim in court, or otherwise lose your investment in the foreclosure property.
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A HIGHER LAW

The federal district court has ruled that California’s Proposition 8 banning gay marriage is unconstitutional.  The court reasoned that a law banning gay marriage has no rational relation to a legitimate government interest.  That reasoning may be legitimate constitutional analysis but it misses the mark in moral analysis.  Homosexual behavior is wrong. 
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DO YOU HAVE A WILL OR LIVING TRUST?

You know you have been thinking about it.  Give me a call.
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