Archived
Hi, we are trying to file a demurrer to an unlimited civil case and the plaintiffs haven't met and confer per code, extension?
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Answered on March 06, 2019
A declaration needs to be filed and served on the date the demurrer is due in order to receive the automatic 30-day extension under the code. You...
Archived
How soon can a landlord raise the rent when he did 6 months ago??
G.'s answer
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Answered on March 06, 2019
Further information is required before an attorney can properly answer your question. For example, are you on month-to-month tenancy? Or a fixed...
Archived
Can a landlord retaliate with legal action if we are suing for mold?
G.'s answer
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Answered on January 30, 2019
Depending on the facts and evidence, your landlord will likely not have the legal right to retaliate against you and your husband for raising a...
Archived
What is the statute of limitations on filing a claim for damages from a deposit refund that was issued past the state law of 21
G.'s answer
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Answered on January 30, 2019
If you had a written lease or rental agreement, you have four (4) years from the date of the breach to timely file a lawsuit. If you had an oral...
Archived
What is CA filing deadline for Opposing motion for summary judgment?
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Answered on January 30, 2019
Pursuant to CCP section 437c(b)(2), you have fourteen (14) calendar days before the hearing to file an Opposition to a Motion for Summary Judgment....
Archived
Am I legally permitted to "show a tenant's" room to prospective new tenants -- before my current tenant has moved out?
G.'s answer
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Answered on January 18, 2019
You are correct about the 24 hours notice, and the tenant is incorrect that you cannot show the unit while they still are in possession of the...
Archived
I received a 3 day eviction notice. The landlord knows I'm behind on rent because of my battle with cancer.
G.'s answer
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Answered on December 10, 2018
Unfortunately your health issue is not a legal affirmative defense to the non (or late) payment of rent. You should try to contact a local...
Archived
Ive been served a 60 day notice to vacate, and I live in affordable housing, and need back surgery. Is this legal?
G.'s answer
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Answered on November 19, 2018
If you are a Section 8 tenant you would be entitled to ninety (90) days' notice pursuant to Civil Code section 1954.535. If you are not, and...
Archived
May I contact previous tenants who sued my landlord in small claims court to help support my case?
G.'s answer
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Answered on November 12, 2018
Yes, you can contact the prior tenants. However, their testimony would likely not be admissible in Court. Moreover, their situations may be...
Archived
Should I take my landlord to small claims court?
G.'s answer
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Answered on August 22, 2018
You have multiple claims to consider asserting based on the facts alleged. Breach of contract, wrongful eviction, among others, come to mind. ...
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