Archived
Why does it seem homeowners fighting foreclosure are actually getting somewhere pro se than ones with council?
Richard's answer
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Answered on April 02, 2011
The truth of the mater is that very few lawsuits against foreclosing lenders, under many different legal theories, are getting much if any traction...
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Archived
Am i responsible for neighbors sewer later that runs through my vacant lot? What type of easement is this?
Richard's answer
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Answered on April 02, 2011
If there is no recorded easement, and there was no sign of an easement that the average person would have noticed when you bought the lot (hidden...
Non Leaseholder-Tenant Occupant Question
Richard's answer
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Answered on April 02, 2011
Your daughter, as a roommate, is a subtenant of the other two students. If your daughter is paying the agreed rent for her room under the terms of...
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Archived
If I have a child can an apartment complex evict me?
Richard's answer
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Answered on April 01, 2011
With very limited exceptions for senior housing,it would be illegal to evict a tenant due to familial status - Fair Housing Act . It seems the...
Archived
We are forming our LLC. For our operating agreement, should I delete my business partner as President.
Richard's answer
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Answered on April 01, 2011
I agree with Attorney Martin. I would add in the way of a general comment that the Operating Agreement is private and not a public record, so not...
Stating 'Does 1 to 10' in an unlawful detainer summons, the same as a 'Prejudgment Claim of Right to Possession' form?
Richard's answer
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Answered on April 01, 2011
You do not need to insert the Does language in the PCRP form, just the plaintiff, defendant, court and case number. The rest is for...
Archived
Can I serve the Prejudgment Claim of Possession form with the unlawful detainer?
Richard's answer
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Answered on April 01, 2011
Yes, that is exactly the time to serve it. Be sure that form is incuded on you Proof of Service.
Richard A. Rodgers, Esq. (805) 230-2525...
Archived
How can an irrevocable trust be altered or changed?
Richard's answer
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Answered on April 01, 2011
Attorney Mishkin is correct. Under Probate Code § 15403, the beneficiaries can petition the probate court to modify the trust so long as the...
Archived
Bough home with sunroom that leaks badly, how to prove previous owners had knowlege about the leak?
Richard's answer
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Answered on April 01, 2011
The Statute of Limitations to bring an action against the inspector for negligence is one year. Do you know where the seller moved to? Does the...
Archived
When you record a document (deed of trust, default notice) and you find an error and record again, which date becomes operative?
Richard's answer
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Answered on April 01, 2011
In recording the notice of default pursuant to CCP § 2924, the trustee incurs no liability for any “good faith error resulting from reliance on...
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