David M Blain’s Answers

David M Blain

Dana Point Litigation Lawyer.

Contributor Level 11
  1. VERY BAD LANDLORD I NEED HELP!!!

    Answered over 2 years ago.

    1. David M Blain
    2. William Stanley Fitch
    2 lawyer answers

    It doesn't sound like a safe place to live. You should consider moving. The LL is not responsible to you for the noise created by the garage doors as they open and close. The LL is also not responsible for the general cleanliness of the unit, whatever that means. If there is a termite infestation or other rodent or insect infestation you should provide your landlord in writing in notice of the issue. Same goes with the electrical issues, mold and lack of safety detectors. If he fails to...

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  2. In texas will i be arrested for neglect if the case is closed?

    Answered over 2 years ago.

    1. Richard Kurt Arbuckle
    2. David M Blain
    3. Bobby Dale Barina
    4. Kevin Coluccio
    4 lawyer answers

    Let me first say that I am so sorry to hear about your son. That is truly a tragic event and I can't even imagine the pain and the loss that you must be going through. I have young children of my own and cannot even fathom the pain of losing one of them. As for your question, there's really not much you can do. If the police continue to contact you and ask you questions then it might be a good idea to lawyer up.

    4 lawyers agreed with this answer

  3. Appealing Eviction, I'm the tenant.

    Answered over 2 years ago.

    1. David M Blain
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Sadly, no. Winning on appeal will not likely lead to your ability to recover possession of the premises.

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  4. Limited Civil case, the limit is 35 total requests, does this include admissions, interrogatories, and request for docs?

    Answered about 2 years ago.

    1. James Carl Eschen III
    2. David M Blain
    2 lawyer answers

    Yes. See California Code of Civil Procedure section 94, subdivision (a)(1) - (3). You're also only allowed one deposition. See Cal. Code Civ. Proc. section 94, subdivision (b). A good idea, though, is to serve a case questionnaire with the complaint as authorized by section 93. That way you can get basic information like names, addresses, witnesses, etc. without having to waste any of your 35 questions. http://www.leginfo.ca.gov/cgi-bin/displayco

    2 lawyers agreed with this answer

  5. I recieved 3 different requests to set for trial (UD) from my landlord with 3 different dates, What should I do?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Robert Bruce Kopelson
    3. David M Blain
    3 lawyer answers

    You can also check online the status of your case. If a trial date has been set by the Court it will be posted on line as well. Assuming the case has been filed in Los Angeles County because that is where the question was posted, you can find the LA Superior Court website here: http://www.lasuperiorcourt.org/ You'll need the case number as well as the name of both parties and the address of the residence.

    2 lawyers agreed with this answer

  6. Is it possible to file a declaratory of relief in California myself to request the judge to void/terminate my apartment lease?

    Answered over 2 years ago.

    1. David M Blain
    2. Frank Wei-Hong Chen
    2 lawyer answers

    I agree with Mr. Chen. You are responsible to the Irvine Company under the lease agreement that you signed. Unless the Irvine Company decides to release you from any liability, they can claim any unpaid rent from you. However, the Irvine Company cannot recover damages which through the use of reasonable care and efforts could have been avoided. For example, if you had 9 months left on the lease and through reasonable efforts the Irvine Company re-rented the unit after 2 months, then you'...

    2 lawyers agreed with this answer

  7. Do I have rights if letter w damages and money owed for rent was sent 70 days after I moved out

    Answered over 2 years ago.

    1. David M Blain
    2. Adam Jay Jaffe
    2 lawyer answers

    The LL had 21 days to mail you a letter outlining the reasons why he withheld your security along with proof of payment in the amount withheld. And, if there is any security leftover, he must return that with the letter and proof of payment for deductions. Again, this must be done w/in 21 days of you leaving the premises. The LL's failure to do this exposes him to liability in the amount of actual damages and statutory damages in the amount of twice the security if you can show the he...

    2 lawyers agreed with this answer

  8. What can i do if defendant's demurrer and motion to strike is filed after the 30 days allowed to answer?

    Answered over 2 years ago.

    1. Isileli Tupou Manaia Mataele
    2. David M Blain
    3. Jeannette Charlotte Christine Darrow
    3 lawyer answers

    The first thing you need to do is calculate the 30 day period the Defendants had to respond. It appears form your question that it is going to be close and that each Defendant was not served on the same day. As the other attorney noted, the method of service and any weekends or Court Holidays will effect the 30 day period. If their Response is untimely then you still need to oppose the motion and demurrer. Bring this issue up as point number one. BUT, do not rely only on that procedural...

    2 lawyers agreed with this answer

  9. Do you have to have an attorney on a ex parte in a unlawful detianer when its a business thats incorporated

    Answered over 2 years ago.

    1. Michael Raymond Daymude
    2. Michael Charles Doland
    3. David M Blain
    3 lawyer answers

    A corporation may only appear in court through a licensed attorney. In the eyes of the law a corporation has all the powers of a natural person in the carrying out of its business. This means the corporation may avail itself of the state's laws and may bring a lawsuit. However, under long-settled common law, a corporation cannot represent itself before courts of record without a lawyer, and it cannot represent itself through an officer, director or any other person who is not also a...

    2 lawyers agreed with this answer

  10. Earlier this year I fell victim to a computer based scam, involving Paypal ,and a company called ESS

    Answered over 2 years ago.

    1. David M Blain
    1 lawyer answer

    If you are served with a summons you will have a limited time to respond. You need to hire an attorney to represent you in this matter. Doing nothing will only make it worse.

    2 lawyers agreed with this answer