Archived
When serving an amended UD complaint on a tenant is the form POS-020 sufficient and appropriate?
Frank's answer
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Answered on April 19, 2018
If the tenant did not answer the original complaint for unlawful detainer and you then filed an amended complaint, the amended complaint (along...
Archived
When a tenant generally denies each statement as a defense in an Eviction, what kind of answer is that? Is it a trick ?
Frank's answer
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Answered on April 18, 2018
By generally denying each allegation, it forces the plaintiff/landlord to prove each and every element for unlawful detainer. It usually is not...
Archived
Does anyone have the actual statute(s) about material fact disclosure requirements for residential real estate?
Frank's answer
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Answered on April 18, 2018
Disclosures upon transfer of residential property are covered under California Civil Code sections 1102 - 1102.17. Unfortunately for you,...
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I have a summons for a credit card for $6000 and don’t know how to answer it.
Frank's answer
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Answered on April 18, 2018
If you were served with a Summons and Complaint, you should first record the date and manner in which you were served, and then retain a lawyer to...
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Is a subpoena necessary to depose an expert witness?
Frank's answer
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Answered on April 18, 2018
A deposition subpoena is necessary for non-retained experts, A notice of deposition alone is insufficient.
I received a letter from superior. Court in California that says our case (foreclosure) Order has been dismissed in its entirety
Frank's answer
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Answered on April 18, 2018
The answer depends upon whether you are/were the plaintiff or the defendant. If you were the plaintiff, then you lost. If you were the defendant,...
Archived
Do I file a motion to quash, request to Demurrer or just answer the complaint?
Frank's answer
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Answered on April 17, 2018
It is not clear whether "another unlawful detainer" refers to a first amended complaint with the same case number, or a new unlawful detainer case...
Is it bad faith if my landlord violated the CA Civil Code re security deposit and charged me for extra rent after I moved out?
Frank's answer
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Answered on April 16, 2018
No, from what you describe, this does not sound like bad faith retention by either the landlord or the property management company. Bad faith...
Archived
When does a rebuttal/impeachment witness testify? Immediately after the witness whom he is rebutting? Or after both sides rest?
Frank's answer
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Answered on April 15, 2018
No, you have to wait until the defense calls all its witnesses and rests before you can call your own witnesses. No, you cannot call any witnesses...
Archived
How do I respond to civil summons from California for a breach of contract but I am not correct defendant but have same name?
Frank's answer
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Answered on April 15, 2018
You should immediately contact the plaintiff's attorney and inform him or her that they served the incorrect defendant. You should not have to...
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