Assuming you received UD summons and complaint by personal service--such as someone handing you the papers--you are correct that you have five days to respond (if you were served by another method, you may have longer). However, the last day of the five days MUST be a day that the courts are open. Both Thanksgiving and the day after Thanksgiving are California legal holidays, the courts are closed those days. The court are also closed on Saturdays and Sundays, so, you have until Monday,...
By renting out your gym you are going into business. Depending on where you are located, running a business out of your home--especially one that will cause people to come to your home--may be a zoning violation. In addition, you will need to obtain a business license from the city. Gyms are places where people can be easily injured; you will need commercial insurance; your homeowner's insurance will not cover commercial use of your home. Also, there are many special requirements for...
I agree with Ms. James. I would add that asking on a website how a non-lawyer can defend a deposition is like expecting to find how to do surgery on yourself on WebMD. I know that is not what you want to hear but it is the truth. If you cannot or will not spend the money to hire an experienced lawyer to represent you, you are wasting your time litigating.
First, look at your lease, see what it says about utilities. Then talk with a real estate attorney about your options. This is your business, you do not want to risk taking the wrong action and possibly endanger your livelihood.
While I agree with my colleagues' comments, this not an issue you want to deal with alone. If your landlord is resisting your request, he almost certainly has a lawyer: you would be foolish to not have your own lawyer.
I agree with Mr. Kopelson. Also, to adequately litigate an unlawful detainer, it is important to have an experienced landlord-tenant attorney represent you. This is especially true if the other side has an attorney.
I'm not going to sugarcoat this for you: You need to do what you should have done before making a substantial investment of your time and money: Talk with a lawyer. You need to sit down with a lawyer to see what of this nightmare you created for yourself is salvageable.
Entering into a major business venture with no written agreement leaves one open to the kind of problems you are having--and worse.
No. If you do not move out, they must file, serve on you, and eventually win, an eviction lawsuit, called an "unlawful detainer" or "UD" for short. It is illegal for them to lock you out or remove your belongings.
Since you live in LA and your housing was part of your compensation for your employment (and perhaps not a requirement that you live there) you may be a tenant with rights under the LA Rent Stabilization Ordinance. Contact the LA Housing Dept. for more info. See link below
Generally, a deposition subpoena must be personally served. See CCP§§2020.010-2020.220.
As a practical matter, unless you are an experienced litigation attorney you are not competent to take a deposition. If the litigation is worth this much trouble, it's worth hiring an attorney to represent you.