Archived
Motion in Limine to preclude all evidence from trial was never served to us and was not presented the first day of trial. What..
Frank's answer
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Answered on July 08, 2018
The next step would probably be a motion for new trial pursuant to California Code of Civil Procedure section 659. However, an attorney would have...
Archived
How much will the total wage garnishment be? does the amount on the paperwork include all the fees and interest?
Frank's answer
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Answered on July 08, 2018
The sheriff can only garnish up to the amount of money indicated on the writ of execution (which presumably shows the $6,300). A judgment creditor...
Archived
What are my responsibilities as a tenant in terms of how the dwelling is left after moving out
including repairing A/C ?
Frank's answer
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Answered on July 08, 2018
The "repair and deduct" remedy would not apply to air conditioning.
You are responsible for making the premises as clean as when you first moved...
Archived
DO I HAVE A CAUSE OF ACTION ?
Frank's answer
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Answered on July 08, 2018
Based just upon what you stated, you probably do not have a viable cause of action to file a lawsuit against your landlord or building manager. ...
Archived
By law when your let go of a job , aren't you suppose to get reason letter and your last paycheck?
Frank's answer
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Answered on July 08, 2018
If you are let go, your employer does not need to give you a reason. However, the employer must give you your final paycheck. An "at will"...
Archived
If you have to consolidate a case with another action because they belong together because they arose from the same action
Frank's answer
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Answered on July 08, 2018
Yes, you can. However, if you are the plaintiff in both cases, one option is to simply dismiss one of the actions without prejudice (such as the...
Archived
I need to amend the complaint on a civil unlimited case, can I request to amend it before serving the defendants?
Frank's answer
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Answered on July 08, 2018
Yes you can amend. You do not need to request permission amend, nor do you need a stipulation for leave to amend. If no defendants have yet filed...
Archived
Can a plaintiff get exception for 4 yr time limit if fraud was used to prevent knowledge of harm done.?
Frank's answer
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Answered on July 08, 2018
First of all, you should know that the statute of limitations for fraud in California is three years, not four years. Secondly, whether or not the...
Archived
Do I have to pay my full rent if I never received my mailbox key??
Frank's answer
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Answered on July 08, 2018
Yes. Interesting scenario. Unfortunately, however, California law does not allow a tenant to withhold rent under such situation. Normally, a...
Archived
How much time do I have to vacate a void judgment in California?
Frank's answer
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Answered on July 08, 2018
If the judgment is truly a void judgment -- void on its face (and not merely a default judgment obtained due to defective service of a summons and...
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