Is a second Form Interrogatory 17.1 request needed with a second set of Admissions requests?
Frank's answer
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Answered on April 20, 2018
Yes, if you serve a second set of RFAs, you need to concurrently serve a second set of Form Interrogatories with 17.1 checked.
In an unlawful detainer are they only allowed to ask for the back rent and any other thing has to be in a separate lawsuit
Frank's answer
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Answered on April 20, 2018
Generally speaking, an unlawful detainer lawsuit can only ask for unpaid back rent and/or restitution of the premises. This is because unlawful...
Archived
When you are given a 60 day notice can you leave the property before your 60 days are up if you find another place to live??
Frank's answer
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Answered on April 20, 2018
Yes, under California law, you can leave sooner than the 60 days but you are still liable to pay rent covering those 60 days UNLESS you serve the...
Archived
Single lodger law in case of a sublease?
Frank's answer
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Answered on April 19, 2018
No, you would not be considered a single lodger if the landlord/owner cannot access your unit freely.
Archived
Attorney Client Privilege?
Frank's answer
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Answered on April 19, 2018
The attorney client privilege does not apply here because there is no attorney-client relationship.
Archived
An attorney wants to re-open a default judgment can I re-file to to the city i have moved and now reside?
Frank's answer
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Answered on April 19, 2018
If you already have a judgment, you need to file a written opposition to the motion to set aside default and to vacate default judgment. Most...
Archived
Can a judge enter a default in civil case if served defendant has not shown up for two hearings and not answered the complaint?
Frank's answer
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Answered on April 19, 2018
There is no automatic default. You as the plaintiff must file both a proof of service of summons and a request for entry of default before the...
Archived
I filed a limited Civil suit<10,000 with two defendants both were properly served by process servers at different times
Frank's answer
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Answered on April 19, 2018
Yes, you can certainly submit a Request for Entry of Default against the non-responding Defendant #2. Most likely, you will prove-up your case...
Archived
Civil Complaint alleges two causes of action but articulates only one. Will this survive a demurrer?
Frank's answer
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Answered on April 19, 2018
It is impossible to predict the outcome of the demurrer without reviewing the operative complaint and the demurrer you filed. If the second cause...
Archived
An atty. wants to challenge my proofs of service to re-open a six year old default judgment what do I do?
Frank's answer
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Answered on April 19, 2018
If you already have a judgment, you need to file a written opposition to the motion to set aside default and to vacate default judgment. Most...
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