The statute I am allowed relief under for a hearing and court order allows me to proceed under it. This being so, would asking for injunctive relief be necessary for other causes of action in my complaint not covered or should I just limit the req...
No. Generally speaking, a plaintiff has the right to elect remedies. However, the better practice is to seek all available remedies in the allegations of the complaint, and to make the election of remedies later.See question
I signed an agreement to get my $ back on an investment on March 9 2014 for an investment of 20 thousand on my part and have only received $4,000 s far. What are my chances of fighting this in court
Assuming the handwritten document is sufficient to constitute a written contract, the statute of limitations in California for breach of written contract is four years from breach or date of last payment, whichever is later. No one can really assess the viability of your claim without examining the handwritten document. Moreover, there might be a serious legal issue as to whether your $20,000 was a "loan" or an "investment". Generally speaking, while there might be an obligation to repay a loan, there is not necessarily an obligation to pay a guaranteed return on investment (wherein money is put at risk in exchange for a higher return).See question
A 30 days notice was posted on my door on 9/10/16, as of today I don't have the mailing copy. According to Califirnia code secition 1162 service is not complete until mailing copy is placed in the mail. I don't have much tin left.
No, you are correct that service of the notice that was only posted is invalid. As such, you may have a viable defense in an unlawful detainer action. However, generally speaking, it would be better without any unlawful detainer action being filed, since this could be detrimental to your prospects of finding rental housing in the near future. You are better off pointing out the defective service, and agreeing to move out on a date certain.
A landlord may serve a 30-day or 60-day notice by certified mail or by one of the methods described under Code of Civil Procedure section 1162, which provides:
"(a) Except as provided in subdivision (b), the notices
required by Sections 1161 and 1161a may be served by any of the
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from his or her place of residence, and
from his or her usual place of business, by leaving a copy with some
person of suitable age and discretion at either place, and sending a
copy through the mail addressed to the tenant at his or her place of
(3) If such place of residence and business cannot be ascertained,
or a person of suitable age or discretion there can not be found,
then by affixing a copy in a conspicuous place on the property, and
also delivering a copy to a person there residing, if such person can
be found; and also sending a copy through the mail addressed to the
tenant at the place where the property is situated. Service upon a
subtenant may be made in the same manner."
My landlord has given me 60 day notice to move on the grounds that he is renovating the property to sell. However, there are three other units in my building and he has already begun work on one of them without having the tenant move. I have been ...
No, unless the rental dwelling is subject to the Los Angeles Rent Stabilization Ordinance, you would not be entitled to relocation assistance. Since your building is not located within the City of Los Angeles, the Los Angeles Municipal Code does not apply.
Generally speaking, a 60 day written notice to terminate a month to month tenancy does not need to provide a reason for the termination.See question
I am faced with poorly drafted complaint from pro se person. I know that what they wanted to plead was possibly breach of contract. However the complaint does not designate any cause of action and does not plead facts to state claim for breach of ...
A complaint does not necessarily need to specifically label a cause of action in order to state facts sufficient to constitute a cause of action. The court determines whether there is any viable claim, regardless of the title under which the factual basis for relief is stated. (Burns v. Neiman Marcus Group, Inc. (2009) 173 Cal.App.4th 479, 486.) A demurrer for uncertainty cannot be filed if this is a limited jurisdiction case. Also, a demurrer based upon uncertainty isn't going to knock out the claim.
Regardless, if you plan to file a demurrer, keep in mind that California law now requires you to meet and confer with the plaintiff beforehand. See:
Is the statute of limitations for property damage in California still 3 years?
Yes, in California, the statute of limitations for property damage is three years from the date the damage occurred. See California Code of Civil Procedure section 338.See question
I have a letter from some attorney offer for help it have the case number but i haven't got anything from the court yet what should i do please advise.
Such letters are typically sent by attorneys looking to represent you. You have no obligations to respond to the lawsuit unless and until you have been served with the summons and complaint. Once you have been served, you have 30 days to respond by filing an answer or general denial. You can ascertain the case status online. For example, for the Los Angeles Superior Court, go to: http://www.lacourt.org/casesummary/ui/index.aspx?casetype=civilSee question
1. How long do I have to serve an Amended Complaint (in this case 2nd amended complaint: 2AC) on Defendants, [ FYI: all defendants have appareled or filed answers or motions or demurrers to first amended complaint previously. Some defendants are ...
You should have served all defendants on the same date that you filed the Second Amended Complaint. If you did not, you should do so immediately. If all defendants have appeared in the action by filing an answer or demurrer, then you can have the Second Amended Complaint served by regular mail to their attorney of record. You can concurrently serve your Statement of Damages if this is a personal injury case. There is no need to serve the summons again on defendants who have already appeared.See question
I am wanting to get a copy of my file from my attorney, and his assistant told me they have a "copy fee" and I'd have to pay a per-page copy fee to get a copy of my file. Can they do this?
You are the client, and it is YOUR file. You are entitled to the original file, the entire file. If the attorney wants to make a copy, the attorney can do so at the attorney's own expense (unless your retainer agreement says that you agree to pay for the photocopying costs). The California Rules of Professional Conduct require an attorney to return to a client all papers and property to which the client is entitled at the end of the representation. The complete original file belongs to the client and the attorney may copy the file at his or her own expense.See question
I filed a superior court lawsuit. The company does not have an agent for service in California; it had one but the company was Surrendered on the SOS site. I read CCP 415.40 and it seems to say I can just send a copy of the summons and complai...
With respect to CCP 415.40, a plaintiff can serve an out-of-state defendant by certified mail, return receipt requested. The caveat, however, is that the defendant must sign the return receipt and you must get back the return receipt from the post office because you will need to attach the original signed return receipt to the proof of service of summons that you need to file with the court.
With respect to CCP 415.30, if the defendant signs and returns the Notice and Acknowledgment of Receipt, (which you can mail by regular U.S. mail) it would constitute valid service of process.See question