I am going to have served a 1st amended complaint on defendants counsel today by a licensed server. Do I need to have a summons

If you are adding new parties, then you should have the court clerk issue a Summons on First Amended Complaint. Otherwise, it is not absolutely...

Can an attorney threaten a party with criminal penalties during a civil trial?

There is a California ethical rule which prohibits an attorney from threatening criminal, administrative, or disciplinary charges. Specifically,...

I got a 3 day notice served in person. then on the second day i recieved in the mail another 3 day. which 3 day notice

The 3-day notice which you were personally served is the operative one. No, under California law, the 3-day notice does not need to be signed to...

No, the HOA is not responsible, you as the owner/landlord are responsible for the relocation costs. In California, the HOA may cause the...

Can a plaintiff use criminal statutes in C/A's in a civil proceeding?

Yes. A person may be criminally as well as civilly liable for assault and battery. The California Penal Code defines assault as an unlawful...

Litigation question on ethics

Yes, it is absolutely okay for the parties to speak directly to each other without their respective attorneys present for purposes of settlement...

Someone ows me 10.000$ He gave me a personal check for the loan return, he has insufficient funds. How can i get the money?

In California, writing a check without sufficient funds may be a crime. If you believe you were a victim of criminal conduct, you should bring the...

Am trying to take someone to court but am not sure where the person lives how can i serve her?

You will need to hire a private investigator or an attorney who practices debt collection in order to locate this individual. If you have the...

Leasing a commercial building and found out our landlord is subleasing the roof of the property to another business in New York.

It is probably not illegal. Unless your commercial lease provides otherwise, you really have no rights with respect to what the landlord does with...

Tenant has two month`s left on lease roommate left tenant pay`s half rent stays full month leaves before exp. of lease dep.?

Attorney Sansone provides the correct law. Normally, under California law, you as the landlord are not entitled to deduct future rent from the...