Nicholas Roscha’s Answers

Nicholas Roscha

Concord Business Attorney.

Contributor Level 6
  1. Superior Court of California Form Interrogatories - General (DISC-001) question.

    Answered almost 2 years ago.

    1. Nicholas Roscha
    2. John Noah Kitta
    2 lawyer answers

    Great question. The spot on the first page in Sec 3 is an example of what the answering party may want to include at the end of their response. There is no place on DISC-001 for the asking party to date and sign, and they do not need to be signed and dated to be effective. You should make sure you have a signed proof of service indicating when and how the Form Rogs were served on the answering party.

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  2. I am in the process of evicting a tenant who has not paid rent in a few months. When should I take him to small claims court?

    Answered almost 2 years ago.

    1. Nicholas Roscha
    2. Adam Jay Jaffe
    3. Anthony F Geraci
    4. Frank Wei-Hong Chen
    4 lawyer answers

    The prior responses are on point. I would add that typically the unlawful detainer seeks judgment for possession as well as for unpaid rent identified in the 3-day notice to pay/quit, plus daily rental damages from expiration of the 3-day notice period through the date judgment is entered. E.g., if the 3-day notice claimed rent for July, August and September, and the judgment is entered on November 5, you would be entitled to daily damages from October 1 through November 5. Once the UD...

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  3. I currently own 50% of an s corp and trying to work out a buyout agreement with my partner who has lost interest

    Answered almost 2 years ago.

    1. Nicholas Roscha
    2. Michael Charles Doland
    3. Brett Gregory Evans
    4. Brad S Hindley
    4 lawyer answers

    When we form a small corporation and draft the opening documents, we typically prepare the by-laws and a buy-sell agreement that governs the terms of any buy-out between the shareholders. You should first review the terms of any written agreement that governs your relationship as shareholders. Absent a written agreement that is in place, the parties are left to negotiations to determine a fair and equitable buy-out, and counsel could be helpful in discussing your options and providing you...

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  4. I was served a 3 day notice in riverside county, CA that included a month I already paid. Is it therefore void?

    Answered over 1 year ago.

    1. Nicholas Roscha
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Mr. Chen's response regading an eviction on your record is accurate. As to your question regarding the 3-day notice being void, if a 3-day notice to pay rent to quit overstates the amount of rent that is actually due, then that notice should be ineffective. Of course, if the landlord rejected your late payment of January rent, then the 3-day notice could still be effective. I find it important to keep open lines of communication, and simply confirming with the landlord that your January rent...

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  5. My landlord hasn't returned my sec deposit. No written notice was given for an inspection. 21 days passed. What are my rights?

    Answered over 1 year ago.

    1. Nicholas Roscha
    2. Daphne Lori Macklin
    3. Sandeep Gopal Agarwal
    3 lawyer answers

    Generally, the landlord has 21 days to return the deposit, or to provide an accounting detailing every deduction from the deposit. Civil Code section 1950.5(g). There are a few issues that arise from your question. First, did your landlord give you the option of requesting an inspection before your moved out? This is required by Civil Code section 1950.5(f) and gives you the ability to understand what issues could give rise to deductions from the deposit, and an opportunity to rectify those...

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  6. In Califirnia is it legal not to disclose death in apartment before renting it again?

    Answered almost 2 years ago.

    1. Nicholas Roscha
    2. David Howard Abrams
    3. Shawn Michael Haggerty
    3 lawyer answers

    Interesting question. By law, an owner/landlord needs to dislcose that there was death in the apartment if the death occured during the prior 3 years. By failing to make an affirmative dislcosure of this issue, the landlord has given you ammunition if you want to try to break the lease. A typical argument would be that there is no way you would have rented the property had you known the true state of affairs, which was concealed by the landlord, that the prior tenant died three months...

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  7. What kind of license do I need?

    Answered almost 2 years ago.

    1. Nicholas Roscha
    2. Kevin Samuel Sullivan
    3. Massimo Paternoster
    3 lawyer answers

    Completely concur with the prior response. When you are starting a business, there are a myriad of issues that need to be addressed, and a competent business attorney in your area should be contacted to ensure you get things off on the proper footing. Best of luck with your new venture.

    2 lawyers agreed with this answer

  8. Can I vacate my apartment without a 30-day notice if I have a bed bug infestation?

    Answered almost 2 years ago.

    1. Nicholas Roscha
    2. John K Lassen
    2 lawyer answers

    This appears to be situation that could be perfect for a surrender agreement between you and the landlord, in which you agree to vacate the property and both sides agree to release one another from claims under the lease they may have against the other. Of course, you could make claims for damages due to the bed bugs, and they could make claims for rent, and you could both fight over who caused the bed bugs in the first place. See if the landlord wants to start repairs and then agree on a...

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  9. In landlord/tenant california. What does it mean when an attorney asks a Judge to issue a statement of ruling.

    Answered almost 2 years ago.

    1. Nicholas Roscha
    1 lawyer answer

    A statement of decision or ruling is used when you want the court to explain the factual and legal reasoning behind its decision, and is governed by Code of Civil Procedure section 632. However, the timing of an appeal is based on the timing of the entry of judgment or mailing of notice of entry of judgment, and depends on whether yours a unlimited or limited civil case. The deadline in an unlimited civil case is the earliest of 60 days from mailing of the notice of entry of judgment, or...

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  10. My wife and our daughter are both wanting to put homes on the same 1/2 acre parcel of land. it is zoned RA 1. can we do.

    Answered over 1 year ago.

    1. Nicholas Roscha
    2. Ryan Vancil Esq
    2 lawyer answers

    Not sure if your property lies within the City limits of Modesto or outside the City limits and therefore under the jurisdiction of Stanislaus County. If within the City, the R-1 district allows for second homes on parcels under certain circumstances, and those rights and conditions are defined in the City's municipal code at Section 10.3.217. Sounds like you may outside the City limits in Stanislaud County, but the County has zoning designations of R-A ('rural residential) and R-1 (...

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