Mark Steven Eisenberg’s Answers

Mark Steven Eisenberg

Los Angeles Litigation Lawyer.

Contributor Level 10
  1. My dad wants to get rid of our home and sign it to us and we dont want to lose it.

    Answered 3 months ago.

    1. Mark Steven Eisenberg
    2. Paula Brown Sinclair
    3. Michael Leo Potter
    4. James Charles Shields
    4 lawyer answers

    The transfer of real property in Los Angeles County (which includes the city of Lynwood) among parents and their children is exempt from reassessment. Consult with a competent real estate attorney who can advise you regarding the proper use of L.A. County's Preliminary Change of Ownership form and your options for assuming title from or with your father.

    9 lawyers agreed with this answer

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  2. A demurrer to my complaint was sustained with leave to amend. My complaint originally did not state DOES 1 to 50.

    Answered 3 months ago.

    1. Mark Steven Eisenberg
    2. Jose Isaia Ybanez Utzurrum
    3. Robert Bruce Kopelson
    4. William Nicholas Blasser
    5. George Anthony Munoz
    5 lawyer answers

    There's a difference between designating Doe defendants in the caption of your lawsuit (e.g., naming "DOES 1 to 50") and substituting a later-discovered defendant in place of a designated Doe defendant. You may still designate Doe defendants in your amended complaint as long as your claim(s) against them are not barred by the applicable statute(s) of limitations.

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  3. Do I need a Real estate Attorney ?

    Answered 8 months ago.

    1. Mark Steven Eisenberg
    2. Thomas Logan Watters
    3. Nicholas Basil Spirtos
    4. Kevin Arnold Spainhour
    4 lawyer answers

    Your contractor is doing so many things wrong here. Asbestos has been banned in the U.S. since 1978. As a result, there is a whole body of law governing the testing, removal and disposal of asbestos from pre-1978 construction. Only a licensed certified asbestos company is allowed to test for, remove and dispose of asbestos. The law requires contractors to include very specific disclosures in their contract as to whether they are a certified asbestos consultant. Any competent contractor...

    7 lawyers agreed with this answer

  4. How can I claim the money I deposited to buy a house? While in escrow, I decided not to buy the house and eventually the builder

    Answered over 1 year ago.

    1. Mark Steven Eisenberg
    2. Adam Jay Jaffe
    3. Michelle A. Perfili
    3 lawyer answers

    If builder was the seller/owner of the property, then builder defaulted under the purchase contract when it went out of business. Contact the State Controller's office via certified mail, include a copy of the purchase contract, and explain that the buyer's default entitles you to a full refund of your deposit.

    7 lawyers agreed with this answer

  5. If I submit on a tentative ruling, does that mean I agree with what's in it?

    Answered 3 months ago.

    1. Mark Steven Eisenberg
    2. Charles Richard Perry
    3. Mark M. Oxford
    3 lawyer answers

    Unless your motion is a total dud (in which case you wouldn't have brought in the first place), I would NEVER waive oral argument, especially on a motion that I took the time and expense to prepare and file. Just because the tentative is against you doesn't mean you'll lose. There are many reasons for a tentative to go against you. Perhaps the person who worked up the motion missed an important case cited, or misunderstood an important point of law and/or fact. Or one of the papers you...

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  6. What do I do? On the civil case cover sheet there is no box to check for filing a divorce.?

    Answered 4 months ago.

    1. Mark Steven Eisenberg
    2. Shazad Z Omar
    3. Wail Sarieh
    4. Richard Eric Anthony Dwyer
    4 lawyer answers

    The Family Court and the Civil Court are two separate divisions of the Superior Court, each with its own set of forms. In a divorce case you use the family court cover sheet, form FAM020, not the civil case cover sheet.

    6 lawyers agreed with this answer

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  7. My case aug 25th 2014. What is the discovery cutoff date? Do i need to respond if they sent demand for doc with mark of 6/25

    Answered 3 months ago.

    1. Mark Steven Eisenberg
    2. Tobie Brina Waxman
    3. Peggy Margaret Raddatz
    3 lawyer answers

    With a trial date of August 25, your discovery cut-off (e.g., your discovery completion date) is 30 days before the trial date, or July 26. Discovery is deemed "complete" when both the requests AND their responses have been served within statutory time limits. Assuming from your facts that the document demand was served by mail on June 25, you would have a total of 35 days from the date the demand was served to respond (30 days plus five additional days for service by mail) which means your...

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  8. Will the clock to answer the complaint restart upon the 1st Amended Complaint?

    Answered 3 months ago.

    1. Mark Steven Eisenberg
    2. Michael Ross Lykken
    3. Abraham P Mathew
    3 lawyer answers

    The filing of an amended complaint begins a new round of pleadings. The amended complaint supersedes the previous complaint as the "operative" pleading. The practical effect is that each party is required to file a new response to the new (amended) complaint, regardless whether that party answered the previous complaint. Each party has 30 days (or however many days the judge orders) to respond to the amended complaint. To be clear, even a defendant who filed an answer to the previous...

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  9. What type of attorney can I seek legal advice from regarding an injury of a disabled person at an apartment complex?

    Answered 20 days ago.

    1. Mark Steven Eisenberg
    2. Ara Saroian
    3. Christian K. Lassen II
    4. Christopher John Gansen
    4 lawyer answers

    Consult with an attorney who specializes in personal injury law. There are many to choose from here on Avvo.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. If someone files a complaint, are you officially notified of the complaint?

    Answered 4 months ago.

    1. Mark Steven Eisenberg
    2. Kevin H. Pate
    2 lawyer answers

    The mere filing of a complaint in court does not provide notice on the defendant, nor does it confer the court's jurisdiction over the defendant. In order for that to happen the defendant must be properly served with both the complaint and a duly issued summons from the court.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful