James Coy Driscoll’s Answers

James Coy Driscoll

San Francisco Landlord / Tenant Lawyer.

Contributor Level 14
  1. Any action to take for exposure to toxic air at my rented apartment from a neighboring bbq business?

    Answered about 1 year ago.

    1. James Coy Driscoll
    2. Gary Roger Waitzman
    3. Diana L. Spidall
    4. Sagar P. Parikh
    5. B. Casey Yim
    6. ···
    6 lawyer answers

    Make a complaint to the LA County Health Dept. Below is a link to their on-line complaint form.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. UD summons received today

    Answered over 1 year ago.

    1. James Coy Driscoll
    2. Christopher Joseph Lauria
    3. Frank Wei-Hong Chen
    3 lawyer answers

    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,...

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  3. What are the legal ramifications of renting out your home gym?

    Answered 7 months ago.

    1. James Coy Driscoll
    2. Matthew Murillo
    3. Andra Marie Vaccaro
    4. Richard Geller
    4 lawyer answers

    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...

    7 lawyers agreed with this answer

  4. Can a pro se litigant represent himself in a deposition?

    Answered 12 months ago.

    1. Christine James
    2. Alan Ray Barnes
    3. Kenneth J DeMoura
    4. Joseph Caleb Markowitz
    5. James Coy Driscoll
    6. ···
    11 lawyer answers

    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.

    7 lawyers agreed with this answer

  5. In a shopping plaza where I am renting a business property adjacent to my business there are two business's

    Answered over 1 year ago.

    1. Golnar Sargeant
    2. James Coy Driscoll
    3. Pardis Patrick Ashouri
    3 lawyer answers

    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.

    7 lawyers agreed with this answer

  6. LADWP accused me of felony tampering and theft. Is there anything I can do?

    Answered 15 days ago.

    1. Dmitry Gorin
    2. David S. Kestenbaum
    3. Jay Scott Finnecy
    4. James Coy Driscoll
    5. Gayle Anne-Marie Gutekunst
    6. ···
    7 lawyer answers

    You are being threaten with criminal prosecution; you are facing the threat of going to State prison. You need to immediate stop talking/writing/texting to ANYONE--that includes friends, coworkers, and family--other than a criminal defense attoreny, in person or on the phone. A public forum like Avvo does not create a condidential communication. I have changed the subject matter of your posting to criminal defense. Best of luck to you.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can my landlord refuse my dr prescription for a companion dog?

    Answered 8 months ago.

    1. Jose Isaia Ybanez Utzurrum
    2. James Coy Driscoll
    3. Brandy Ann Peeples
    3 lawyer answers

    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.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Do i need a landlord/tenant attorney or a business attorney?

    Answered 4 months ago.

    1. Scott Richard Kaufman
    2. George Anthony Munoz
    3. James Coy Driscoll
    4. Janet Spiro Martin
    5. Edna Carroll Straus
    6. ···
    9 lawyer answers

    No, you do not have to move by Monday. To evict you, the person from whom you are renting must give you 3-days notice if he thinks you are in violation of your lease. Otherwise, he cannot ask you leave during the period of yor lease. If you are renting on a month-to-month basis, he must give you 30-days notice. All the notices must be in writing. All the notices do is allow the person from whom you are renting to file an unlawful detainer (eviction) lawsuit against you. That person must have...

    6 lawyers agreed with this answer

  9. Can I lease a property if there is a lis pendens on it?

    Answered 6 months ago.

    1. James Coy Driscoll
    2. Bernard Conrad Jasper
    3. Frank Wei-Hong Chen
    3 lawyer answers

    A lis pendens says that there is a litigation pending regarding title OR POSSESSION of real property. That means that the person suing the landlord may have a claim to own the property (therefore your lease could be void) or the person suing the landlord may have a claim to the space you would be renting. Proceed cautiously. You should consult with a real estate attorney before agreeing to anything, signing anything, or payment any money. this matter is too important to try to get legal...

    6 lawyers agreed with this answer

  10. If I have Power Of Attorney can I represent the individual in court?

    Answered 7 months ago.

    1. Robert Bruce Kopelson
    2. James Coy Driscoll
    3. Alan James Brinkmeier
    4. James Charles Shields
    4 lawyer answers

    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.

    6 lawyers agreed with this answer

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