Archived
My lease expired and for last 3 months I paid 1500 less a month. Can later court make me pay the difference?
Kevin's answer
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Answered on June 19, 2012
If you have been paying rent to the bank for almost a year, why did you start paying $1500 less for the last three months? Did the bank tell you...
Can my roommate sue me for accidentally breaking her vase?
Kevin's answer
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Answered on June 19, 2012
Yes, she absolutely can sue you.
BUT
She will then have to prove that 1) You broke it (either negligently or on purpose) and 2) That is...
How does a lawyer prove sufficient evidence to evict on the basis of a "nuisance" complaint?
Kevin's answer
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Answered on June 19, 2012
Nuisance evictions are very "fact heavy" and the landlord would need to present sufficient evidence - likely by the testimony of other tenants or...
Archived
Can landlord withhold my security deposit for attorney's fees from unlawful detainer case?
Kevin's answer
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Answered on June 01, 2012
This is a textbook example of a good small clams case.
As stated, your landlord was required to either return all or a portion of your...
Archived
Need assistance with consolidating or dismiss a Unlawful Detainer case that has already been adjudicated in Small Claims.
Kevin's answer
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Answered on June 01, 2012
A UD action cannot be consolidated with an affirmative action, even in Small Claims Court because the time-lines and purposes of the two kinds of...
Archived
LANDLORD RETALIATION question:
Kevin's answer
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Answered on June 01, 2012
Yes, you can now sue your landlord for retaliation as well as for other misconduct he might have engaged in.
The sole purpose of an Unlawful...
Archived
First step 3 day notice already passed. Is next step complete UD-150 and file to county? Should I file to Oakland court?
Kevin's answer
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Answered on June 01, 2012
I have to ask, what kind of 3-day Notice did you give the tenant? A Notice to Quit, a Notice to Pay or Quit or a Notice to Cease? What is it the...
Archived
Can I press charges for extortion without hiring an attorney?
Kevin's answer
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Answered on May 30, 2012
You cannot prosecute a criminal case. You can only report alleged criminal activity to the police. The municipality's counsel, typically a District...
Archived
Can some file charges against someone for texting ,if the messages are non threatening
Kevin's answer
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Answered on May 30, 2012
There has been no criminal conduct here, so filing criminal charges probably won't happen. He could make a complaint to police, of course, as many...
Archived
Is there any way i could sue a creater of a cartoon if that cartoon teaches my kids and others that cars and back packs can talk
Kevin's answer
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Answered on May 30, 2012
You can sue anyone for anything at anytime. The question is, can you prevail?
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