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Mark Steven Eisenberg

Mark Eisenberg’s Answers

153 total


  • If I am unable to locate the defendant to properly serve him to appear what other options do I have to recoup my losses?

    I currently have a small claims case set up, the problem I am experiencing is that I cannot locate the defendant. He is my roommate and has not paid his rent or utility bills for 3 months for a total of 920.00. My roommate left town and left a mes...

    Mark’s Answer

    California law (CCP 415.10 et seq) provides for four ways to serve summons: (1) by personal delivery to the defendant; (2) by delivery to someone else at defendant's usual place of residence or business (e.g. 'substitute service'); (3) by mail with acknowledgment of receipt; (4) by publication. The first three methods are unavailing since each assumes defendant's whereabouts are known. The fourth method of service, publication, requires that you first obtain a court order, which is issued only upon a showing that the defendant's whereabouts are known. If you have defendant's SSN a private investigator can help you locate the defendant.

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  • As a member of the entertainment industry I have never seen this. Can I pursue a lawsuit? Would appreciate advice ASAP. Thanks.

    Hello, So I was at a gun expo in Dulles, VA. and noticed that they were shooting a documentary. I was pulled aside and asked a few questions. The cameras were filming our conversation. Some time had passed and the documentary made it to TV Netwo...

    Mark’s Answer

    I agree with Mr. Doland. But in addition, because your sensitive financial information may have been seen by untold numbers of viewers of the documentary, you also need to contact all three credit reporting bureaus (Equifax, Experian, TransUnion) to advise them of the magnitude of the problem. Only after that has been done should you consult with an attorney to determine whether you have any legal recourse against the folks who broadcast your information. Good luck.

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  • For 20 years my next door neighbor has refused to respect my property rights. They think the deed to their house includes mine.

    They recently hired an exterminator and sent him on my roof, with no permission from me, then a gardening firm to cut down a tree in my back yard. I found him in my tree with a chain saw and chased him off my property. Of course, I have photos of ...

    Mark’s Answer

    You need to speak to a real estate attorney, particularly one who handles boundary disputes.

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  • Can i serve both form interrogatories (FL-145) and special interrogatories at the same time?

    I'm wondering if i could serve both form interrogatories (FL-145) along with typed up special interrogatories at the same time. if so will the special interrogatories be considered a first set or second set to the form interrogatories? Thank you

    Mark’s Answer

    Yes you can. If you're serving more than 35 special interrogatories, don't forget to include a Declaration for Additional Discovery, which you can find in CCP 2030.050.

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  • What can I do?

    My roommate moved out a few weeks ago. However she did not find a suitable roommate to replace her. I refuse to sign the rental addenum to release her from the contract. Now she is suing me for not releasing he from the contract and making me pa...

    Mark’s Answer

    You left out several important facts including: (1) the type of leasehold, and (2) who is named on the lease.

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  • What are my rights?

    I paid my rent on time as I usually do, the 1st of August happened to fall on a Saturday. The office is closed on the weekend but they have a Dropbox in front of the office. I always pay my rent by money order and I never really keep the stub bec...

    Mark’s Answer

    Instruct your bank to place a stop payment on your initial money order, have a new money order issued and pay the rent within the given three period.

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  • Is it illegal to spank your child in ca?

    Just wanting to know the laws on spanking in California.

    Mark’s Answer

    The simple answer: No, it's not illegal. California law is not intended to prohibit the use of reasonable methods of parental discipline, or to prescribe a particular method of parenting. Serious physical harm does not include reasonable and age-appropriate spanking to the buttocks where there is no evidence of serious physical injury. Welf. and Inst. Code Sec. 300. Abuse includes unlawful corporal punishment or injury. Penal Code Sec. 11165.6. "Unlawful corporal punishment or injury" is any person willfully inflicting upon a child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. Penal Code Sec. 11165.4.

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  • Can you argue the fact that the court did not allow me to amend my complaint prior to the civil jury trial, on appeal?

    I had an attorney that filed my original complaint. But unbeknownst to me, he did not plead all the proper claims that I had a right to include in my complaint. There should have been more claims plead in my case. I then got a new attorney, and h...

    Mark’s Answer

    You don't state exactly what order you are appealing, but I assume it's an order sustaining a demurrer without leave to amend. California judicial policy favors amendment of pleadings to include all parties and claims in the same lawsuit. This policy is so strong that denial of leave to amend is rarely justified. Courts generally apply this liberal policy to allow amendments at any stage of the proceedings, up to and including trial. Such amendment, however, must be absent prejudice to the adverse party. Alleging new facts or a new theory against the other side does NOT constitute the requisite prejudice. A key factor the courts consider when deciding whether to grant leave to amend is the diligence of the party requesting leave to amend (e.g., how long did it take to request leave and why.) You should definitely include a discussion and argument in your appeal about your two attorneys and the latter's efforts to amend. If you don't it will be waived.

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  • My neighbors trees are blocking sunlight and preventing us from planting things on our side

    My back neighbor has those tall trees for their "privacy". The problem is that it's blocking sunlight on our side, it's always dark, most of our vegetables and fruits don't grow anymore. We've asked them to trim it and explained our situation but ...

    Mark’s Answer

    Unfortunately, in the absence of an encroachment there's not much you can do. But if the offending tree is growing onto your side of the property line you can trim it back to the property line as long as you don't damage the tree.

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