What are some of the reasons an unlawful detainer action would not go to trial if I have requested and want, a jury trial?
Kenny's answer
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Answered on September 08, 2010
The answer is very simple. Jury trial is expensive for the landlord and the outcome can be too predictable for the landlord to take a chance on....
Archived
How do I get my deposit back
Kenny's answer
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Answered on September 08, 2010
There are ways to cancel the purchase contract without losing your right to get the deposit back. You should have consulted an attorney to come up...
I was served with a 5 day Notice to Vacate by a Sheriff, but never received any other type of notice, Is this legal?
Kenny's answer
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Answered on September 08, 2010
Your question seems to suggest that there has been a UD action litigated to a judgment for possession. By the time the Sheriff posted the 5-Day...
Archived
Can I remove my UD case to Federal Court in which I am the Homeowner being evicted by the bank?
Kenny's answer
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Answered on September 08, 2010
In deciding whether there are federal questions, the court looks at the complaint itself. A UD complaint almost never raises a federal question. It...
Archived
Is there a statue of limitation on the foreclosure process?
Kenny's answer
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Answered on September 08, 2010
No, the number of postponements is not limitless. After the third postponement, if the trustee wants to do it the fourth time, he has to record,...
Archived
Can i put my daughter out/ change the locks-since she never followed the 60 day eviction notice i gave her? 1 lawyer said yes
Kenny's answer
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Answered on September 08, 2010
I don't think you can do that to your daughter. What you did is against the law. If you go to court, you probably won't get any sympathy from the...
Archived
How can i evict 70 years old tenant who tried to make a problem.
Kenny's answer
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Answered on September 08, 2010
The fact that he's elderly shouldn't affect your right to evict him as long as you have proper grounds to do so. But what city laws has he...
Archived
I received a 3 day pay or quit notice on the 1st. isn't a tenant in default the day after rent is due, thus being the 2nd?
Kenny's answer
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Answered on September 07, 2010
If the eviction is based upon a notice that's not validly served, the landlord cannot prevail on the UD action. As you'd stated, the 3-day notice...
I have a California Real Estate Broker's license. Will my license be affected if I file a Chapter 7 bankruptcy?
Kenny's answer
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Answered on September 06, 2010
There are several grounds for which you may be disciplined. Filing bankruptcy is not one of them. So I don't believe your license will be affected...
Archived
Are property managment companies bound to adhere to the laws governing the state in which they operate rather than their own?
Kenny's answer
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Answered on September 06, 2010
The property management company has a difficult job to do in this instance. They represent the landlord's interest. They want to protect the...
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