Archived
For how long I have to keep trying to serve unlawful detainer? What forms I need to file if tenant keeps avoiding?
Steven's answer
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Answered on September 08, 2020
California Code of Civil Procedure section 415.45 provides:
(a) A summons in an action for unlawful detainer of real property may be served by...
Archived
Must proof of existence of oral contract be attached to a complaint for breach of oral contract?
Steven's answer
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Answered on September 03, 2020
An oral contract should be pleaded in the complaint according to its legal effect. This pleading needs to be in the complaint itself and should...
Archived
Who attends the status conference and what about the defendant according to the Rules of the Court?
Steven's answer
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Answered on September 01, 2020
Any party who has filed papers in the lawsuit is required to attend status conferences, but if the party is represented by an attorney, it is the...
Archived
It is a limited jurisdiction , I am a defendant as in pro per, Plaintiff had lawyer. Her counsel is unethical.
to settle ?
Steven's answer
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Answered on August 16, 2020
As a party to the action, you have the right to communicate directly with the Plaintiff regardless of whether you yourself are represented by...
Answering Interrogatories
Steven's answer
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Answered on August 11, 2020
It is impossible for an attorney to give you a comprehensive answer to this question without full knowledge of your case.
Under California Code...
Archived
After an appeal reversed §473 motion, which filing date is operative for determining diligence for a subsequent equity motion?
Steven's answer
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Answered on August 05, 2020
As you correctly state, the defendant had to prove diligence in bringing the motion in equity to set aside the default. Because the court had...
Real estate litigation: Quiet title action and partition action?
Steven's answer
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Answered on July 23, 2020
From what you have written, it sounds like all the claims not only can but should be put into the same lawsuit lest they be waived.
Augmenting An Appeal Record?
Steven's answer
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Answered on July 20, 2020
You do need to file a motion. California Rule of Court 8.155(a) provides:
(1) At any time, on motion of a party or its own motion, the...
If I gave money for a specific reason and I signed a gift affidavit but the person used the money for something else, can I sue
Steven's answer
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Answered on July 13, 2020
A gift is a gift, and the recipient can do whatever he or she wants.
A gift affidavit can be useful to show that something (a car, for example)...
Is it best to get emancipated or adopted by a friends parent due to emotional abuse ?
Steven's answer
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Answered on July 10, 2020
Every person deserves to be treated with respect and there are many resources out there. I freely admit that I am not the most knowledgeable...
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