Archived
I have been served a Summons in California Superior Court for an Unlimited Civil Case. Can I use a Pleading Paper to respond??
Frank's answer
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Answered on July 09, 2018
Yes, you should be specially preparing an Answer to Complaint on pleading paper, since there are no Judicial Council forms which apply to a...
Can an HOA require a security deposit for moving in or out of your own home/condo?
Frank's answer
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Answered on July 08, 2018
Yes. Under California law, HOAs are allowed to charge move-in and move-out fees, also called "transfer fees" pursuant to CA Corporations Code...
I was given a 3 day notice on Friday to pay or quit does Saturday and Sunday count?
Frank's answer
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Answered on July 08, 2018
Yes, both Saturday and Sunday count as part of the 3 days. You must pay the rent in full by the end of the day on Monday. The landlord is not...
Archived
Do I have a case if upon me obtaining my records it clearly shows I had sufferd a heart attack while hospitalized?
Frank's answer
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Answered on July 08, 2018
The answer depends upon whether or not there was medical malpractice. One cannot ascertain without substantially more information and reviewing...
Archived
What are my legal remedies if any?
Frank's answer
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Answered on July 08, 2018
Yes. Typically, the defendant's answer to complaint would say "erroneously sued herein as" or "also known as" if the name was not exactly the same...
Archived
Can I challenge the venue in a small claims case because of an arbitration clause?
Frank's answer
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Answered on July 08, 2018
Yes, you can defend the small claims trial both on the grounds that there is an arbitration provision (albeit not signed by the plaintiff) and that...
Archived
Recieved a notice of judgment on july 5 for a auto loanfrom 2005.how long will it take to garnish or levy my accounts
Frank's answer
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Answered on July 08, 2018
Yes, if you were not properly served, you can make a motion to set aside default and vacate default judgment pursuant to Code of Civil Procedure...
My landlord making false accusations of rent not being paid, but I did? She is discriminating and intimidating us?
Frank's answer
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Answered on July 08, 2018
If you have been served with a summons and complaint for unlawful detainer, you need to respond by filing an answer to the complaint within 5 days...
Archived
Can the landlord raise the rent before the lease is up? I signed a lease for a year and he tagged on 200 more 2 months later
Frank's answer
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Answered on July 08, 2018
No, not unless the lease itself provides for the ability for the landlord to increase the rent based upon the number of occupants. Otherwise, the...
Archived
How do I get back the cleaning fee my landlord held after I moved out?
Frank's answer
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Answered on July 08, 2018
"Everyone gets charged a cleaning fee" is not a proper response nor a valid reason to deduct from your security deposit. Pursuant to Civil Code...
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