Tara Renee Burd’s Answers

Tara Renee Burd

San Diego Litigation Lawyer.

Contributor Level 5
  1. How can I contact a Torrance Superior Court's clerk via phone and directly talk to someone?

    Answered over 2 years ago.

    1. Christine C McCall
    2. Tara Renee Burd
    3. Frank Wei-Hong Chen
    3 lawyer answers

    It sounds like you already have an open case. Have you tried looking up the judge handling your matter? It can be found on the Los Angeles Court Website. Look up Locations, and there is a Judge Directory tab. Good luck.

    6 lawyers agreed with this answer

  2. The apartments where i live was recently sold and the new owners are trying to raise the rent but i have lease already.

    Answered almost 3 years ago.

    1. Tara Renee Burd
    2. Frank Wei-Hong Chen
    3. Dave Bahr
    3 lawyer answers

    My colleagues are correct. Ultimately, your issue comes down to the terms of your lease. If you're in a fixed term, it is less likely the new landlord will be able to increase your rent. However, at the expiration of a fixed term, many leases allow landlords to raise the rent as long as the landlord provides adequate notice to the tenant (such as 60 days notice).

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  3. Can not take possession of an apartment due to school canceling class, but signed a lease. What is our liability?

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Tara Renee Burd
    3. Gordon Andrew Petersen
    3 lawyer answers

    Without reading your lease, it is impossible to know the extent of your liability. Generally, however, a lease will contain provisions that state when and how you may cancel it. It sounds as though you are leasing a school-apartment of some sort and there is likely language in the lease that releases your obligation if you can no longer attend classes. I suggest you start by reviewing your lease and then discuss the issue with the landlord immediately. Liability for any breach on your part...

    4 lawyers agreed with this answer

  4. What to expect from Unjust Enrichment defense?

    Answered almost 3 years ago.

    1. Michael Charles Doland
    2. Tara Renee Burd
    3. Frank Wei-Hong Chen
    4. A Melissa Johnson
    5. Dave Bahr
    5 lawyer answers

    Your affirmative defenses have nothing to do with what a judge ultimately awards. Affirmative defenses raise issues that are not otherwise raised by the complaint but that, if proven by the Defendant, can reduce Plaintiff's award (such as an off-set) or tip the results in Defendant's favor. Interest and attorneys fees are also completely separate issues. Attorneys fees may be awarded only if they are included in a contract on a breach of contract claim, or exist by statute. Without reading...

    4 lawyers agreed with this answer

  5. A contractor I referred to my customer verbally agreed to pay me when work was done and did not. Can I collect in Small Claims?

    Answered almost 3 years ago.

    1. Tara Renee Burd
    2. Michael Anthony Licari
    2 lawyer answers

    I agree with the other attorney that a mechanic's lien may be available. I also recommend drafting a written agreement to use in the future. There is no sense continuing to make verbal agreements which are often ambiguous if this is a regular course of business. Also be mindful of the statute of limitation for an oral contract which is generally two years. (California Code of Civil Procedure Section 339.) This means that you must bring your claim within two years of the breach.

    2 lawyers agreed with this answer

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  6. I accused someone who works for my same employer of making threats. Can this person now turn around and sue me?

    Answered almost 3 years ago.

    1. Jonathon Kaplan
    2. Tara Renee Burd
    3. Nicholas Basil Spirtos
    4. Ryan D Metheny
    4 lawyer answers

    To add to my colleague: Absent further information, I am not aware of any instance in which a homeowner's policy would defend you in a suit unrelated to your home.

    2 lawyers agreed with this answer

  7. I sold a Coach bag online from a community sales page on Facebook.

    Answered over 1 year ago.

    1. Dana Howard Shultz
    2. Tara Renee Burd
    2 lawyer answers

    I would not worry. Strangely enough, I have handled a litigation over the sale of a $65,000 purse. Your purchaser here had an opportunity to inspect the purse, did so, then handed you money without any guarantee from you as to its authenticity. This girl also probably does not have proof that it's fake. $55 is not worth either a civil suit against you or criminal charges. Moreover, a good knock-off could easily cost $55.00 so the pricing was in no way outrageous.

    1 lawyer agreed with this answer

  8. If a tenant mails partial rent to the landlord after the S&C(U/D) has been filed can the landlord keep the money continued....

    Answered almost 3 years ago.

    1. Tara Renee Burd
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Unlawful detainers require precision. This includes notice to the tenant which states the exact amount owed. If the landlord accepts the partial payment by the tenant, the notice is technically improper and the landlord must start all over again with the U/D process. If you're a landlord proceeding with a U/D, you need to decide whether the partial payment is worth starting the U/D all over again. If it's not, you don't want to accept the partial payment.

    1 lawyer agreed with this answer

  9. What legal recourse do I have against my landlord? Month to month rental agreement.

    Answered almost 3 years ago.

    1. Tara Renee Burd
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Marijuana and crack cocaine are treated very differently under the law, including landlord-tenant law. Crack cocaine is an illegal drug which means the other tenant is breaking the law. In contrast, possession of marijuana in relatively small amounts is merely an infraction similar to a traffic ticket. The landlord probably has a right to divulge the information to the other tenant since he was, in theory, warning him to correct his behavior in order to protect your right to "quiet enjoyment....

    1 lawyer agreed with this answer

  10. I financed a vehicle for my ex & he has been late on payments, we have a notarized agreement that he's defaulting. what can i do

    Answered almost 3 years ago.

    1. Scott Richard Kaufman
    2. James Michael Slominski
    3. Tara Renee Burd
    3 lawyer answers

    Although I cannot give you legal advice, I agree with the other attorneys, that you may want to immediately sell the vehicle in order to mitigate any further loss to yourself. However, it sounds like you also have a contract with your ex to pay you. Even if you sell the car, he is still liable to you for any damages based upon that contract. If damages are not too high, I would suggest considering small claims court against your Ex. In small claims, you do not need to hire an attorney and...

    1 lawyer agreed with this answer