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Mark Steven Eisenberg
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Mark Eisenberg’s Answers

150 total


  • 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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  • My attorney served me via mail within California with Notice of Motion and Motion to Be Relieved as Counsel-Civil (MC-051) that

    included a date and time set for a hearing. CCP 1005 (b) requires that I would be served at least 16 court days plus another 6 court days (totaling 24 court days) before the hearing. I was served less than these 24 court days. Does this render the...

    Mark’s Answer

    I agree with Mr. Barnes. Go back and read the service statute again.

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  • Is it legal for a retail store to use their security video recording to settle a dispute over what their salesman said or didn't

    My wife went to a Verizon Retail store to get a replacement cell phone. She is an English learner and has a pretty good vocabulary but does not fully understand fast speaking Americans. When she left the store, she had a new iPhone for everyone on...

    Mark’s Answer

    Since the surveillance video is Verizon's property, Verizon has no obligation to voluntarily share it with you. If the store manager won't let you see view it, submit a written request to Verizon's loss prevention department. If that doesn't work, you'll probably have to subpoena the video in a civil proceeding.

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  • Is there a statute of limitations on Fraud cases?

    If the police have a bunch of information regarding money fraudulently taken from a group of people how long do they have to file criminal charges?

    Mark’s Answer

    The statute of limitations for fraud is three years from the date of discovery of the facts giving rise to the fraud. See Code of Civil Procedure section 338.

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