Archived
Demurrer hearing date set 7 months away (unlimited civil) can I petition the 3rd district for a writ of mandate for new date?
Frances's answer
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Answered on January 16, 2011
The fact that there is a demurrer on calendar does not necessarily slow the lawsuit. You can still conduct discovery during the seven months you...
Archived
Husband has a Retraining Order, can I get my gun back from the PD and have my friend hold it?
Frances's answer
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Answered on January 16, 2011
The Court Order is the law relating to the case. You may need to go back into Court and obtain a separate Order that specifically directs the...
Archived
Can I be exempted from paying the tenent relocation benefit to a tenant in a rent controlled dupex?
Frances's answer
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Answered on January 16, 2011
No. There is no hardship exception to paying relocation fees.
Archived
My apartment is infested with roaches, has no heat, etc.! Do i have a case?
Frances's answer
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Answered on January 16, 2011
You certainly do. Your landlord is required to provide heat and extermination services. See Civil Code sections 1941 and 1941.1. I would argue...
Is the septic tank the responsibility of the landlord or tenant? We live in the country and have a new landlord.
Frances's answer
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Answered on January 16, 2011
Your landlord is wrong. The landlord is 100% responsible for the septic tank. One of the things a landlord is required to do is provide you with...
Archived
Renter’s rights if property under Los Angeles Rent Stabilization is sold at auction.
Frances's answer
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Answered on January 16, 2011
The sale of the property, at auction or otherwise, does not change your rights. If you are in a rent-controlled unit, you may only be evicted for...
Archived
Is heating reequired when renting a home
Frances's answer
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Answered on January 16, 2011
Yes, a rental house MUST have heating facilities--that doesn't include the oven. If it doesn't, it is "untenantable" (uninhabitable) as a matter of...
Archived
Can I sue landlord for reimbursement for all costs associated with partial water damage repairs and further ensuing costs?
Frances's answer
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Answered on December 23, 2010
Yes, definitely. Move out. Take lots of pictures before you leave.
Archived
CAN REQUEST A MOTION TO STIKE 3 DAYS NOTICE ON EX PARTE
Frances's answer
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Answered on December 23, 2010
You can't attack the Complaint (demur or, more properly, file a "Delta Motion") because you are saying that the Complaint is untrue. When the...
Archived
My apartment leaks and they knew it was a problem before I moved in and they did not tell me.
Frances's answer
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Answered on December 23, 2010
OMG the other attorneys don't know what they are talking about.
You have no more obligation under your lease AT ALL because your landlord is in...
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