Archived
Can trial court enter a final judgment while there is a pending writ of certiorari with the court of appeal?
Mark's answer
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Answered on February 28, 2014
Yes. Cert is a discretionary appeal and does not divest the court of jurisdiction nor act as a stay. If you wanted a stay, which you might should...
Archived
We are moving into another apartment because of poor drainage in our yard preventing us to use the yard. Is the landlord
Mark's answer
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Answered on February 28, 2014
Depends on your lease. If the move was a courtesy move, not an agreed breach of the lease, LL will likely view this as a concession notan obligation.
Archived
If I did not contest a judgement within 20 days of its issue, how do I reverse the automatic garnishment/bank levy?
Mark's answer
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Answered on February 28, 2014
You will have to hire a lawyer to review this case and try to vacate the judgment. Since, for whatever reason, you didn't address this issue in the...
Breach of promise or contract if commercial lease sent by landlord, signed by tenant not returned with landlord signature?
Mark's answer
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Answered on February 28, 2014
Better question is whether you had right to negotiate with them. If you make investments of time, money etc, but don't have standing to fight over...
Can a Marina chain up our boat for late fees? We pay same time every month, owner agreed to, charges late fee every time.
Mark's answer
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Answered on February 28, 2014
Depends on a wide variety of factors including your slip agreement. Biggest issue is the view that "an agreement" exists because the slip or slot...
Archived
No deposit required to move in but upon vacancy company intents to impose outrageous charges for damages.
Mark's answer
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Answered on February 28, 2014
These issues are subject to the old adage "one man's terrorist is another man's freedom fighter" such that your outrageous charges are the...
Archived
If you had an injury but didn't realize pain & suffering contributed to surgery months later can you Sue?
Mark's answer
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Answered on February 28, 2014
You can always sue, the question is whether you WIN or whether its worth the effort. Those 2 questions can never be clearly answered. What IS clear...
Archived
I just bought a car 3 days ago from a used car delership i think the heads are blown the car was sold as is.
Mark's answer
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Answered on February 28, 2014
My colleague is correct. I will add to this that typically, such allegations or litigation over them is very expensive and difficult to prove. I...
Archived
My home im renting went in to auction before my lease was up can i get my security deposit back?
Mark's answer
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Answered on February 28, 2014
In theory LL should still owe you the security deposit back. We have seen this happen many times where you have to sue LL to get it back, as they...
Archived
My landlord just sent me a notice to collect about $6k above my security deposit. Some of the damages were there at move in.
Mark's answer
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Answered on February 28, 2014
This issue will revolve around he said/she said and what evidence exists to address both sides claims. Typically, though, if there is a lot a...
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