Archived
I think I estimated the amount I sued for wrong (too little); can I edit this amount? If not what else can I do to correct?
Frank's answer
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Answered on March 31, 2011
Yes. In fact, for due process reasons, you must do so because the court's maximum award can only be what you ask for in your claim.
If your...
Archived
Thank you to the attorneys that responded, but one more question in regards to unlawful detainer?
Frank's answer
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Answered on March 31, 2011
If you are proceeding as a jury trial, it is the jurors you need to impress, not so much the judge.
Your plaintiff's case in chief should be...
Archived
Can I get my deposit returned if my landlord kept my security deposit but did not make any repairs to his home.
Frank's answer
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Answered on March 31, 2011
The relevant questions are whether you actually caused or were otherwise responsible for causing $900 in floor damage, and whether the landlord...
Archived
Abstract of judgement
Frank's answer
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Answered on March 31, 2011
The judgment lien on real property can only be removed when the judgment is paid or otherwise settled and a notarized document called...
Archived
Can I expect the at fault parties insurance to offer a settlement?
Frank's answer
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Answered on March 31, 2011
Yes, but not until the other party admits liability and not until the other party's insurance carrier has had an opportunity to review your medical...
Archived
Can I subpoena to depose a witness after answer by opposition?
Frank's answer
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Answered on March 31, 2011
Yes, you can definitely subpoena third party witnesses for deposition before the hearing on the demurrer. You do not have to wait for the outcome...
Archived
Can an employer make me pay or deduct sick days used over what has been accrued at time of resignation in final pay?
Frank's answer
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Answered on March 31, 2011
I agree with Attorney Kirschbaum's response.
Might your former employer have a PTO (Paid Time Off) policy, as opposed to a...
Archived
A tenant moved out owing back rent (partial payments were made in months but not full amount) it has been a year. What can I do
Frank's answer
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Answered on March 31, 2011
Under California law, as the landlord, you have the duty to mitigate your damages. This means finding a replacement tenant. You are entitled to...
What is under seal
Frank's answer
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Answered on March 31, 2011
While the general rule is that documents filed in a court case are public records open to examination, the court may order that certain documents...
Archived
I am renting a home and the sheriff gave us a eviction notice but we are not the owners. Some one told me that if I file BK
Frank's answer
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Answered on March 31, 2011
You should NOT file for bankruptcy, and you do NOT need to move out within 3 days.
It appears that there was a trustee's sale (non-judicial...
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