Archived
Must 2 defendants who files Declarations through their lawyer saying they were not served Summons or Complaint have to appear at
Frank's answer
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Answered on June 22, 2018
Your post does not indicate the nature of the "hearing". Generally speaking, if a party to the lawsuit has not been properly served with the...
Can a CA landlord deduct carpet cleaning fees $150 from security deposit?
Frank's answer
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Answered on June 22, 2018
Pursuant to CA Civil Code section 1950.5, the landlord may deduct from the security deposit to clean the premises to return the unit to the same...
Archived
Is this legal?
Frank's answer
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Answered on June 22, 2018
Yes, it is legal if the language of the offer makes it clear the contingencies. A contingent job offer means the employer has presented the...
Can you Motion to Strike Affirmative Defenses?
Frank's answer
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Answered on June 22, 2018
While it is possible to file a motion to strike affirmative defenses and/or file a demurrer to the answer, I suggest you not waste your (or the...
Do I have to wait 30 days after I have served the First amended complaint to submit the default?
Frank's answer
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Answered on June 22, 2018
Yes. However, if the defendant has not yet answered, you cannot just mail serve the first amended complaint. You need to have the first amended...
Archived
Does the California Evidence Code apply onnly to criminal hearings and trials.?
Frank's answer
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Answered on June 22, 2018
The California Evidence Code applies to all evidence in both criminal and civil matters. Evidence Code section 776 applies to civil actions.
I want I want to know how to place property into a sole tenant situation following the death of one of the joint tenants
Frank's answer
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Answered on June 22, 2018
When title to real property is held by two people as joint tenants with right of survivorship, when one dies, the other joint tenant automatically...
Archived
I won small claims case. Defendant appealed. Can I seek damages in trial de novo that I didn't seek in small claims case?
Frank's answer
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Answered on June 22, 2018
No, you cannot add new claims or seek more damages than what was originally alleged in your Plaintiff's Claim. An appeal of a small claims court...
Archived
How do I proceed?
Frank's answer
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Answered on June 22, 2018
If you were involved in an auto accident yesterday, you need to report the accident to your insurance carrier. At any point in time, you can seek...
Appealing a denial of request of the court for an ADA Accommodation: what is the law making it appealable -appeal cases exist!?
Frank's answer
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Answered on June 22, 2018
California Code of Civil Procedure section 904.3 provides "An appeal shall not be taken from a judgment of the appellate division of a superior...
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