Archived
Which is generally considered a more serious offense- perjury in court or perjury on an affidavit? (in the same case)
Frank's answer
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Answered on June 07, 2018
They are the same. The important point for you to know is that prosecution for perjury is a criminal matter which is separate and apart from your...
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Archived
How do i reopen a personal injury settlement case on grounds of coercion, collusion, fraud, duress, and theft?
Frank's answer
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Answered on June 07, 2018
If you signed a settlement agreement and release, you will not be able to successfully undo the settlement. However, if you did not receive any of...
Archived
I have not received a cross complaint or any complaint. How did an unknown Defendant appear? In the opposing partys paperwork?
Frank's answer
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Answered on June 07, 2018
You need to ask the attorney representing the public entity defendant. Perhaps this was a typo. You don't indicate in what "paperwork" the...
Archived
Do I use judicial council forms for a motion to compel discovery or for a motion for sanctions?
Frank's answer
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Answered on June 07, 2018
There is no Judicial Council form for a motion to compel responses to discovery. The notice of motion, motion, memorandum of points and...
Archived
How long time a plaintiff has to oppose the motion to set aside judgment?
Frank's answer
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Answered on June 07, 2018
The plaintiff's opposition to the motion to set aside default and to vacate default judgment must be served and filed nine COURT days before the...
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Can an attorney representing herself use 473.5 b attorney excusable neglect to set aside default?
Frank's answer
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Answered on June 07, 2018
No, she cannot. She is using the wrong code section. Code of Civil Procedure section 473(b) applies to excusable neglect by an attorney. Code of...
Does landlord pay for my hotel if she exterminated for 2 days?
Frank's answer
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Answered on June 06, 2018
No. As common as this might seem, there is actually no law in California on the question of whether a landlord is obligated to pay for the tenant's...
Archived
I had a lease that expired in 2016. I believe we on a month to month. She gave a letter today for 60 day notice to vacate says
Frank's answer
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Answered on June 06, 2018
If you are a month to month tenant, the landlord must serve you with a 60 day notice to terminate. Such notice does not normally need to indicate...
Archived
Hello, do I need to file CIV-120 if i haven’t served my wife the divorce paper? Thank you.
Frank's answer
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Answered on June 06, 2018
To dismiss the petition for dissolution, you file CIV-110 (Request for Dismissal). You do not need to file CIV-120 (Notice of Entry of Dismissal)...
Archived
I am renting a room illegally with no written agreement with the roommate whom is on lease....the apartment management does not
Frank's answer
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Answered on June 06, 2018
Yes, certainly. You are considered an unauthorized subtenant, and as such, the landlord can evict you regardless of whether or not the roommate is...
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