Archived
What can we do to make a homeowner respond to the need for fumigation, and provide access to the pest control company?
G.'s answer
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Answered on April 16, 2019
You should check the Association's CC&R's and send a letter to the owner identifying the applicable section requiring cooperation for the...
Archived
Defendant is excellent at avoiding service of restraining order papers. She has to be personally served, no sub service allowed.
G.'s answer
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Answered on March 26, 2019
You should hire a process server (not the Sheriff) and pay them to conduct a stake out. When the Defendant leaves their house and/or work the...
Archived
An employee, and on occasion an owner, of a business sexually harass me at a public farmers market. Can they be held liable?
G.'s answer
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Answered on March 22, 2019
From the limited facts you posted it appears there may be grounds for a Temporary Restraining Order and/or a Preliminary Injunction as to the...
How do I defend a TRO (unserved but filed and granted) from someone who is using this to gain notoriety. I'm in media.
G.'s answer
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Answered on March 22, 2019
You would be well served to hire an attorney, request a hearing to defend the allegations, and request that the TRO be dissolved and that no...
In Calif. small claims court can you sue for punitive damages ?
G.'s answer
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Answered on March 21, 2019
You can sue for up to $10,000.00 in small claims, and pray for punitive damages up to that amount. However, if you ask for more than $10k you...
Archived
How come the appeals court hasn’t determined (or won’t say) who the judge panel is at the time oral argument waiver is issued?
G.'s answer
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Answered on March 20, 2019
You won't be told who the justices are on your case until the day of the oral argument itself. That is how it is typically handled in the...
Archived
How can i evict a person from room with no contract involved?
G.'s answer
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Answered on March 20, 2019
Yes, you can evict the tenant. You would have to first serve a written Thirty-Day Notice to Terminate Tenancy to the "at-will" tenant under Civil...
Archived
I was served with an unlawful detainer w/no court date. The detainer is dated 3/19/19 w/ 30 days notice attached what can i do?
G.'s answer
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Answered on March 20, 2019
You can't find the case on the Court's website because Unlawful Detainer actions are confidential for a period of time per statute. You can call...
I was given hand written 30 day notice to leave the premises signed by landlord he misspelled the other tenants first name.
G.'s answer
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Answered on March 20, 2019
A scrivener's error/misspelling does not necessarily invalidate a notice or a complaint. If the tenant knows it is them on the face of the notice...
Archived
My landlord isn't taking proper steps to rent unit out after notifying of breaking lease. Is he wrong?
G.'s answer
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Answered on March 14, 2019
It appears that you haven't surrendered possession yet. The landlord doesn't have to mitigate his damages until you actually vacate the unit since...
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