Archived
Can my boyfriend attorney file the unlawful detainer in a different venue knowing that I was going to quash the service?
Jethro's answer
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Answered on October 25, 2016
The UD is properly filed in the county in which the property is located.
Unless you paid your ex rent, you may well only be a licensee or...
NIED vs. IIED: Is it reasonable to bet that, even though a Defendant's conduct exhibited some INTENTIONAL behavior regarding...
Jethro's answer
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Answered on October 25, 2016
It's hard to say without seeing the pleadings, and knowing more facts. However, it certainly makes sense to give the judge/jury both options, since...
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Archived
Lawsuit filled against me almost 3 years ago, can it be thrown out or dismissed?
Jethro's answer
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Answered on October 25, 2016
Yes, there would be grounds to seek dismissal for failure to diligently prosecute and serve the lawsuit. See e.g. Code of Civil Procedure Section...
Archived
CAn police take you to jail for trespassing if you have a lease and keys to front door?
Jethro's answer
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Answered on October 25, 2016
If your brother was essentially scammed (and there are a lot of such scams on Craigslist), and the person who "rented" him the property had no...
Archived
What can I do about continuing problems with roommate. We are both on the lease.
Jethro's answer
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Answered on October 25, 2016
Have you suggested mediation? It can be quite useful, and is often available free thru community boards or other sources.
Otherwise, your best...
Archived
I am in California. Can my Landlord tell me I can't make wine at my rental house. Even though this is Legal in CA.
Jethro's answer
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Answered on October 25, 2016
Unless restricted by the rental agreement, you can generally use the premises for any lawful purpose. So, if the wine-making is not prohibited by...
Archived
Hypothetically of course, if I have 7months of late fees and never pay them, can I be evicted?
Jethro's answer
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Answered on October 25, 2016
Late fees are generally illegal in CA. residential leases. See Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7. However, you still may be...
Archived
If I continue to pay rent after breaking a lease in CA and vacate does the landlord still have to mitigate damages?
Jethro's answer
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Answered on October 25, 2016
Some leases incorporate the remedy provided in Civil Code Section 1951.4. If so, then the burden basically shifts to the tenant to locate an...
Is a long term oral lease agreement enforceable in California?
Jethro's answer
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Answered on October 25, 2016
Although there are equitable exceptions to the Statute of Frauds set forth in Civil Code Section 1624, it seems doubtful that the tenants would be...
Archived
How to amend an unlawful detainer
Jethro's answer
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Answered on October 25, 2016
If the defendant has not filed an answer, you may have the right to simply file a first amended complaint under Code of Civil Procedure Section...
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