Bought a property subject to a Lis Pendens. Quiet title suit was found against the person that recorded the Lis Pendens.
Frank's answer
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Answered on November 01, 2018
A notice of pendency of action (also known as a notice of lis pendens) requires a pending lawsuit which affects title to or right of possession to...
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Can the court dent my request for reconsideration if I file after 10 days of the hearing if I have not recieved the order?
Frank's answer
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Answered on November 01, 2018
No, you cannot file a motion for reconsideration of the denial of your first motion for reconsideration because the second CCP 1008 motion would...
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I have my demurrer hearing tomorrow as I am the defendant in the eviction.
Frank's answer
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Answered on November 01, 2018
If the basis for the unlawful detainer is non-payment of rent, it is unlikely that the court will sustain your demurrer without leave to amend...
Archived
In CA How long after ud default is filed will i have to move ?
Frank's answer
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Answered on November 01, 2018
The timing will depend upon the landlord or landlord's attorney. After entry of default, the landlord must then apply for a default judgment. The...
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I have won $1100 payment from the defendant but I want to file an SC-108 - can the payout decrease because of me filing this?
Frank's answer
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Answered on October 31, 2018
No, you cannot use SC-108 to try to get the court to award bad faith retention penalties and/or additional damages for breach of the implied...
Archived
What are my rights to exercise reduction in security/ damage deposit for lodger who stayed two month in room in my house?
Frank's answer
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Answered on October 31, 2018
Pursuant to California Civil Code section 1950.5, the landlord may only use the tenant's security deposit for four purposes:
1) For unpaid...
Does California Civil Procedure Code 128.5 (sanctions) apply beyond the trial court?
Frank's answer
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Answered on October 31, 2018
It does not. However, California Rules of Court, Rule 8.276, allows the Court of Appeal to impose sanctions, including the award or denial of...
Amending complaint and response to demurrer? How should one respond to demurrer?
Frank's answer
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Answered on October 31, 2018
You are correct. If no defendant has filed an answer, the plaintiff can amend the complaint once as a matter of right without leave of court...
Archived
Attorney is wanting off case?
Frank's answer
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Answered on October 31, 2018
Yes, it is possible for the attorney to successfully obtain a continuance of the settlement conference, but it is unlikely on such short notice. ...
Archived
Federal Motion and Timeline Serving Opposition.
Frank's answer
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Answered on October 31, 2018
Generally speaking, it is not necessary to serve a conformed stamped notice of motion to the opposing side. In federal court, motions are filed...
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