Robert James Evans’s Answers

Robert James Evans

Oakland Landlord / Tenant Lawyer.

Contributor Level 3
  1. CRIMINAL MATTER EXPUNGED

    Answered over 2 years ago.

    1. John M. Kaman
    2. Andrew Blair Leventhal
    3. Andrew Michael Limberg
    4. David Jon Pullman
    5. Robert James Evans
    5 lawyer answers

    As to Nos. 2 and 3, it's going to be in the Court's records forever, assuming you weren't younger than 18 at the time of the offense. No. 1 is really an improper question if it really asks if you have been arrested OR convicted, not AND. But at least if there's room it enables you to say "I was arrested for ________ but the charges ere dismissed, because that's what Penal Code 1203.4 does. You could just say no and if you were caught say you thought it didn't count as a conviction (and for...

    1 lawyer agreed with this answer

  2. How do I proceed against a default ruling from the court?

    Answered about 3 years ago.

    1. Frank Wei-Hong Chen
    2. Robert James Evans
    2 lawyer answers

    I assume the landlord has filed a Request to Enter Default, and that a default has been entered. If that is not the case, you need to file a "motion to quash", which is a motion that says you have not been properly served. But it must be filed before the landlord has the default entered. But if the landlord has obtained entry of default, he will get a clerk's judgment for possession of the premises (i.e., for eviction) without having to go before a judge, and the sheriff will serve you with...