Archived
I was served a UD & summons. The summons, SUM-100, stated I had 30 days to respond. Is motion to quash correct form to rebut?
Charles's answer
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Answered on December 09, 2012
First, check to see if the court clerk actually entered the default. An astute clerk may have noticed that the wrong summons was issued, and...
Archived
As a new landlord of a condo, can u raise the rent up to market value for current tenant? (costa-hawkins law)
Charles's answer
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Answered on December 09, 2012
The fact that you are a new landlord does not change your ability to increase the rent under Costa-Hawkins. Your rights under Costa-Hawkins are...
Archived
Can i be excluded from my parents estate because i'm a step child?
Charles's answer
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Answered on December 09, 2012
I agree with the answer of my colleague.
You should note, however, that "persons of the half blood" are not the same as stepchildren under the...
Archived
What can I do to show proof that I am my father's daughter without a birth certificate to obtain a passport ?
Charles's answer
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Answered on December 09, 2012
Unfortunately, passport applications are not a subject that many lawyers deal with.
The United States' State Department can give you guidance...
Archived
How does preserving issues for Writ of Mandate re: a discovery motion decision, differ from preserving issues for appeal?
Charles's answer
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Answered on December 08, 2012
I doubt this issue comes up very often.
In general, the same rules of review apply in writ proceedings and in appeals. You need to look to...
Archived
How do i get an order from a Superior Court Judge to enforce arbitration clause, in order to dismiss a small claims case?
Charles's answer
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Answered on December 01, 2012
It appears that the small claims judge wants you to file a petition to compel arbitration in the superior court, pursuant to Section 1281.2 of the...
Archived
What legal consequences will an attorney face for violation and non compliance of Evidence code 1560(e)?
Charles's answer
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Answered on November 30, 2012
I assume the attorney in question is one that you previously hired to represent you, but does not represent you now.
In terms of the subpoenas,...
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Archived
Debt Collection Lawsuit filed by Plaintiff's Counsel with No Prior Collection Letter - Does this violate any collection rules?
Charles's answer
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Answered on November 30, 2012
I am surprised that a debt collector would proceed directly to court, without first contacting you. I do not believe, however, that there is any...
Archived
Can I serve a California Superior Court suit on a defendant, who may live/work in California, while they are out of state?
Charles's answer
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Answered on November 27, 2012
There is no problem with serving defendants wherever you can find them. I have actually seen people serve one another in the courthouse in...
Archived
Fighting foreclosure in California. When / How to bring in the supposed owner of the first?
Charles's answer
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Answered on November 26, 2012
At an absolute minimum, you should name as a defendant each and every person and entity who is foreclosing or threatening to foreclose on your...
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