Richard C Koman’s Answers

Richard C Koman

Santa Rosa Litigation Lawyer.

Contributor Level 13
  1. How do I recover damages after sustaining a personal injury due to landlord's failure to maintain gardening/landscaping?

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. Richard C Koman
    3. Steven Ronald Kuhn
    4. Jayson Lutzky
    5. Christian K. Lassen II
    5 lawyer answers

    um ... you are not sweeping up leaves because it is the landlords contractual duty? it seems to me that is negligent on your part. you will definitely face that charge in a defense against your pi suit and a cross claim against a Third party suit

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can I get the case dismissed if I didn't show up to landlord tenant small claims deposit lawsuit for bad faith?

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Richard C Koman
    3. Lara Ruth Shapiro
    3 lawyer answers

    you're done. plaintiff has no right to appeal. you consented for your wife to appear for you

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Landlord sneaking in my rooms, touching, commenting, and checking the holes on the wall. Misdemeanor or felony?

    Answered over 1 year ago.

    1. Seyed Abbas Kazerounian
    2. Richard C Koman
    3. Michael Ryan Juarez
    3 lawyer answers

    misdemeanor but it will be treated as a civil matter. what are your damages? emotional distress. minimal. put a lock on your door.

    4 lawyers agreed with this answer

  4. Good Morning, I am one behind on my rent, and I want to know what my Landlord can do to me?

    Answered over 1 year ago.

    1. Richard C Koman
    2. James Michael Slominski
    3. Seyed Abbas Kazerounian
    3 lawyer answers

    He could evict you obviously. So get it paid and assuming he accepts it, no problem ...

    4 lawyers agreed with this answer

  5. Am I, a tenant in an apartment, liable for flood damage caused from a portable dishwasher?

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. Frank Wei-Hong Chen
    3. Richard C Koman
    4. Wallace E Francis
    4 lawyer answers

    I don't agree. No one hear knows why it flooded. It could easily be negligent maintenance on the landlord's part. Perhaps it is negligent to leave while the dw runs? I don't think so. In court someone would have to establish facts for negligence. The LL should tender it to his insurance. I don't think you have a duty to pay and he could not evict you for not paying. He would have to take you to small claims court for the damages and the burden would be on him to establish your negligence.

    4 lawyers agreed with this answer

  6. When filling chap. 7 do I have to to give a secured debt such as a car an exemption

    Answered almost 2 years ago.

    1. Michael Salanick
    2. Richard C Koman
    3. Gary Ray Fraley
    4. Alan D. Walton
    5. Navid Kohan
    6. ···
    6 lawyer answers

    The question suggests that not using a lawyer is not such a good idea. If you are filing bankruptcy, you should be getting a serious benefit in discharging a lot of debt. So paying a few grand to an attorney is money very well spent. That said, here's my answer. Exemptions are for assets. If you have assets that can't be exempted, they are subject to the trustee taking them to pay creditors. So it's not a question of "having" to give a car an exemption, it's a matter of whether the car has...

    4 lawyers agreed with this answer

  7. Can a witness be supoena in an unlawful detainer trial ?

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Richard C Koman
    3. Seyed Abbas Kazerounian
    3 lawyer answers

    yes.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. In a UD (Calif) and with proof of financial stress, can I receive a "fee waiver" and if so, how can I petition?

    Answered over 2 years ago.

    1. Richard C Koman
    2. Frank Wei-Hong Chen
    3. Yousef Monadjemi
    3 lawyer answers

    use the request for fee waiver/order forms to get the fee waiver. the form has specific income levels per household size (unless you receive govt benefits.) no idea what Claim for Statutory Damages but hopefully you're not referring to $600 damages for malicious withholding. dont' do that. you dont get the order for service by posting until you submit a motion for the order (there's no form for that - it's done on "pleading paper.") make sure you have proof of service of the notice.

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  9. I filed and served a UD. The tenants answered, stated that they moved out and that there were false statements in the complaint.

    Answered about 1 year ago.

    1. Richard C Koman
    2. Brad S Kane
    2 lawyer answers

    If you have possession you have no unlawful detainer case. UD is a case for possession only. You can dismiss or covert the case to limited jurisdiction for money damages only. Regardless you need to amend to fix the pleadings. And because they answered you need to apply for leave of court. Absurd because you have possession! So dismiss the ud and file a small claims action for damages (if you have any).

    3 lawyers agreed with this answer

  10. Sent landlord a letter of complaint/relief ( demand) for false rep. of habitability and retaliation. their attorney called me??

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Lara Ruth Shapiro
    3. Richard C Koman
    3 lawyer answers

    my guess is lawyer wants to know when you're moving ... sounds like resolution will be You moving out what would be fair might be some payment to you for moving expenses or rent abatement ... good luck

    3 lawyers agreed with this answer