Does Rule 41(a)(1)(B) (two dismissal rule) apply to dismissal of cases that weren't even served or one filed in state court?
Anthony's answer
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Answered on September 21, 2015
I agree with Mr. Stempler. The Federal Rules of Civil Procedure do not apply to state court actions in California. As long as the statute of...
Archived
Can someone sue me for quiet title if I sold the property before the lawsuit was filed? What are the damages?
Anthony's answer
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Answered on September 21, 2015
An attorney would have to review the entire complaint and learn the underlying facts of the case to determine whether or not you were a proper party.
Archived
What kind of Lawyer do I need for car got vandalized the police. Report says grand theft my daughter took my vehicle
Anthony's answer
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Answered on September 18, 2015
I agree with Mr. Kestenbaum. It is not clear at all whether your daughter is being charged, or if you now know who stole the car and want to sue...
Archived
Can I sue for legal malpractice?
Anthony's answer
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Answered on September 18, 2015
I'll ask you the first question the State Bar would ask you or the law firm if they investigated this matter. Did you have a written retainer...
Archived
When a Calif residential tenant, in possession, is sued, with claim for just unpaid past due rent, an amount over his security
Anthony's answer
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Answered on September 17, 2015
You've asked a version of this question three times. You've been told the correct answer every time. You can apply the security deposit to unpaid...
Archived
If I amend a complaint after I got an order for service of publication, will I have to do the publication all over?
Anthony's answer
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Answered on September 17, 2015
I agree with Mr. Mathew. You have the complaint served by publication on the defendants for which the publication order applies. The entire...
Archived
What circumstances turns a UD case to $20,000 in attorney fees? When rent was paid on time. After a short sale transaction.
Anthony's answer
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Answered on September 17, 2015
Unless you are not telling us something, those fees are ridiculous for a run of the mill eviction. What are the grounds for the eviction?
Archived
Do I file a motion to vacate or a motion to set aside the judgment, or do nothing?
Anthony's answer
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Answered on September 17, 2015
I disagree with Mr. Neel. You have a problem in that you acknowledge being served and it sounds as though the clerk has entered your default. The...
Archived
Are we entitled to any relocation fee if our current lease of a single family home is month to month?
Anthony's answer
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Answered on September 17, 2015
Relocation fees are a component of rent control ordinances. Because you state that the rental unit is a single family residential, you most likely...
Archived
How do I serve "3 day notice to pay or quit" to a couple signed the lease? their lease expired and is on
month to month.
Anthony's answer
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Answered on September 17, 2015
If they are cotenants, you can serve the three day notice to pay or quit on either of them or both. As to the actual summons and complaint, you...
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