Archived
What to do when the opposing party send response to further discovery request AFTER the motion to compel further response filed?
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Answered on January 18, 2013
As usual, the devil is in the details....you say that the amended discovery response is "not quite complete." Assuming that: 1.) the missing...
Archived
What can I do about my lease?
Mark's answer
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Answered on January 04, 2013
It is difficult to say much about your situation based on these few facts. Almost any lease question begins with an analysis of the written lease...
Archived
Do I have a good case against WalMart?
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Answered on January 01, 2013
You may have a valid claim against Walmart for negligently performing your oil change and failing to properly replace the plug. You will need to...
Archived
Do I need to file a copy of the stop notice at the nearest county courthouse in the same county as the project?
Mark's answer
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Answered on December 31, 2012
No, stop notices do not get filed. Just make sure you properly serve it on the owner, lender, and/or GC. Retain a copy of your proof of service,...
Archived
My question was do I need to have a contract to file a mechanic's lien? California business and professions code 7159 says yes.
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Answered on December 30, 2012
B&P 7159 deals with consumer protection legislation known as the Home Improvement Act. It does not prohibit you from filing a valid lien (which is...
Archived
Can I file a mechanic's lien without a contract?
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Answered on December 30, 2012
Yes. Mechanics liens do not require a written contract, assuming that in your case the manager had authority to purchase the improvement. Keep in...
What Minimum dollar value of mechanics lien dispute that guarantees the right to a trial by jury?
Mark's answer
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Answered on December 28, 2012
Interesting question. Generally, Mechanics' lien foreclosure actions are equitable proceedings in which there is no right to a jury trial. ...
Archived
ON WHAT LEGAL GROUNDS CAN I BREAK A LEASE HALFWAY THRU THE YR. BC OF SEVERE HEART CONDITIONS W/ TREATMNT ELSEWHERE.
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Answered on December 28, 2012
I am sorry to hear about your difficult situation. It sounds like you have roughly 6 months left on a term lease. Almost any lease question...
Archived
Asked ex landlord for reimbursement for repairs previously ok'd. walk thru ok. owner stated had to pay$ for cleaning, etc.
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Answered on December 28, 2012
If I understand your facts, your landlord returned 100% of your security deposit, but did not fully respond to your request for reimbursement of...
Archived
We have a home remodel gone horrid. The lawyers of the GC want to settle for way below any bids. Is court an option?
Mark's answer
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Answered on December 28, 2012
Generally speaking, a lawsuit may be an option if the amount in question is high enough to justify legal expenses. Check your contract to see if...
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