Archived
Can a lien be put on our house because a contractor didn't pay a sub contractor even though we paid the GC in full?
Frank's answer
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Answered on April 04, 2018
Yes, it is possible for an unpaid licensed subcontractor to record a mechanic's lien but only if the subcontractor served you with a Preliminary...
Archived
Do I have to RE-SUBMIT my response to UD if I was served again after the Plaintiff submitted an,” Ex Parte” for Amnd. Complaint?
Frank's answer
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Answered on April 04, 2018
Service of the First Amended Complaint for Unlawful Detainer via email only would not be valid service. Nevertheless, you should file an Answer to...
Archived
What happens if one person of a group sued in a Complain is not served for some reason?
Frank's answer
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Answered on April 04, 2018
1. Trial cannot proceed unless all of the defendants have either been served (whether or not they are defaulted) or dismissed. Keep in mind that...
Archived
Summons and Complaint steps for filing civil lawsuit?
Frank's answer
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Answered on April 03, 2018
1. Yes, the clerk will assign a case number (stamped on the summons and complaint) as well as give you a notice of case assignment to a specific...
Archived
Civil case dismissed...now is there a time limit for the other party to refile?
Frank's answer
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Answered on April 02, 2018
Yes. A new complaint can be filed and would be viable so long as it is not barred by the statute of limitations. The filing of the...
Archived
Motion to compel discovery (not further) and deem RFAs -- hearing questions.
Frank's answer
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Answered on April 02, 2018
Although the court still has discretion to consider a late opposition, most likely your motions will be granted if a timely opposition was not...
Archived
Am I paid up until the 5th because I have a grace period?
Frank's answer
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Answered on April 02, 2018
Your roommate is mistaken in thinking that a grace period is tantamount to free rent. A grace period is only additional time to pay the rent...
Archived
Filing counter set-case for trial Unlawful Detainer suit?
Frank's answer
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Answered on April 02, 2018
Any defendant who answered (or all defendants) can sign and file the same UD-150 Request/Counter-Request to Set Case For Trial.
Archived
Is it legal for my landlord to enter my apartment without my consent?
Frank's answer
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Answered on April 02, 2018
Yes, the landlord is required to provide advance "notice" (except in the case of an emergency). A tenant's "consent" is NOT required. California...
Archived
In California, must a pro se defendant who files a motion to transfer on forum non-conveniens grounds attend hearing in person?
Frank's answer
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Answered on April 02, 2018
You will most likely be able to appear telephonically via CourtCall. California Rules of Court, Rule 3.670, was put into place in 2008 as a policy...
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