Damian R. Castaneda’s Guides

Damian R. Castaneda

San Jose Litigation Lawyer.

Contributor Level 6
  1. How do you state the amount of punitive damages in your lawsuit?

    Written by attorney Damian Castaneda, over 1 year ago.

    Its IMPROPER TO ALLEGE PUNITIVES IN COMPLAINT It is improper to allege in the complaint the amount of punitive damages sought (Civ.C. 3295(e)) because this is not reasonably calculated to apprise the defendant of potential financial liability for punitive damages if judgment is ...

    1 person found this Legal Guide helpful

  2. Your "guests" might become unintended subtenants who are entitled to notice before eviction.

    Written by attorney Damian Castaneda, over 1 year ago.

    If you are the only one on a lease, do you have the right to kick out your friend or boyfriend/girlfriend without notice? If you allow someone to live with you, that person may have rights as a subtenant. You may have to give them 30-day notice and file an unlawful detainer acti...

    1 person found this Legal Guide helpful

  3. Serving a Lawsuit: What do you do when the defendant refuses to accept court papers?

    Written by attorney Damian Castaneda, over 1 year ago.

    1. Defendant's refusal to accept service. Sometimes the greatest challenge in serving a defendant is locating them. But what do you do when you find them and they refuse to accept the papers? For example, you might knock on their door, but they refuse to open it and tell you to ...