Anna Christina Serrambana's Answers

How do I respond to a complaint/summons received for a collections lawsuit

A complaint and summons filed in California limited civil court can be answered by filing an Answer form or General Denial form. Both are California Judicial Council forms. The form can be downloaded from either the Court web site which can be found at www.lasuperiorcourt.org (assuming the lawsuit is in Los Angeles county) or the California Judicial Council web site which can be found at www.courtinfo.ca.gov/forms.

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What is the statute of limitations for contract matters in CA state

In California, the statute of limitations for a breach of a written contract is four years from the date of the breach. Do you have evidence of the date of the breach? If so, you might try having an attorney send a letter to the Plaintiff or their attorney if they have one explaining why you believe the statute of limitations has run. Include the evidence of the date of breach with the letter and request a response within 5 days. Keep in mind that an answer or other response must be filed...

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What is the eviction process in state of CA

The landlord will likely serve you with a 3-day notice notice to pay rent or quit. Once the three days have expired and you have not paid the rent, the landlord will file an unlawful detainer complaint with the court. Once you are personally served, you have 5 days to respond to the complaint (file an answer with the court). After you respond, the unlawful detainer process takes about 20-40 days to complete. If you do not file an answer within the required time limitations, then the...

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What can I do to serve someone that is avoiding service

If you truly cannot locate someone to serve a Summons, in California, you can serve someone by publishing the Summons in a major newspaper. However, before doing this, you must obtain permission from the Court. You can file a motion or ex parte application with the Court asking for permission to serve the party by publication. In a declaration, you will have to set forth facts detailing your efforts to locate the party (i.e. hiring investigator, etc.). You should also have your investigator...

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Under CA law, can an employer fire an employee under a false accusation

The short answer is yes, if there was no employment contract between the employer and employee. California is an "at-will" employment state, meaning that either the employer or employee can terminate the relationship with no liability if there was no contract governing the employment relationship and the employer does not belong to a union. If there was no contract and the employer does not belong to a union, then employment was at will and the employer can fire an employee for good cause,...

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Is an inheritance received prior to divorce considered community property in state of IL

In California, where I am licensed to practice law, any type of inheritance is considered separate property, not community property, even if it was acquired during marriage. Therefore, your wife's inheritance or expected inheritance would be separate property and she is entitled to all of it. If you had been named in the will as a beneficiary, then you would be entitled to whatever property the deceased person specifically devised (left) to you in the will.

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Can I pursue a civil action against hair dye company after having allergic reaction to the product

The manufacturer likely included a warning on the box or in the instructions to test the dye on a patch of hair/skin to determine if you would have a reaction to the product. However, products liability cases are a complex area of law that should be handled by an attorney that specializes in this area of law. You could contact your local county bar association to find an attorney in your area.

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Under CA landlord tenant laws how much notice is a landlord required to provide before they enter your home

The terms of your lease agreement will dictate how much notice is required before a landlord can enter your home. However, typical California leases include a provision that requires a landlord to give 24 hours notice before entering the tenant's home, unless there is an emergency.

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Lawsuit

You could file a complaint in small claims court in your county or in the county in which the agreement was made. There is no minimum amount required to file a complaint with court. However, you will have to pay a filing fee and arrange to have the other person served with the complaint. Take into consideration the costs and hassle of proceeding through the court system for $150 debt. You may want to try an alternate method of collecting your money. Some people pay their debt when they...

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Financial power of attorney

I agree with counsel's response above. But please keep in mind that as power of attorney, your aunt does have the power to enforce the agreement between you and your grandfather. Are you or your wife doing anything that would violate the agreement? If so, your aunt can act on your grandfather's behalf to enforce the agreement. If you believe that you have not violated any section of the agreement, then discuss the issue with your aunt. Maybe she is misinformed about the content of the...

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