James Coy Driscoll’s Answers

James Coy Driscoll

San Francisco Landlord / Tenant Lawyer.

Contributor Level 13
  1. Any action to take for exposure to toxic air at my rented apartment from a neighboring bbq business?

    Answered 7 months ago.

    1. James Coy Driscoll
    2. Gary Roger Waitzman
    3. Diana Louise 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 11 months 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 about 1 month 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 6 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 11 months 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. Can my landlord refuse my dr prescription for a companion dog?

    Answered 3 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

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

    Answered 2 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

  8. Can I be evicted for failure to pay rent, if I have no written lease and I paid no rent for two years?

    Answered 10 months ago.

    1. James Coy Driscoll
    2. Frank Wei-Hong Chen
    2 lawyer answers

    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.

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  9. Can I be forced to leave a rental house with 5 days' verbal notice? No written lease agreement in effect.

    Answered 4 months ago.

    1. James Coy Driscoll
    2. Stephen Ross Cohen
    2 lawyer answers

    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

    5 lawyers agreed with this answer

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  10. Can Subpoenas for deposition to non-parties be first class mailed or do they have to be served?

    Answered 11 months ago.

    1. James Coy Driscoll
    2. Robert Bruce Kopelson
    3. Timothy George Kerrigan
    4. Samuel Cohen
    4 lawyer answers

    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.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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