How long does a judge have to sign a Writ of Possession after landlord wins judgment for possession after a trial?
Frank's answer
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Answered on June 19, 2018
The judge signs the judgment. The clerk, not the judge, issues the writ of possession. A writ of possession cannot be issued unless there is a...
Archived
How long before trial after a response is file can we file a cross complaint?
Frank's answer
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Answered on June 19, 2018
In a limited or unlimited superior court lawsuit, if the cross-complaint is a "complusory" cross-complaint, it must be filed concurrently with the...
Is asking a court to "Avoid a Fraudulent Transfer of Real Property in a active civil case a Cause of Action which can be added?
Frank's answer
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Answered on June 19, 2018
Yes it is. You can seek leave of court to amend your current/original complaint to add a cause of action to avoid fraudulent transfer. It is a...
Archived
When filing a motion in limine, do I have to also ask the court to restrict improper impeachment?
Frank's answer
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Answered on June 19, 2018
Probably not. A motion in limine is used to exclude evidence, that is, to limit or prevent certain evidence from being presented by the other side...
Archived
Can you recieve an eviction notice without a 30 day notice?
Frank's answer
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Answered on June 19, 2018
It is not clear what you mean by "eviction notice". If you did not pay rent, you would be receiving a 3 day notice to pay rent or quit, not a 30...
Archived
If the tenant does NOT have renters insurance can a landlord charge the tenant the deductible for their insurance?
Frank's answer
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Answered on June 19, 2018
No, unless the lease or rental agreement expressly requires the tenant to pay the deductible. Otherwise, the fact that the tenant does not have...
Archived
Do I have to pay rent when served a 60 day notice ?
Frank's answer
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Answered on June 19, 2018
Yes, when a tenant is served with a 60 day notice, the tenant must pay rent covering the entire 60 day period. It is not clear when the landlord...
Archived
What is the standard pricing for eviction services in the state of California?
Frank's answer
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Answered on June 19, 2018
There is no standard pricing because the reason for evictions vary, and the geographic location also affects the cost. Not all evictions are based...
Archived
What can I do if a tenant refuses to sign the lease renewal?
Frank's answer
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Answered on June 19, 2018
If the lease expired and you did not accept any rent covering the period following the expiration of the lease, you can proceed with filing an...
Archived
Is CA property owner legally required to disclose that rental home's HVAC system is non-operable before tenants execute lease?
Frank's answer
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Answered on June 19, 2018
No, the landlord is not require to provide such disclosure to a potential tenant. However, the landlord is required to maintain habitability,...
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