I recently received a discovery request in an unlimited civil matter and happen to the notice the proof of service by mail has an error by the person serving it. The service was from an attorney's legal assistant who in error, probably because t...
The exact address on the proof of service by mail is inconsequential (unless the address is out of state, which would entitle you to additional time to respond). Otherwise, this error does not void the service. If you think you need additional time to respond to this discovery request, you should just ask for an extension of time (and memorialize the extension in a writing).See question
No, if the defendant files an Answer (albeit more than 30 days after service of the Summons and Complaint), a Request for Entry of Default would be improper and would be rejected by the clerk for filing.See question
This question relates to CCP section 2030.300 (c). (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the pro...
Yes. If the responding party serves supplemental responses, the 45 days starts from the service of the supplemental responses (but only with respect to the interrogatories for which there are supplemental responses).See question
I am currently living in an apartment that has many safety and health hazards and I am breaking my lease. In order to do that I need to pay $2000 to break the contract. However I am a low income student and I want to know if there is any way I can...
The $2,000 sounds like a liquidated damages clause for early lease termination. Whether or not the amount is reasonable will depend upon the amount of your monthly rent. Other than finding a subtenant or replacement tenant, you could simply move out and just take the risk that the landlord will come after you for breach of lease. Generally speaking, you are liable to pay rent for the entire duration of the lease but the landlord is legally obligated to mitigate damages by finding a replacement tenant. So if you walk out on your lease, you might not have to pay the $2,000 but you would risk potential litigation for the next four years, which in turn would probably adversely impact your credit score.See question
I filed a lawsuit and they settled with me before I got a chance to sign depo and return. Original still in my possession. I never signed or returned original. Can this depo be used against me in a new lawsuit?
Yes, the transcript of your deposition taken in this case can be used in any other case. Your sworn testimony would be admissible evidence. However, a new lawsuit based upon the same claims would probably not be viable if your settlement included a general release with a waiver of California Civil Code section 1542.See question
Yes, a plaintiff can file a Request for Entry of Default at any time so long as the defendant has not yet responded. However, if the party has responded, a Request for Entry of Default would be improper (and would be rejected by the clerk for filing).See question
Granted, everything is filed and served properly.
The answer will depend upon whether the plaintiff is seeking a default judgment by clerk or default judgment by court (which requires more paperwork as well as a judge to review). Generally speaking, in Los Angeles, a default judgment will be granted within 30 days, and must be done within 45 days. However, any errors which cause the clerk to reject the default prove-up packet will delay entry of judgment.See question
I am a seller . On July 14-2017 I signed above contract at escrow office Later I find out many items are not correct . On July/17/2017 I sent my letters of cancellation to all related parties The closing date is set on August-30-2017 Do ...
It is not clear whether the buyers are agreeable to cancel escrow. It is also unclear what items are incorrect. A seller cannot unilaterally decide to cancel escrow unless the specific situation is covered in the purchase agreement and/or joint escrow instructions. Without a mutual agreement to cancel, the escrow remains open and the buyer can file a lawsuit for specific performance to compel the sale and concurrently record a notice of lis pendens to cloud your title.See question
UD was filed in Jan 2017 we beat that case was dismissed April 2017. Landlord filed again in May 2017 we left property prior to trial being set on June 26, Plaintiff then filed case for trial on June 28 and started propounding discovery request. ...
Cross-complaints are not permitted in unlawful detainer cases. Even though the unlawful detainer case was converted to a civil case for purposes of a trial for damages only, it would not be advisable to file a cross-complaint in the unlawful detainer action because you are limiting yourself to the amount of discovery available to you. You are better off initiating a separate lawsuit, whether in limited jurisdiction or unlimited jurisdiction court, then filing a notice of related case, and then making a motion to consolidate the two actions.See question
The clerk served notice of entry of judgment by email (not mail). The California Rules of the Court indicate that a Motion for Attorneys' Fees has to be filed within the same time as a notice of appeal, meaning 60 days from the notice of entry of ...
The motion for attorneys fees should be filed 60 days after the notice of entry of judgment. You do not get the extra days, regardless of whether the notice of entry of judgment was served via email or regular U.S. mail. And of course, you need to have been represented by counsel in order to be able to successfully be awarded attorney's fees pursuant to a statute or contractual provision.See question