CMC form #4 - the other side put as a complaint breach of contract-common counts, but on the initial summons they

This error will not help you in the underlying claim. The CMC statement is not the operative pleading. The Complaint is. Focus your efforts on...

Which court can I sue in? Federal or State?

To sue in federal court, generally the claim must exceed $75,000 and the parties typically are located in different states, or one of the parties...

Can you use physical force in CA pursuant to Civ. Code Sec. 50 to abate Nuisance caused by secondhand smoking?

As I answered before, no you cannot use physical force to stop someone from smoking. Doing so will subject you to possible criminal charges for...

Neighbor tree issue that cashier’s causing damage to my Fence

Contact the owner and work something out to either fix the fence or remove the tree, or both. Be careful doing anything to the tree. In...

Can the buyer of my house that is for sale refuse to wire money and close and force me to sign a release of liability?

It depends on the purchase and sale agreement, the escrow instructions, all the facts involving the issue with the neighbors and other matters that...

My neighbors tree branches are growing over the fence into my house. Who pays to have them trimmed? The roots are on his side?

Property line trees are the equal responsibility of the neighbors. If the tree is fully on his side of the fence, but branches grow over onto your...

I live in an modest 3 units per building Condo . I have the smallest unit of the 3 , yet I pay the same in monthly HOA fees .

It is probably not housing discrimination. It is common for HOA's to assess dues based on the unit without giving any consideration for the size...

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Can a property management company charge legal fees to a HOS member if no legal documents were received .

To answer these questions will probably require review of your CC&Rs and the rules and regulations for your HOA. It may be possible for the mgt co...

How do we stop paying annual maintenance fees on a Mexican timeshare?

This would be tough for anyone on AVVO to answer. To give any kind of an answer, the contract needs to be reviewed. It also may be subject to...

How should title be held on the purchase of a home with my son, that he will live in but I am initially paying for?

It depends on too many issues to really give you good advice. You are married. Is your husband going to have any interest in the property? Is...