Archived
I need to amend the complaint on a civil unlimited case, can I request to amend it before serving the defendants?
Ryan's answer
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Answered on July 13, 2018
CCP § 472 "[a] party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed."
Can the statute of limitations defense be brought at trial?
Ryan's answer
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Answered on July 13, 2018
Yes, my understanding of your question is that your attorney filed an Answer to the Complaint and listed the SOL as a defense. Decision regarding...
Archived
3 Days Notice to Pay or Quit
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Answered on July 13, 2018
Unlawful detainers or evictions are only concerned about possession of the subject premises. If you vacate, possession is no longer at issue and an...
Is the rent that’s paid on the first of the month for the upcoming month or for the month that is past?
Ryan's answer
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Answered on July 13, 2018
I agree with Frank, generally rent on the first of the month is for that month's rent. For example, rent paid July 1 is for the month of July.
Does a motion have to be filed before a deadline?
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Answered on September 17, 2017
Yes, a noticed motion must be served and filed 16 COURT days before the hearing date (+ 5 more calendar days if served by mail) (+ 2 more if served...
Archived
How can I delay a lockout!
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Answered on September 17, 2017
You would need to request the court to set aside the default and default judgment and stay the writ of possession. These are rarely granted. I...
Archived
How long do I have?
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Answered on September 15, 2017
The Sheriff does not notify you of the exact time and date you will be evicted. However, the Sheriff will post an eviction notice on your door...
Archived
My landlord has let him self in constantly for late payment of rent maybe 10 times, how do I sue him for landlord intrusion and
Ryan's answer
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Answered on August 26, 2017
I would attempt to speak with the Landlord before taking any action. However, if your Landlord continues to enter without notice or legitimate...
As a landlord do I have to provide written notice to tenants or post signs on property if video cameras are installed?
Ryan's answer
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Answered on August 10, 2017
It is always a good idea to provide notice to tenants.
I will add this. Under California law, Landlords are permitted to split cost of...
Archived
Can landlord call me and tell me I have to move out in 1 week after they refused to remedy a problem?
Ryan's answer
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Answered on August 09, 2017
Since you have lived in the property for less than a year, you are entitled to at least 30 days to vacate.
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