Archived
In a small claims trial, should you subpoena a witness?, in this case, the driver of my friend, whose been unwilling to help.
Jens's answer
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Answered on January 29, 2016
If you need that person's description of what took place in order to prove the case and they are not being cooperative, the only way to attempt to...
Archived
Any appeal can be done.need help
Jens's answer
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Answered on January 29, 2016
There is no appeal available to a plaintiff if they lose in small claims court. Once decided in one court (here, small claims court) you do not...
Archived
Can pro per attorney defendants get attorneys fees awards?
Jens's answer
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Answered on January 27, 2016
No. Pro per attorney cannot recover as attorneys fees for time they put in on the case. See Trope v. Katz (1995) 11 Cal.4th 274.
Archived
What are my rights as I have no one complaining except the association. All my neighbors think it is crazy. They are on my side?
Jens's answer
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Answered on January 27, 2016
Looks like you've already reviewed this, but to be sure, the starting point is the governing documents for your HOA [CC&Rs, any rules that have...
How can I get these speed bumps removed, or sue them for the danger, inconvenience and damage they have caused to me/my vehicle?
Jens's answer
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Answered on January 27, 2016
The resolution will depend on who owns and/or has rights to this road. This is something that should be in the title documents recorded with the...
Archived
How much interest can I charge an LLC or other Corporate entity when I loan my money for
R. E. deals? Do usury laws apply?
Jens's answer
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Answered on January 22, 2016
Yes, usury laws apply unless the loan is arranged through a real estate broker. You need to make sure any loan made is first secured by a deed of...
Archived
Would we be considered a General Partnership or Copartners legally? What is the difference?
Jens's answer
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Answered on January 21, 2016
If this is a joint effort, you would be a general partnership. Each is a partner and could be also called a co-partner. Do know that each partner...
Archived
What does it mean when the judge say it's not properly stated.
Jens's answer
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Answered on January 21, 2016
If you can't put in the time to research and learn what has to be alleged in your complaint to state this claim, you will lose on that cause of...
Archived
Since my settlement is being delayed due to a related matter, can I request additional damages and or interest?
Jens's answer
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Answered on January 20, 2016
Your questions cannot be properly answered without reviewing the settlement agreement and a thorough understanding of the underlying action that...
Does a POA or anyone else get a commission for selling a persons home through a real estate for them?
Jens's answer
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Answered on January 20, 2016
In addition to what Mr. Moss has advised, I would caution that if this elderly person has become incompetent, your POA may be ineffective. You need...
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