My inept lawyer removed demure in my court case,allowing plaintuff to amend,Can I get the demure back?
Frank's answer
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Answered on March 30, 2018
If your demurrer to complaint was to all causes of action and the demurrer was sustained without leave to amend, then you won and the case should...
Archived
Late Fees from Tenants
Frank's answer
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Answered on March 30, 2018
A 3 day notice to pay rent or quit CANNOT be used to ask for late fees. A 3 day notice to perform covenant or quit MIGHT be used to demand late...
Archived
HOA is requiring sod. who pays for it landlord or tenant?
Frank's answer
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Answered on March 30, 2018
Unless the lease or rental agreement specifies otherwise, the landlord is responsible for complying with the HOA's requirements.
Archived
What is a closed Evection?
Frank's answer
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Answered on March 30, 2018
It means the unlawful detainer (eviction) lawsuit was disposed of, either by way of settlement, dismissal or judgment.
Archived
I’m filing a clerk judgment for a default that was previously entered. On form CIV-100 I mark box e. What about e1, e2, e3?
Frank's answer
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Answered on March 30, 2018
You will not be able to obtain a default judgment by clerk, only a default judgment by court. California law allows a court clerk to enter a...
Archived
I’m filing a clerk judgment for a default that was previously entered. I know to make box e on the civ-100. What about e1, 2, 3?
Frank's answer
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Answered on March 30, 2018
You will not be able to obtain a default judgment by clerk, only a default judgment by court. California law allows a court clerk to enter a...
Archived
Out of 16 causes of action def arged 1 conspiracy charge and it was overruled can they go into discovery with no defense?
Frank's answer
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Answered on March 30, 2018
Yes. A defendant is entitled to conduct discovery, both written discovery and oral depositions. Unless otherwise limited by order of the court in...
Archived
How do ExParte hearings work?
Frank's answer
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Answered on March 30, 2018
See San Bernardino Superior Court Local Rule 731 http://sb-court.org/Portals/0/Documents/PDF/Forms%20and%20Rules/rulesofcourt.pdf and California...
Best basics for great Trial Brief- Civil litigation Final Settlement Conference (I'm Plaintiff Negligence/Negligent Entrustment)
Frank's answer
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Answered on March 30, 2018
The approach will depend upon whether this is a court trial or a jury trial. Generally speaking, the trial brief should introduce the basic...
Archived
In my civil complaint, if I cite a wrong code section, will I lose the case??
Frank's answer
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Answered on March 30, 2018
No, not necessarily. If the defendant files a demurrer, you have the opportunity to amend the complaint as a matter of right pursuant to Code of...
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