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Mark Steven Eisenberg

Mark Eisenberg’s Answers

180 total


  • What happens if you have more people than stated on the housing lease.

    I currently live in a 560-unit apartment complex in CA. Its a 2-bedroom apartment and we have a total of 4 people living there. The problem is there is only 2 people on the contract. The complex will not allow us to make contract changes at any ti...

    Mark’s Answer

    Technically you are in breach of the lease, for which your landlord has several remedies available including a possible rent increase and even eviction. Your lease should state the remedies available to the landlord for such a breach. Depending on the circumstances the landlord may do nothing or simply demand more rent which is easier than the time and expense of eviction proceedings and having to re-let the premises.

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  • Defendant filed a Notice of Ruling that was materially incorrect. What should we do?

    The Court issued a tentative ruling. The Court modified its ruling significantly. One defendant filed a Notice of Ruling that was materially different from the actual ruling. He attached the tentative ruling which was not the final ruling. The Cou...

    Mark’s Answer

    File your own NOR and attach the transcript. You should also check to see what the Court's minute order says. No need for a stipulation as the NOR is not an order and the Court doesn't sign it.

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  • If a title deed is changed can someone proceed with a characterization of this property using an old deed in a Superior court?

    The home in question has a deed title change. The lawyer continue his proceedings using the old deed to this property knowing the deed has been changed. Also none of the documents he has sent have ever had any stamps from the Superior court. All t...

    Mark’s Answer

    I suggest you consult with an attorney who specializes in probate litigation.

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  • What type of lawyer do I need to receive prepared documents (by lawyers) for closing a property?

    I need a lawyer to receive prepared documents (by an out of country lawyer). I am in the process of selling a house out of state and my lawyers have requested a lawyer to receive documents and witness the signing of the document.

    Mark’s Answer

    You can search this website for a real estate attorney.

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  • Can a party file an amended answer while a motion to strike the pleading as untimely is pending before california superior court

    a timely demurrer to an answer concurrently filed with a motion to strike the answer as untimely were served and filed in california superior court. defendants the day before any opposition was due filed an amended answer. no opposition to the m...

    Mark’s Answer

    A pleading -- whether it's a complaint or an answer -- can be amended once as a matter of right, e.g., without the court's permission. If plaintiff files a demurer to the answer, defendant can file an amended answer before the hearing on the demurrer. Once a pleading has been amended, any further amendment requires a court order.

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  • Can I get served at work? if is yes and I don't know from who is coming from?

    HR from work called stating some one is trying to serve me at work, but since I work in the health care with patients; they cannot release more info. I don't know who it is, from who is it coming from. The person only stated from the county it wa...

    Mark’s Answer

    You can be served personally anywhere you happen to be. For substitute service, such as the work situation you describe, you can be served at your principal residence or, in your situation, your office or usual place of business. Effective substitute service requires a three-step process: (1) leave a copy of the summons and complaint either at the individual's principal residence or usual place of business; (2) leave it with a "competent member of the household" or person "apparently in charge of [defendant's] office or place of business" at least 18 years old who must be told what the papers are; and (3) mail a copy of the summons and complaint to the place where service occurred. As for who is suing you, most court websites allow you to search for cases by party name. Start with your local (Orange County) court's website and run your own name to see what's been filed against you. Good luck.

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  • Can my neighbor paint a brick wall I paid for if its one inch on his property?

    He asked for the wall to be placed as close to his driveway as possible. Now he says since its on his property he is going to paint it.

    Mark’s Answer

    Your question is unclear. If the wall sits entirely on your neighbor's property he can do as he likes, absent any covenant, code or restriction prohibiting him from doing so. If the wall sits on both of your properties, the same holds true as to that part of the wall situated on your neighbor's property.

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  • If I am unable to locate the defendant to properly serve him to appear what other options do I have to recoup my losses?

    I currently have a small claims case set up, the problem I am experiencing is that I cannot locate the defendant. He is my roommate and has not paid his rent or utility bills for 3 months for a total of 920.00. My roommate left town and left a mes...

    Mark’s Answer

    California law (CCP 415.10 et seq) provides for four ways to serve summons: (1) by personal delivery to the defendant; (2) by delivery to someone else at defendant's usual place of residence or business (e.g. 'substitute service'); (3) by mail with acknowledgment of receipt; (4) by publication. The first three methods are unavailing since each assumes defendant's whereabouts are known. The fourth method of service, publication, requires that you first obtain a court order, which is issued only upon a showing that the defendant's whereabouts are known. If you have defendant's SSN a private investigator can help you locate the defendant.

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  • As a member of the entertainment industry I have never seen this. Can I pursue a lawsuit? Would appreciate advice ASAP. Thanks.

    Hello, So I was at a gun expo in Dulles, VA. and noticed that they were shooting a documentary. I was pulled aside and asked a few questions. The cameras were filming our conversation. Some time had passed and the documentary made it to TV Netwo...

    Mark’s Answer

    I agree with Mr. Doland. But in addition, because your sensitive financial information may have been seen by untold numbers of viewers of the documentary, you also need to contact all three credit reporting bureaus (Equifax, Experian, TransUnion) to advise them of the magnitude of the problem. Only after that has been done should you consult with an attorney to determine whether you have any legal recourse against the folks who broadcast your information. Good luck.

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  • For 20 years my next door neighbor has refused to respect my property rights. They think the deed to their house includes mine.

    They recently hired an exterminator and sent him on my roof, with no permission from me, then a gardening firm to cut down a tree in my back yard. I found him in my tree with a chain saw and chased him off my property. Of course, I have photos of ...

    Mark’s Answer

    You need to speak to a real estate attorney, particularly one who handles boundary disputes.

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