Gregg Adam Martin’s Answers

Gregg Adam Martin

Los Angeles Business Attorney.

Contributor Level 9
  1. How to prove a preliminary 20 day is not served? How to determine when the construction worked stopped when it was abandoned.

    Answered about 2 years ago.

    1. George William Wolff
    2. Gregg Adam Martin
    3. Nicholas Basil Spirtos
    3 lawyer answers

    As you may know, mechanic's lien law is largely based upon statute and whether a party has complied with the requirements is always part of the analysis when litigating whether a party has properly recorded a mechanic's lien. To understand your rights/options short of contacting an attorney who does that type of work, you might try visiting the California State Contractor's Board where you can find answers to FAQs. Good luck!

    2 lawyers agreed with this answer

  2. Is California commercial tenant responsible for full lease term if in default for nonpayment & issued 3-day notice to pay/quit?

    Answered about 2 years ago.

    1. Ramin Joseph Kerendian
    2. Gregg Adam Martin
    3. Frank Wei-Hong Chen
    3 lawyer answers

    The issue is not "what kind of notice" you can issue (your typical Notice to Pay Rent or Quit will likely suffice). The issue is, what does the tenant's lease say? In California, a commercial landlord has two options when a tenant fails to pay rent: (1) they can elect to terminate the lease and retake possession and sue for damages, or (2) they can keep the lease in place and sue the tenant as rent comes due. The two remedies are codified under the Civil Code (sections 1951.2 and 1951.4,...

    1 lawyer agreed with this answer

  3. What should I know about being removed from a house loan?

    Answered almost 5 years ago.

    1. Gregg Adam Martin
    1 lawyer answer

    A quitclaim deed is not going to get you off the loan. (I'm also puzzled as to what the quitclaim deed is supposed to do as that is a transfer of a title interest. Whose transferring their interest, you or your sister?) Anyway, if you haven't notified the lender that you didn't sign the loan, you should consider whether you want to do that (and, depending on when it was signed and when you knew about it, you may run in to some problems with trying to get out of it now). Also realize that...

    2 people marked this answer as helpful

  4. Do I file to dismiss my civil lawsuit or re-file my civil complaint?

    Answered almost 5 years ago.

    1. Gregg Adam Martin
    2. Melvin C Belli
    2 lawyer answers

    I think you're saying that you haven't filed your "proof of service" within 60 days which is what you would file with the Court after you properly served the defendant with the summons and complaint. If that is the case, then you will likely expect that the Court will send a notice that it may dismiss the case if the proof of service is not filed by a certain date absent your showing a reason why it shouldn't be dismissed. In Los Angeles, the Superior Court will typically issue what is known...

    2 people marked this answer as helpful

  5. Can landlord evict a tenant "just because?" Tenant is paying the rent on time, is not a nuisnce and not breaking any rules?

    Answered almost 5 years ago.

    1. Gregg Adam Martin
    2. Matthew Edward Williamson
    2 lawyer answers

    The answer depends on knowing a few things but particularly: (1) Do you have a month to month tenancy or do you have a lease that has a term on it? (2) Is the apartment in a rent control or rent stabilization zone? If the answer to (1) is you have a term left, then the answer to your question is generally no unless you are in default on your lease and there's grounds for termination and eviction (which your questions suggests you are not). I don't know if Palm Springs (or wherever this...

    2 people marked this answer as helpful

  6. If my ex-wife forecloses on the house (which she retained in the settlement) can the second mortgage company sue me?

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. Douglas Whitney Weitzman
    3. Gregg Adam Martin
    3 lawyer answers

    If you personally signed the note and deed of trust for the 2nd, you are personally liable for the debt. You may have indemnity rights under your marital settlement agreement or in equity. Consultation with an attorney should be considered. Disclaimer: The information given here is based upon incomplete information and may not be current or apply to your particular situation. You should not rely upon this information to act or refrain from acting without seeking the advice of professional...

    1 person marked this answer as helpful

  7. Does the boyfriend of my tenant have legal standing in my 1 bedroom condo? He is not on the lease.

    Answered almost 4 years ago.

    1. Gregg Adam Martin
    1 lawyer answer

    Technically, he's not your tenant and he's Cindy's guest. Some leases specify the tenant's rights to have overnight guests and they also can specify the number of occupants. So you may have grounds for eviction but given that it's August now, I'm not sure that you can do much about Tony before he plans to leave any way and I'm not sure it would be worth the bother unless he holds over. You need to read Civil Code Section 1950.5 carefully as it specifies your obligations regarding the...

    1 person marked this answer as helpful

  8. How to file a request to set case for trial-Unlawful Detainer

    Answered almost 5 years ago.

    1. Gregg Adam Martin
    2. Frances Miller Campbell
    2 lawyer answers

    Your question is a little confusing as it is landlord's that file unlawful detainer complaints and it is the landlord that serves and files the Request to Set Case for Trial. Assuming the landlord served that on you, that means the Court will be setting a trial date assuming everything is in order and sending you and the landlord a notice by mail as to when the trial will be set. So what you were told is generally right and you can wait for the Court to let you know when the trial is....

    1 person marked this answer as helpful

  9. Homeowners Association - out of compliance issue

    Answered almost 5 years ago.

    1. Gregg Adam Martin
    2. Pamela Koslyn
    2 lawyer answers

    I can tell you that your fighting an uphill battle and that based upon your description, you are likely to be on the wrong side of this dispute. I think you need to have someone look at your CC&Rs and Bylaws, proposed addition, and determine if there's any legal basis for you to fight this. Be prepared, however, that you are likely to have little or no ability to override the HOA's decision as this would appear to be an issue well within its authority and discretion. Good luck!...

    1 person marked this answer as helpful

  10. If i signed a two year lease and the bank now owns the house, how long can I stay on my lease?

    Answered almost 4 years ago.

    1. Gregg Adam Martin
    1 lawyer answer

    The answer depends upon whether your lease is subordinate to the loan the bank had and whether the bank foreclosed on its interest. If the answer to both questions is yes, then you have, at most, a periodic (month to month) tenancy and would be subject to 30 days notice to terminate your tenancy. See, Principal Mut. Life Ins. Co. v. Vars, Pave, McCord & Freedman (1998) 65 Cal.App.4th 1469, 1478, 77 Cal.Rptr.2d 479, 484 (a tenant who remains in possession after his or her subordinate lease...