How many times can my opponent request supplemental responses to interrogatories and admissions? Additionally, about the CCP pasted below, does this refer to how many times my opponent ask for supplemental RESPONSES or is this something else? ...
For interrogatories, twice before the initial trial date is set and once more after the initial setting of trial. For request for admissions, none. The Code of Civil Procedure does not provide for supplemental request for admissions. Allowing supplemental requests for admissions is improper because, unlike other discovery
devices, the purpose of requests for admissions is not to uncover facts but to put issues to rest.
(Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1577-1578.)
Month-to-month lease. Thirty day written notice provided. Vacating premises 9/30/16. She wants to show the apartment and is already screening potential tenants. We feel VERY uncomfortable having strangers in our home when we're not there.
Yes, with proper advance notice. 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.
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
So my notice of appeal was timely filed about ten days ago. I can do a search by party name and it comes up. What are the next steps? thank you your time your answer is greatly appreciated.
You need to file an Appellant's Notice of Designation of Record.
In addition, if you are the Appellant, you must serve and file a Civil Case Information Statement (CCIS) within 15 days after the superior court clerk mails the notification of the filing of your appeal.
You will also need to file the Mandatory Docketing Statement with the Superior Court. You will be sent this form.
Later, 40 days from the filing of the record on appeal, you will be filing the Appellant's Opening Brief, along with a Certificate of Interested Entities or Persons.
For an overview of the practices and procedures in the Second Appellate District, see:
one tenants dog that was on a leash but also was a aggressive dog and has two strikes with the pound attacked another tenant dog, the other tenants dog that got attack didn't get hurt but the tenant did by the other dog and has a $1300 medical bil...
No. Pursuant to California Civil Code section 1950.5, a landlord may only use a 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.See question
My friend and I formed a general partnership opening a barber shop. We are 50/50 share and don't have partnership agreement. My friend hired her friend and other people come to the shop to work without my consent. She will do it again. Can she ...
Generally speaking, yes. Except as expressly statedin a written partnership agreement, each general partner has the same right and authority to run the business. General partners share in the profits and in the losses.See question
The 60 days are just about over. I now received a letter from a lawyer posted on door. If you were to speculate, is that a follow up to the original 60 days or a new 60 day notice? Appreciate any input. Thanks.
You should not rely on anyone's speculation regarding your important tights and obligations. You will need your own lawyer to review the initial 60 day notice as well as the letter which was just posted on your door. Even so, the most reliable answer regarding whether the letter constitutes a new 60 day notice would be the lawyer who wrote the letter that was posted on your door. Generally speaking, the landlord can terminate a month to month tenancy upon giving 60 days written notice, and can evict a tenant from an illegal rental dwelling (just cannot collect unpaid rent for the illegal dwelling). You would not be entitled to relocation assistance unless the rental dwelling was subject to the Los Angeles Rent Stablization Ordinance.See question
If so, will I be able to file an Motion of Dismissal with Prejudice before I get the actual serve files? Thank you.
Yes, however, only the court files from unlimited jurisdiction civil cases pending at the Stanley Mosk Courthouse can be downloaded from the court's website (for a fee). Images of court documents from other courthouses in Los Angeles and limited jurisdiction civil cases are not available online. Generally speaking, those documents (such as the Summons and Complaint) are the documents that are initially served upon a defendant. You can file a response (such as an Answer) and pay the first appearance filing fee to the court before you are actually served but doing so waives your right to contest personal jurisdiction. No, there is no such thing as a motion of dismissal with prejudice in state court. You might be able to file a Demurrer to Complaint in response (even before you are actually served with the Summons and Complaint), but the current law in California requires that you meet and confer with the plaintiff's counsel before you can file your Demurrer.
I read somewhere that when a state is sued, it has to be sued in federal court. I want to know how true this is. Can a state ever be sued in state court under any circumstances?
Yes, certainly. However, if you want to sue a government agency (such as the State of California), you must first file a claim with the agency before you can file a lawsuit. See California Government Code sections 945-949.See question
I'm being threatened with a frivolous breach-of-contract lawsuit from someone who, in doing LA court records searches, I see has filed 18+ lawsuits against others in recent years. Mostly small claims & civil harassment. They use variations of th...
Just because the plaintiff has filed 18+ lawsuits does not necessarily mean the plaintiff is a vexatious litigant. California Code of Civil Procedure § 391(b) describes four alternative definitions of "vexatious litigant." Plaintiff's litigation conduct must fit within one of these definitions; i.e., the court may not "mix and match" portions of each definition. (See Holcomb v. United States Bank Nat'l Ass'n (2005) 129 Cal.App.4th 1494, 1501.)
A “vexatious litigant” is an individual who has “commenced, prosecuted, or maintained” at least five non-small claims court litigations, in propria persona, where there has been a final determination adverse to the person, or which actions have been pending without justification for two years. (CCP section 391(b)(1).)
A vexatious litigant is also a person who repeatedly relitigates or attempts to relitigate the same issue or controversy against the same defendant, repeatedly files unmeritorious motions or has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantial similar facts, transaction, or occurrence.” (CCP section 391(b)(2), (3), (4).)
The vexatious litigant procedure is that the defendant makes a noticed motion that the plaintiff be required to furnish security. The motion may be made at any time before entry of final judgment. (CCP section 391.1.) If it is made prior to trial, litigation is stayed and the moving defendant need not plead until 10 days after the motion has been denied, or, if the motion is granted, until 10 days after the required security has been furnished and the defendant has been given written notice of it. The motion must be supported by a showing that (a) the plaintiff is a vexatious litigant, and (b) there is no reasonable probability that he will prevail in the litigation against the moving defendant. (CCP section 391.1.)
At the hearing, the court shall consider such evidence, written or oral, by witnesses or affidavit, as may be material to the ground of the motion. (CCP section 391.2.) “If, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant, the court shall order the plaintiff to furnish, for the benefit of the moving defendant, security in such amount and within such time as the court shall fix.” (CCP section 391.3.) The defendant seeking such an order also has the burden of proof. (Muller v. Tanner (1969) 2 Cal.App.3d 445, 464.)
Malicious prosecution is filed as a civil case, not a criminal case so the DA's office would not be involved. n California, to establish a cause of action for malicious prosecution, a plaintiff must prove that the underlying action was (1) terminated in the plaintiff's favor, (2) prosecuted without probable cause, and (3) initiated with malice. (Zamos v. Stroud (2004) 32 Cal.4th 958, 966, 973.) In other words, you must first win the case before you can later file a malicious prosection lawsuit. A malicious prosecution action can be maintained where only one of several claims in the prior action lacked probable cause. (Crowley v. Katleman (1994) 8 Cal.4th 666, 679 — probable cause must support each cause of action; Citi-Wide Preferred Couriers, Inc. v. Golden Eagle Ins. Corp. (2003) 114 Cal.App.4th 906, 913–915 —although some small amount of money was owed, most of the amount claimed in a prior action lacked probable cause.)See question
The answers to a Request for Admissions was given after the cutoff date. What happens now? Thank you.
If you have already received responses to the request for admissions, you can no longer file a motion to deem admitted (even though you received the responses late). See California Code of Civil Procedure sections 2033.280 and 2033.290.See question