The time depends upon the type of motion contemplated (e.g. demurrer, motion to compel further responses), as well as the court in which the action is pending (state superior court, federal district court). For state court, look at the Code of Civil Procedure and the California Rules of Court. For federal court, look at the local rules for the U,S. District Court for the Central District of California (assuming the case is pending in Los Angeles).See question
I served a 3 day notice on my tenant to remove a non-opertable and unregistered vehicle from the property driveway. now, how do I proceed ?
Assuming the 3 day notice to perform covenant or quit was properly prepared and properly served, you will need to hire an eviction attorney to file an unlawful detainer lawsuit.See question
I served a 3 day notice on my tenant to pay their half of the power bill (as in the lease) they still have not paid this. now, how do I proceed ?
Assuming the 3 day notice to pay or quit was properly prepared and properly served, you will need to hire an eviction attorney to file an unlawful detainer lawsuit.See question
No, once a defendant responds, the clerk will automatically reject a Request for Entry of Default.See question
I am 6 months behind on my mortgage payments. Can't save it. I live in the state of california. how long do i have before i have to vacate my home.
This is the first step of a non-judicial foreclosure in California. If you do not act to prevent or delay the sale, pending renegotiation or modification of the loan, your house will be sold. After three months, a Notice of Trustee's Sale can be recorded (which notice must also be posted on your property and mailed to you), and three weeks thereafter, a foreclosure sale can be conducted. Sometimes the trustee's sale can be postponed.. If sold at the trustee's sale, a Trustee's Deed Upon Sale will be issued to the new owner, who then would have the right to file an unlawful detainer lawsuit to evict you. You have special rights under the California Homeowner Bill of Rights when a lender wants to foreclose on a house you live in. Therefore, you should seek expert advice on your options as quickly as possible, but beware of scams.See question
I was just given a 60-day notice to move out by the landlord. It does not state why I need to vacate the premises. We did have a lease that started in 2014 and ended in 2015 since then we never renewed the lease.Would that be considered month to m...
Since it appears you are now a month to month tenant, your tenancy can be terminated at anytime for any reason upon service of a 60 day written notice. A 60 day notice normally does not need to provide a reason for the termination. However, if your rental dwelling is subject to the Los Angeles Rent Stabilization Ordinance (rent control), you are entitled to the reason for terminating your tenancy. Also, if the rental dwelling is subject to the Los Angeles Rent Stabilization Ordinance, you may have the right to relocation assistance if the landlord chooses to end the tenancy without "just cause". See http://hcidla.lacity.org/Relocation-AssistanceSee question
I am a landlord. My tenant, who did not pay for one month, has otherwise been a great person to rent to. Therefore I hate to give them a "Three Day Notice to Pay or Quit" since that is so severe. (When the tenant moved in they gave me part of a ...
There is no such notice that could be used to be legally effective in an unlawful detainer lawsuit. Most landlords will serve the 3 day notice to pay or quit, but then elect whether or not to act on such notice. In many instances, the landlord can decide not to evict and accept late payment of rent, or negotiate a settlement with the tenant which may consist of a date certain to move out.See question
My landlord text me stating she offered me a 30 day early out standard? Is this legal? I want to leave because of the harassment. My landlord has claimed that we ruined her grass by not watering the yard and the filter on the A/C not changed ev...
Based upon the limited facts presented in your post, you would not have legal grounds to unilaterally break the lease. However, it sounds like your landlord is offering to terminate the lease early but has not proposed specific terms and conditions. It is legal for a landlord and tenant to agree to an early lease termination. The terms and conditions are fully negotiable. There is nothing "standard". If you and the landlord do not come to a mutual agreement to terminate the lease, you remain obligated to pay rent for the entire duration of the lease (until October), but the landlord has the legal duty to mitigate damages by finding a replacement tenant.See question
I recieved a request to vacate and am to move within 60 days, I never violated any terms of my lease or had any missing payment. Also half the building received this notice WITHOUT ANY REASON ON IT. I am questioning the legality of this, and need ...
The general rule is that a 60 day notice of termination of tenancy does not require the landlord to state any reason for the termination, nor does there need to be any reason. An exception is when the rental dwelling is subject to the Los Angeles Rent Stabilization Ordinance (commonly known as rent control). In some instances, a tenant in a rent controlled unit may be entitled to relocation assistance. See http://hcidla.lacity.org/Relocation-AssistanceSee question
I was named as a witness in a case that settled. Now I am being asked to sign an agreement by the opposing party. Can requiring a witness to sign be a condition of settlement?
The witness can be "asked" to do anything, so the real question is whether the witness is obligated to sign. Generally speaking, a non-party is not obligated to sign a settlement agreement between the parties to litigation. However, in some instances, there may be a confidentiality provision or some other provision which might require a third party to consent or to agree to do (or not do), in which case, the third party (or witness) might be asked to agree to that provision only.See question