Archived
On the Petition for Writ of Mandate, where the order of the court is challenged, who is listed as the Real Party in interest?
Randy's answer
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Answered on March 26, 2015
Yes. The other party in the action would be the real party in interest.
Archived
Mandatory Settlement Conference. Do I have to give them my bank account numbers?
Randy's answer
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Answered on March 05, 2015
I am sorry, but I do not see the portion of that form that asks for account numbers. if it does, this information is not given to the other side,...
Archived
What can I sue prior landlord for in small claims California, for giving me only 16 days to move out? I moved to avoid conflict.
Randy's answer
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Answered on March 04, 2015
I don't think you have a claim. As you said, you left to avoid conflict. You left to avoid a lawsuit. Under your situation, because fo the...
Had driveway widen SIX years ago with hoa ok.now six years and three hoa companies later they want me to remove the extension
Randy's answer
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Answered on March 03, 2015
That would depend on the language of the CC&R's. I believe that the statute of limitations for enforcing CC&R's is five years. The fact that...
Archived
Does a residential lease contract continue on to the original first year if documents on new second year lease lack all papers.
Randy's answer
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Answered on March 03, 2015
More information is needed to answer the questions. Usually, residential leases contain a provision that says that upon expiration of the lease,...
Archived
Can I attach only a part of a hearing transcript to a writ of mandate?
Randy's answer
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Answered on February 23, 2015
I don't think that the entire record needs to be provided, only the relevant portions. If the petition is going to be filed in the Court of...
Archived
I have a statute of limitations issue. If I file a lawsuit and amend it to add a new claim when does the SOL stop 4 the claim?
Randy's answer
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Answered on February 23, 2015
The safest bet is to file both claims before the 2 year period runs. There are instances where a complaint can be amended to add a new claim even...
Archived
Defendant answered the UD complaint requesting a payment plan to pay back rent at the trial; what if later it's not fulfilled?
Randy's answer
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Answered on February 20, 2015
You can enter into a stipulation for entry of judgment which will detail the payment plan. You file the stipulation with the court and request an...
Archived
Need advice after a 15 year old on roller blades ran into the rear passenger door of my daughter's car causing damage.
Randy's answer
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Answered on February 20, 2015
I don't think you or your daughter have any option other than to file a claim with your auto insurance carrier. There is a law in California that...
Archived
Does title control exclusive use of home. Title of home is in Husbands name as he purchased home prior to marriage in 2009.
Randy's answer
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Answered on February 20, 2015
It sounds like you have three questions here: who owns the home, who is entitled to stay in the home, and did W's attorney mess up. Unfortuntly...
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