Mark Steven Eisenberg's Answers (185)

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Archived

In CA, am I allowed to record a phone call that I have already given consent to being recorded by the other end?

Mark's answer | Answered on June 27, 2016

California Penal Code section 632 makes it a crime to eavesdrop on a confidential communication, including a private conversation or telephone...

Archived

Do I have to evict the newest tenant first?

Mark's answer | Answered on June 23, 2016

For an owner occupied eviction you must evict the most recent tenant. See Los Angeles Municipal Code section 151.30(D)(2).

Archived

Does this apartment contract violate California Civil Code 1950.5?

Mark's answer | Answered on June 23, 2016

I posted an answer to a similar question yesterday which I am copying here: California law specifically allows the landlord to use a tenant's...

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Can landlords deduct from security deposit repairs that were made while living in the rental property?

Mark's answer | Answered on June 22, 2016

California law specifically allows the landlord to use a tenant's security deposit for four purposes: (1) for unpaid rent; (2) for cleaning the...

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Do I wait for the unlawful detainer to be served to me or taped to my door?

Mark's answer | Answered on June 22, 2016

By filing an answer to the complaint you have submitted to the court's jurisdiction. This may or may not mean that your case is 'at issue' and...

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Can I dismiss current suit against def.'s & sue former attorney for malpractice as I was forced to dismiss b/c of his actions?

Mark's answer | Answered on June 22, 2016

Whether you should dismiss your current case and whether you have a case against your former attorney for malpractice are two entirely separate...

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When a property manager recommends a necessary repair be made to a property and the owner won't approve, what should be done???

Mark's answer | Answered on June 22, 2016

I like your question. It's well thought out, articulate, and reflects a concern that in my experience is rare in property management companies. ...

Archived

What kind of case do i have?

Mark's answer | Answered on June 22, 2016

The simple answer is a lawyer who specializes in medical malpractice. Don't wait either because there is a statutory procedure you must comply...

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This CAN'T be LEGAL: My apartment lease states I nor my heirs cannot sue landlord if I get hurt or die anywhere on the grounds.

Mark's answer | Answered on June 21, 2016

Any attempt by a landlord to excuse him/herself from any and all liability arising from landlord's negligence is a violation of the warranty of...

Archived

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

Mark's answer | Answered on June 21, 2016

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

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