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James Carl Eschen III

James Eschen’s Answers

1,367 total


  • Adverse possession question.

    I have a neighbor who has a water tank and a couple of outbuildings on some vacant land that I own. The property has a gate on it and he keeps putting his own lock on it and I was told that if I wasn't careful that he could take title my property...

    James’s Answer

    In order to lose title through adverse possession, you would have to show that he not only possessed the property but paid taxes on it for five years. The courts will not grant a prescriptive easement if the effect would be the same as adverse possession but without the payment of taxes.

    You need a real-estate attorney who can go over everything with you in depth.

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  • I believe my landlord did not properly serve us with a 60-day Notice of Termination of Tenancy.

    We've rented our house for 5 yrs. 2/13 we had some financial trouble, 3/13 we only paid half the rent. 4/5/13 our landlord put a 60-day Notice in our mailbox in an unaddressed, unstamped envelope with my husbands name on it only. We asked him if w...

    James’s Answer

    It sounds like both the 60-day notice and the unlawful-detainer complaint were served incorrectly. In addition, your agreement with the landlord is valid. Your only trouble is proving any of it, since you have no evidence beyond your own words.

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  • Can an owner deduct a utility bill from our security deposit when we have proof we paid it?

    We moved out of a rental property, the final water bill was paid by us in cash within 24 hours of being notified and we have a receipt showing as such. The owner also paid the bill so there is a credit balance on the acct. The utility company wi...

    James’s Answer

    Unless the water bill was considered rent, which it does not appear to be since it was in your name, the landlord cannot deduct it from the security deposit. A landlord may deduct only for unpaid rent, damages beyond reasonable wear and tear, and cleaning.

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  • Do I have a case? What type of attorney do I need?

    The tenant above my condo flooded my condo by clogging his toilet with non-flushable wipes. The condo owner had a company come in and remove my walls and hardwood floor. At first they said they would take care of everything, but a week a l...

    James’s Answer

    The owner of the upstairs condo did nothing, so he is not liable. The tenant is the one who would be liable. Also, the HOA's insurance may cover you, since a neighbor caused the problem.

    Why do you not have insurance to protect this important investment?

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  • What legal action can I take against my job, CVS for false accusations and suspending me?

    CVS had me meet with a loss and prevention manager on Monday. They are falsely accusing me of stealing medications from the pharmacy. They said they were giving me a chance to confess and that they had 24 months of video. They knew what was going ...

    James’s Answer

    Generally, nothing. Unless you are a member of a union, which CVS employees are not, your employee can terminate you for a thoroughly bad reason. You could get a remedy only if your employer cited a false reason to cover up unlawful discrimination because of your race, nationality, sex, or age.

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  • I am the defendant in a collection case. The first law firm filed and did not prevail in a Motion for Summary Judgment.

    The successor law firm has now reserved a second Motion For Summary Judgment to be heard within a week of the mandatory settlement conference and within 40 days of the start of the jury trial on this $12,500 case. I will oppose this new motion fo...

    James’s Answer

    Code of Civil Procedure section 1008 restricts a party's ability to bring a later motion seeking the same relief as an earlier one. The defendant has to show facts or law that were not reasonably available for the first motion.

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  • Hello, I have this company Midland Funding sued me, for a CITI account that couldn't pay due to a major surgery in my back.

    Two weeks ago this company send with a man knock in my door and just told my daughter, here is this for "person" (alias me) then leave, they don't even make you sign anything. They file on May/13 they deliver the copy to my house almost a month la...

    James’s Answer

    Your major surgery is not Citi's or MIdland's affair. You used the card, and now you must repay.

    The 30 days runs from the date of service, which is most likely the day they left the summons and complaint with your daughter.

    If you are going to have to pay the debt anyway, you may be just making things worse by answering the complaint, spending time and money and perhaps making yourself liable for more attorney's fees. On the other hand, often these debt collectors cannot prove that you owe the money, so you may want to file a general denial anyway.

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  • Are loan companies able to change terms/agreements?

    They have said I lost my 15 grace period because I was rude to them when I had expressed my concern on late charges that I didn't know I had. They brought up late charges that where from one year ago but had not told me of it and when I asked how...

    James’s Answer

    It takes a special kind of person to work for one of these companies. I think they are giving you a line. I have never seen a contract that says that the terms change if one of the parties is rude.

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  • Employer appealed my Unemployment Claim, I won in court today, Judge said Wrongful Termination. Should I sue?

    Initial incident leading to termination was when i filed a complaint with HR against my supervisor for illegal misconduct. I worked at a fast food place where she would openly smoke marijuana. The sanitary condition of the store was comprised wh...

    James’s Answer

    Not only does "wrongful termination" have different meanings in court and in an EDD proceeding, but the hearing officer's statement has no bearing on any right you may have to sue your employer. EDD decisions do not bind the courts, and the judge's statement was hearsay. A court would reach its own conclusion about wrongful termination without considering one bit what the hearing officer said.

    If you think you were wrongfully terminated, and like Mr. Pederson I do not see anything that would suggest you were, consult an employment lawyer.

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  • Is this judgment a final judgment?

    P sues D1, and D2 . D1's summary judgment is granted, and D2's action is still pending. Court entered Judgment (not mention the words "final judgment") pursuant to CCP 437C (judgment based on summary judgment) in favor of D1. Is this a final judgm...

    James’s Answer

    The term "final judgment" is ambiguous. It could mean a judgment that is appealable, or it could mean one entitled to res judicata effect. In California, judgments become final for the purpose of res judicata only after appeals are exhausted or the time for appeal has passed.

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