Domestic case where mother aquires a protective order against father. 1 year passes since final order has been issued in protective order case when father discovers that the mother commited fraud upon the court. Father decides to attack the judgm...
No, the federal district court does not have subject matter jurisdiction to hear such disputes. Federal court jurisdiction is limited to the types of cases listed in the U.S. Constitution and specifically provided for by Congress. Generally speaking, federal courts only hear cases in which the United States is a party to the lawsuit; cases involving violations of the U.S. Constitution or federal laws; cases between citizens of different states but only if the amount in controversy exceeds $75,000; and bankruptcy, copyright, patent, and maritime law disputes.See question
Someone borrowed money from me. A lot of money.. 20k. . No contract was written. I want my money back!! What can I do? Thank you,Veronica Lloyd.
Filing a limited jurisdiction superior court lawsuit is fairly easy for any civil litigation attorney to do. The difficult question is the collectability of a judgment, which will probably require an asset search. The reason collectability is an issue for many attorneys is because it may affect the manner in which the attorney charges you to take your case (e.g. hourly, fixed fee or contingency fee). Also, in the Los Angeles Superior Court, filing a limited jurisdiction case today usually means your trial will be set for sometime in the spring of 2017 (18 months from now).See question
So I moved in on the 1st and paid a full months rent plus a security deposit. No lease or contract was signed. The landlord told me I could have the deposit back if I gave 30 days notice. I gave notice on the 10th of the month and intended to move...
You need to move out first before you are entitled to receive a return of your security deposit. The landlord has 21 days after you move out to return your deposit. You are not entitled to your deposit now. If the landlord refuses or fails to return your deposit or any portion thereof after the 21 days, you can sue in small claims court to recover the amount still owed to you.See question
My lease is up 11/30/15 and i have been a resident in this sane unit over a year. I got a 60 day termination of tenancy on 10/22/15 with a move out date of 12/30/15. Spoke to fair housing authority and the lady said that they gave me the notice ...
No notice is required if the fixed term lease expires on 11/30/15. However, if the tenancy automatically converts to a month to month tenancy, then the landlord must give you 60 days notice from the expiration of the fixed term lease (since by then you have been a tenant for more than 12 months). The 60 day notice which purports to end the tenancy on 12/30/15 would be invalid (unless there are other provisions in the lease which dictate the amount of notice to be given).See question
UD filed, I filed a motion to strike and it is on calendar to be heard...how can a request to set case for trial be submitted when an answer has not even been submitted?
A Request to Set Case for Trial must represent to the court that the case is ready to be set for trial. If an answer to the complaint for unlawful detainer has not yet been filed (since a motion to strike is pending), the court could still set the case for trial so long as all defendants have been served and have "appeared" or have had a default or dismissal entered.See question
Can a processor serve papers to someone's door without speaking to anyone first? Or anyone being home?
In order to effectuate proper substituted service, an adult at the residence or place of business must be present. The authority for substituted service is provided under California Code of Civil Procedure section 415.20(2):
"If a copy of the summons and of the complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing."See question
Does a 60 day notice have to be given to tenant in Spanish? Their lease is in Spanish, but most of the addendums are in English as they were not available in Spanish. They do speak limited English and their adult son (currently not on lease) spe...
No, there is no such translation requirement under California Code of Civil Procedure section 1161. Only contracts in certain instances require translation. See California Civil Code section 1624.See question
How much time does a person have to make a motion for reconsideration in the unlimited jurisdiction of the superior court? Also, what section of law is this stated in?
A motion for reconsideration is governed by California Code of Civil Procedure section 1008(a), which provides:
"When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown."
In essence, Code of Civil Procedure section 1008 imposes a jurisdictional bar on a court to reconsider an order, on a party's "application," unless the party shows new or different facts, circumstances or law.See question
I found out that My former employer, a multi apartment complex building owner, is using different Business entities (including using different business names) to commit Fraud ( hiring people working for her then firing them wrongfully to break he...
Yes, the alter ego theory might apply in this instance to find the individual liable for the LLC's obligations. In order to raise an alter ego allegation, a plaintiff must provide sufficient facts to show that:
(1) the LLC is not only influenced and governed by a person, but also that there is such a unity of interest and ownership that the individuality, or separateness, of such person and the LLC has ceased and
(2) an adherence to the fiction of the separate existence of the LLC would, under the particular circumstances, sanction a fraud or promote injustice. (Associated Vendors, Inc. v. Oakland Meat Co. (1962) 210 Cal.App.2d 825, 837.) Factors which have been described in the case law include inadequate capitalization, disregard of corporate/LLC formalities, lack of segregation of corporate/business records, and identical directors and officers. No one characteristic governs, but the courts must look at all the circumstances to determine whether the doctrine should be applied.
If you moved on to a property with a house with permission never had a rental agreement and improved the property. The landlord payed the taxes and then sold the property and you continued to live on the property for up to five years could you cla...
No, if you initially moved into the house as a tenant with the owner's permission, this would not qualify for adverse possession. Also, you would have had to have been the one paying the property taxes, not the former landlord. In California, the elements necessary to establish ownership of real property by adverse possession are as follows: “(1) the payment of taxes, (2) actual possession which is (3) open and notorious, (4) continuous and uninterrupted for five years, (5) hostile and adverse to the true owner's title, and (6) under either color of title or claim of right.” (California Maryland Funding, Inc. v. Lowe (1995) 37 Cal.App.4th 1798, 1803.) For adverse possession in California, the claimant must meet all of these elements.See question