I realized that my answers must be verified and that I need to attach a statement stating such. My question is can my answers be as simple as something like this: "Defendants admit the allegations set forth in paragraphs 1, 2, 4, 5, 6 of the co...
Yes, assuming you conclude the answer with a declaration under penalty of perjury under the laws of the State of California, your verified answer as you describe would be sufficient. You do not need to add any "substance" to the answer. However, with regard to your concluding assumption, bear in mind that because this is a verified answer, you should not assume that you can easily amend your answer in the future.See question
I recently received a notice that I'm being sued by midland funding for an old debt of $2800. I haven't responded but was wondering if I can try to settle now, to avoid going to trial, etc.
Yes, you can settle the lawsuit before you need to file an answer to the complaint. Settling will obviate the necessity for you to pay the first appearance filing fee to the court, as well as the time and expense to defend the case and to go to trial.See question
A friend purchased a house priced at $81,000 November 2015. Paid $60,000 cash, owner carried $19,000 seller take back. No appraisal. On average these homes appraise mid 40s-50s. Owner claim house had a complete remodel. No, there was a floo...
Yes, certainly. A seller can sell property for whatever price the market can bear. The assessed value is not the same thing as the appraised value nor the market price. The assessed value is used by the county tax assessor for purposes of calculating the amount of property taxes to be paid, and has no bearing on the actual market price of the property.See question
our landlord came into our house without prior notice to measure the shades in the window. Then sent us an email telling us he was in our house and accusing us of having someone living with us because he saw the couch with a comfortor on it becaus...
California law states that a landlord can enter a rental unit only for the following reasons:
-- In an emergency.
-- When the tenant has moved out or has abandoned the rental unit.
-- To make necessary or agreed-upon repairs, decorations, alterations, or other improvements.
-- To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy.
-- If a court order permits the landlord to enter.
If the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically after that to assure that the installation meets the law's requirements.
(See CA Civil Code section 1954).
The landlord must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays). The notice must state the date, approximate time and purpose of entry.
However, advance written notice is not required to respond to an emergency, or if the tenant is present and consents to the entry at the time of entry. Advance written notice is also not required if the tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. (But the agreement must include the date and approximate time of entry, which must be within one week of the oral agreement.)
The landlord or agent may use any one of the following methods to give the tenant written notice of intent to enter the unit. The landlord or agent may personally deliver the notice to the tenant; or leave the notice at the rental unit with a person of suitable age and discretion; or leave the notice on, near or under the unit's usual entry door in such a way that it is likely to be found; or mail the notice to the tenant. The law considers 24 hours advance written notice to be reasonable in most situations.
Pursuant to California Civil Code section 1954(c), a landlord cannot abuse the right of access allowed by these rules, or use this right of access to harass or repeatedly disturb the tenant. Also, the law prohibits a landlord from significantly and intentionally violating these access rules to attempt to influence the tenant to move from the rental unit. If a landlord's violation of these rules was significant and intentional, and the landlord's purpose was to influence you to move from the rental unit, you can sue the landlord in small claims court for a civil penalty of up to $2,000 for each violation. (Civil Code Section 1940.2(b).)See question
Hello.... I am the Plaintiff. The Defendants demurred and the Court sustained with leave to amend in 10 days..... so far all I have is the tentative ruling posted on the court's web site. So my question(s) : Is this 10 calendar days or court days...
Assuming the tentative ruling becomes the final ruling (either because you "submit" to the tentative ruling or because the court so orders after oral argument), it is 10 calendar days from the date of the noticed demurrer hearing (not from the posting of the tentative ruling). If the court orders the prevailing party to provide "notice of ruling", and the notice of ruling is served by mail, you actually get an additional 5 calendar days (in addition to the 10) to file your amended complaint.See question
I moved out from the rental house more than a month (from Oct. 1,2016) until now the landlord did not give me my security deposit yet, I asking too many time I still did not get it, can I take the landlord to the small claim court, thank you so much.
I agree with Attorney Kane's excellent answer. Under California Civil Code section 1950.5, within 21 calendar days after a tenant moves out, the landlord must either send a full refund of the security deposit, or mail or personally deliver to the tenant an itemized statement that lists the amounts of any deductions from the security deposit and the reasons for the deductions, together with a refund of any amounts not deducted. According to the California Supreme Court decision in the case of Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745, after the 21 days have transpired, the landlord loses the right to keep any of the security deposit and must return the entire deposit to the tenant.
Pursuant to Civil Code section 1950.5, the landlord may only use the tenant's security deposit for four purposes:
1) For unpaid rent;
2) For cleaning the rental unit when the tenant moves out (but only to make the unit as clean as it was when the tenant first moved in);
3) For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; and
4) If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property other than because of normal wear and tear.
A tenant who does not receive a return of the security deposit from the landlord will often need to sue the landlord in small claims court to get the security deposit back. However, the risk is that the landlord will likely countersue the tenant for damages above and beyond what the security deposit covered.See question
I have a trial court hearing for an unlawful detainer on November 4, 2016. But, the landlord filed a motion for leave to file amended complaint. The hearing for the motion is November 23, 2016. The motion has the rental agreement date wrong, a d...
If the landlord seeks leave to amend the complaint, it is also the landlord's responsibility to request a trial continuance in order for the court to hear the motion for leave to amend. You do not have to move out before the motion on November 23rd nor do you need to move out before the trial date. You would only have to move out if you lost the trial, in which event, the landlord must obtain a judgment and writ of possession and then have the sheriff serve you with the writ and a 5 day notice to vacate. However, if you voluntarily move out before the trial date, then possession is no longer at issue. This means the unlawful detainer case no longer has trial priority, and the unlawful detainer action (if the landlord chose to continue to pursue it) would convert to a regular civil action for money damages.See question
I filed a cross-complaint bringing in a new party, however, forgot to include the Summons. The court filed the cross-complaint (without the Summons). Will the court allow submission of the Summons by itself for filing or will I need to re-submit...
You would prepare a summons on cross-complaint and have the clerk issue such summons. You should not (and do not need to) refile the cross-complaint.See question
We filed our Complaint in Superior Court in California. The Defendants sent a timely meet and confer letter under Code of Civil Procedure 430.41. We responded to the letter and did not agree on the issues raised. Defendants filed their declaratio...
The new law does not specify what consequences are associated with the failure to meet and confer (or untimely meet and confer), except to state that any finding that the meet-and-confer process was insufficient "shall not be grounds to overrule or sustain a demurrer." [Code Civ. Proc., 430.41(a)(4)]. As such, you should focus on challenging the merits of the anticipated demurrer to your first amended complaint in your written opposition to the demurrer.See question
I was wondering what would happen and how would you get it back. Would it include the district attorney?
You could file a civil lawsuit for "quiet title" to restore title back to you. A quiet title action is used when a person claims legal ownership to real property, or wishes to remove unauthorized or improper liens clouding the title. Alternatively, or in addition, you could report the crime to the District Attorney's office. The DA's office could file charges for Penal Code §115(A) [recording a fraudulent document], Penal Code §470(A) [forgery], and/or Penal Code § 530.5(A) [identity theft]. If a criminal action is filed, you might get title back as restitution. Assembly Bill 1698 which amended California Penal Code section 115, effective September 14, 2014, allows the DA to file an expedited motion in the criminal case to obtain an order declaring the false or forged document to be void ab initio without the requirement of a civil quiet title judgment.See question