Shaun K. Boss's Answers

Can I sue my neighbors for repeatedly disturbing the peace?

You could file suit to abate a private nuisance. The problem with the lawsuit is that it will involve significant time and expense. Do other tenants have a problem with this neighbor? I'm surprised that the landlord has not been more responsive. The City of San Diego does have an ordinance that deals with noise abatement and there is a phone number to call in the govenment pages of the telephone directory to register a complaint. Other local municipalities also have similar ordinances....

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When does foreclosure proceeding on a house start?

Lenders do generally send "Notice of Default" letters. However, the actual foreclosure process does not begin until the lender's representative, the "Trustee" records a "Notice of Default and Election to Sell", which is supposed to be mailed to you at the property address. This starts a 90 day "reinstatement period" during which the default may be cured. After the reinstatement period has expired, the Trustee can record a "Notice of Trustee's Sale". The default may be cured up to 5 days...

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How do i respond to a complaint- summons for partion of real estate

If you and your brother are co-tenants of a present interest in the property either of you can seek a partition. If the property cannot be physically divided, it will be ordered sold by the Court. The plaintiff in an action for partition may recover costs of suit, which can include the cost of a title policy and an appraisal. With limited exceptions, there is no defense to a claim of partition and the plaintiff is likely to prevail . I would suggest that you attempt to settle the claim to...

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I would like to adopt my 9 year old stepson?

You can file a Petition in the Superior Court for a Step-Parent Adoption. Unless you can find the natural father and obtain a written consent, you will also have to file a Petition for Freedom from Custody and Control. The natural father will have to be served with a Citation giving notice of those proceedings. If he cannot be located it may be possible to serve him by other means, including publication of the Citation in a newspaper of general circulation in his last know place of...

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What is the procedure for removing a partner from a partnership under California partnership laws

You can't "fire" a partner. Partners are owners not employees. If the partnership agreement is silent on the valuation of partnership interests, it will be necessary to negotiate with the non-contributing partner. It may be helpful to get a valuation of the partnership business. The value of the non-contributing partner's share is less than one-quarter of the value of the whole, because a minority interest in a business has no "control" over the business operations as the non-contributing...

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What is a guarantor liability relatively rental payments?

You will probably be unsuccessful in you suit against the father, because he didn't sign the rental agreement or a separate guaranty of payment. You could argue that you wouldn't have rented to the daughter absent the father's agreement to be responsible for payment and that you relied to your detriment on his oral promise to pay, but it is not a strong argument. You may want to file a small claims action against both father and daughter. Your claims against the daughter are much stronger.

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Do I need to go through probate for letters testamentary?

It may be necessary for your mother to file a petition in the Probate Court if the value of your father's estate exceeds $100,000.00. If his estate is less than $100,000.00 you may be able to satisfy Cal Vet by using an affidavit under Califonia Probate Code section 13101. You can read the Probate Code sections for administration of small estates begining with section 13000 by googleing "find California law" on your web browser.

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I was told there are 3 documents necessary to purchase a real estate judgement from the creditor who filed it. What are they?

An assignment of the Judgment should be prepared and filed with the Court. It will also be necessary to record the assignment with the County Recorder's Office. This step is necessary because in order for the judgment to attach to real estate in the name of the judgment debtor, the original judgment creditor would have recorded an "abstract of Judgment". The assignment of judgment to be recorded should identify the recorded abstract by date of recording and document number.

Can an unlicensed bldg. contractor file a mechanics lien legally?

To have the right to file a mechanic's lien, a lien claimant must have a license. See California Civil Code section 3110. Even a valid claim of lien must be "perfected" by filing suit to foreclose the lien within 90 days of the recording of the lien. If suit is not filed within that time period the property owner may file a petition with the Superior Court to remove the lien. The Court may award a successful petitioner up to $2,000 in attorneys fees in addition to costs of suit under the...

Can I flie an injunction to stop sale of my house?

If you have paid the loan in full and received a full reconveyance, there is nothing to foreclose. Has the foreclosing trustee filed a "notice of default and election to sell"? This filing starts a 90 day re-instatement period. If they have done so there should be a "TS" (Trustee's sale) number on the Notice of Default. I would suggest that you send the foreclosing trustee a certified copy of your reconveyance by certified or registered mail with a letter referencing the TS number and...