Archived
If I have not been given any documentations related to being served or summoned within 90 days? Can I file a motion to Quash?
Scott's answer
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Answered on December 03, 2018
Rule of Court 3.110 requires service within 60 days. If you have not been served, plaintiff is out of compliance. A motion to quash challenges...
Archived
Can my landlord force me to sign a Policies and Rules of Conduct form when I've already been living in my apartment for a month?
Scott's answer
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Answered on November 30, 2018
Your right to stay there is governed by your lease. They generally cannot evict you unless you breach your lease.
Some landlords try to...
Do I have to produce documents to opposing counsel if the demand is made by email?
Scott's answer
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Answered on November 29, 2018
The subpoena process permits opposing counsel to order the documents through the deposition officer. If none exist, there is nothing to produce...
How many days can my HOA have a security gate stuck wide open before it becomes actionable?
Scott's answer
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Answered on November 27, 2018
Start with your CCR's to see if there are any applicable rules. If not, then you should make a written request to the board and seek written...
Archived
Is a site inspection mandatory?
Scott's answer
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Answered on November 27, 2018
Follow up on the clean up is reasonable and the court would likely grant a motion to compel. However, if that has been done already and the new...
Archived
If represented by an attorney, is a party allowed to write to the Judge of a problem with attorney?
Scott's answer
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Answered on November 27, 2018
You cannot ask the judge to solve your problems with your attorney. You can fire your attorney at any time, but make sure you have a new attorney...
Archived
What can a homeowner do, when the board breaks Condominium CC&R's?
Scott's answer
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Answered on November 26, 2018
HOA disputes are always frustrating because you have to live with the people you disagree with. Think twice before proceeding because you will...
Archived
Received a Discovery Q that asks if claimant still has any complaints she attributes to her alleged termination & retaliation.
Scott's answer
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Answered on November 26, 2018
"Causes of Action" are the legal outline of your claims and are governed by pleading rules.
In discovery, "claims" infers that the question is...
Archived
How can I prove that my deceased fathers house was meant to be mine when I turn 25?
Scott's answer
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Answered on November 26, 2018
First, I am so sorry your family members has not treated you well.
You really need a lawyer familiar with real property title issues. If your...
How can I sue my original Home Inspector for breach of contract/negligence?
Scott's answer
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Answered on November 21, 2018
Your ability to sue home inspectors is usually very limited. Start with your contract. Inspectors generally assume very limited responsibility...