Archived
My Mother was served an eviction notice by text message. Is this a valid form of delivering notice to vacate?
Scott's answer
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Answered on December 22, 2018
The text probably does not count. See the requirements at CCP 1161(2). The are various required details for the notice and must be delivered in...
What happens when a Plaintiff cannot show up in person to a deposition?
Scott's answer
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Answered on December 22, 2018
The way to force a plaintiff to testify is through a motion to compel. CCP 2025. A party can be compelled to sit for a deposition in the county...
Archived
Will I be able to file a claim without making things worst or will the claim be a waste of time?
Scott's answer
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Answered on December 21, 2018
You have two parts to your question both are complicated. As to the tenancy at the apartment, you have to determine if the landlord breached the...
Archived
Can a deposition for a civil case in CA be postponed? If so, how would one go about doing that?
Scott's answer
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Answered on December 19, 2018
The code requires you to meet and confirm, so you should notify the opposing counsel in advance and offer alternative dates. See CCP 2025 for the...
Archived
My neighbors moved and now the new owners are demolitioning the house. Its close to my property. aren't they suppose to notify ?
Scott's answer
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Answered on December 19, 2018
Many cities have demolition ordinances that would require notice if they house is older. Also, a house that may have asbestos or other dangerous...
Archived
Can I be denied qualifying for commissions based on the failure of a fellow employee or sub contractor?
Scott's answer
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Answered on December 19, 2018
Even though you work in construction, how you are paid by your employer is an employment law question. Seek counsel from an employment attorney...
Archived
Tenant Unlawful Detainer Response Question
Scott's answer
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Answered on December 19, 2018
It is difficult to understand all of the facts you have outlined, but if the landlord attempting to evict you through the UD is not a property...
Statue of limitations to sue landlord for habitability if our loss in trial in our UD was appealed and won?
Scott's answer
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Answered on December 19, 2018
The implied warranty of habitability is subject to a 4 year statute if based on written lease, two years if no written lease. CCP337, 339. Even...
Archived
Amend three-day notice and complaint after tenant moves out but did not pay rent
Scott's answer
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Answered on December 19, 2018
Once tenant moves out and possession is not longer an issue, you cannot proceed to trial in UD. It must be converted to a general civil case for...
Archived
Mold?
Scott's answer
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Answered on December 19, 2018
If you are the tenant, you should request that the landlord do the tests. They may resist due to cost and risk, but you should document the...