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Mark Steven Eisenberg

Mark Eisenberg’s Answers

180 total


  • What does it mean when an Attorney calls you, on behalf of a defendant, to tell you they are substituting in?

    I am a plaintiff in a personal injury case. I am familiar with an "association of attorney" document, which I received last month. I know, it is the same law firm, but a different attorney in the firm, because the other attorney left. But as fo...

    Mark’s Answer

    An attorney who "associates in" to a case works together with the current attorney of record. An attorney who "substitutes in" replaces the current attorney or record.

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  • If my motion for summary judgment gets denied, can I file another one based on a separate legal theory in the future?

    I am getting sued by a suspended California corporation. I already answered the complaint and time for demurrer has passed but I only now found out that they are suspended. I am planning to file a motion for summary judgment based on their lack of...

    Mark’s Answer

    You may bring separate MSJ's on different issues. If you move for summary judgment based on plaintiff's incapacity to sue, bear in mind that as long as the statute of limitations on plaintiff's claims hasn't run, plaintiff can correct the problem by paying all fees and arrears to reinstate itself in good standing, rendering you motion moot. Good luck.

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  • Can I cash partial payments for an alleged debt if I plan to sue someone?

    I'm suing my landlord for not returning my full deposit, without proof of deducted items. They have sent me checks for a partial amount of the deposit, but I recently sent out the official demand and plan to file the small claims suit tomorrow. Sh...

    Mark’s Answer

    You can cash a check for partial payment as long as the check does not contain restrictive language such as "payment in full" or "full and final satisfaction of account." This type of language may appear anywhere on the check, e.g., in the memo section or on the back of the check. Cashing a check with restrictive language may effect a waiver of your right to pursue any remaining balance you feel is owed to you.

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  • The car I bought from a used car dealership doesn't work

    This is my first vehicle I purchased on credit workout I put a $4,000 deposit within the few weeks the car starts to break down one problem after another at first the car dealership would help me now they won't answer my calls respond to my messag...

    Mark’s Answer

    Consult with an attorney who specializes in Lemon Law. I've added that category to your question.

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  • Will I have to pay for the cost?

    This event happened around 9:30 pm in a dark neighborhood. It was when a dog owner was walking her dog. The distance between the owner (on the street) and the dog (on the sidewalk) was huge. This led to a lot of tension on the leash. Due to it bei...

    Mark’s Answer

    California leash laws require unconfined dogs to be on a leash AND under the owner's control. Leash laws vary by municipality. Many cities impose limits on a leash's length. Consult with an attorney who specializes in animal liability law.

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  • How much trouble can i get into for recording a conversation without permission?

    I recorded a conversation between myself and someone else, and that person is lying about what was said before. Is there any way I can use this recording in court?

    Mark’s Answer

    Unless you advised the other person that your call was being recorded, not only is the recording inadmissible in court, it may also give rise to civil and criminal liability.

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  • Do I have to pay for an association if it wasn't in my escrow instructions during my home purchase?

    I bought a house (detached single family residence in the mountains, not a condo that obviously would have an HOA) that I then rented out. My tenant says there's a community pool and the lady said the owner has to pay a yearly $180 fee to use it. ...

    Mark’s Answer

    • Selected as best answer

    Your are correct in not wanting to deal directly with your tenant on this. Check the county recorder's office to see if there are any CC&R's recorded against your property. CC&R's run with the land whether you were aware of them or not at the time you purchased. Assuming there's a valid association, if you can contact the lady identified in your facts, contact her to verify who she is and who she represents. If she's on the association's board or with a property management company she should be able to immediately provide you with a copy of the association's operative documents including CC&R's, bylaws and rules. Good luck.

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  • Where can I obtain free legal help in Richmomd, CA regarding my landlord playing dirty pool by not properly serving me?

    I received a notice to vacate from the sheriff but never received any notification of the unlawful detainer from my landlord at all.

    Mark’s Answer

    Try Bay Area Legal Aid (925) 219-3325 or Tenants Together (415) 495-8100 for starters. Good luck.

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  • Ex Parte Motion to file Second Amended Complaint

    After meet and confer with the Defendants I need to file a Second Amended Complaint. The Defendants have said they will not oppose the SAC. Do I still need to do a noticed motion or can I do an ex parte motion for leave to file the SAC???

    Mark’s Answer

    • Selected as best answer

    I agree with counsel that a Stipulation and Order may be the easiest way to go. But first check with the clerk of your department. Many judges don't accept stipulations to amend pleadings and instead require a noticed motion, especially if a case is older or close to trial.

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