Archived
We were not disclosed as tenants in caliofnria lead paint or the heater not working. i called both building code and lead safe
James's answer
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Answered on January 18, 2013
I understand your frustration
Are the judges biased? I don't know. You will need specific evidence. People who lose at trial tend to blame the...
Archived
Lawyer asking for discount on rent that was not paid.
James's answer
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Answered on January 18, 2013
Are you sure it's a counterclaim? Counterclaims are not allowed in unlawful detainer. But, as Mr. Rafter said, the tenant can claim a setoff for a...
Archived
If the GOOD & SERVICES are different would it be trademark Infringing & how does the courts deem it infringing?
James's answer
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Answered on January 18, 2013
I think a court would very easily find a likelihood of confusion. E.G. Men's Fashion could be construed as a version of E.G. Women's directed to a...
We have decided not to renew our tenants lease. how much notice must we give them? Is it possible they will refuse to go?
James's answer
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Answered on January 18, 2013
Unless the lease requires notice, you don't have to give any upon termination of a lease for a fixed term. The tenants received notice about when...
Archived
I was hired for a PT position in retail in CA (under 30hrs) often I work 30-40 w/no extra $ or benefits. Is that legal!
James's answer
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Answered on January 18, 2013
Whether you are entitled to extra money for extra hours depends on your compensation structure. If you are paid by the hour, you should be...
Archived
Is it illegal for my employer to discriminate me for being gay ?
James's answer
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Answered on January 18, 2013
Yes. In California, discrimination on the basis of sexual orientation is illegal.
Discrimination is never easy to prove. You should immediately...
Can we file an appeal on a lost eviction case?
James's answer
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Answered on January 18, 2013
Like Mr. Chen, I am confused. What did the attorney try to serve by certified mail? A summons and complaint cannot be served by mail, certified or...
Landlord's homeowners insurance and implied warranty of habitability.
James's answer
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Answered on January 18, 2013
As Messrs. Daymude and Chen imply, no law prohibits an insurance company from covering the claim.
Archived
I think my health is being compromised by my neighbor who is smoking pot and it's getting into my apartment.
James's answer
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Answered on January 18, 2013
A medical marijuana card does not mean that your landlord has to accept your neighbor's pot smoking. It only provides an exemption from criminal...
How do I make sure a waiver of costs and malicious prosecution is valid?
James's answer
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Answered on January 18, 2013
I think actually that if you sent an email back saying "ok" and dismissed the action, you would probably have an enforceable agreement to release...
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