Archived
Do we have to compensate our tenant who doesn't want to stay in the rental while we are dealing with a mouse infestation?
Frank's answer
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Answered on February 17, 2011
You are absolutely correct about the tenant having some responsibility here. Mice don't magically appear overnight. And you certainly did the...
Archived
What forms and/or additional pleadings do I need to file a civil unlimited lawsuit? Do I file it, and then serve it?
Frank's answer
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Answered on February 17, 2011
Standard forms are available at the Clerk's Office or online at www.lasuperiorcout.org for common proceedings. Judicial Council forms are...
Archived
What is the law regarding tenants pay full cost to replace carpeting in the unit upon move out. We lived there 2 years.
Frank's answer
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Answered on February 17, 2011
California law uses the normal wear and tear rule. (Civil Code Section 1950.5(e).)
Normal wear and tear to carpets, drapes and other...
Archived
What happens when I sue an attorney in small claims? Can they appear?
Frank's answer
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Answered on February 17, 2011
Yes, the attorney you sue can certainly appear in small claims court. The only difference (or rule) for such hypothetical lawsuit is that the...
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Archived
How do I start the process to turn an arbitration award received over 100 days ago into an enforceable judgment? (Los Angeles)
Frank's answer
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Answered on February 17, 2011
Yes, you also need to prepare a Summons. This is used to notify the respondent of the petition.
You should attach a copy of the arbitration...
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Can i get sued twice for the same debt, the first one was dismissed.
Frank's answer
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Answered on February 17, 2011
Yes, you can get sued a second time for the same debt if the first case was dismissed by the court without prejudice (which is typically what...
Archived
Is it normal for just the judge and the claimant to be present at the appeal date?
Frank's answer
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Answered on February 17, 2011
Yes, it is normal in certain types of appeals. You don't indicate what type of appeal to which you are referring. Is it a small claims appeal, an...
Archived
Which would be the best type of response to a summons?
Frank's answer
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Answered on February 17, 2011
Honestly, no one can really answer this strategy quesion without having carefully read and analyzed the complaint, and without knowing the client's...
Archived
Are all California Court reporters audio recording Court events or is it optional?
Frank's answer
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Answered on February 17, 2011
There isn't any fixed rule or uniformity throughout the courts of the State of California. But for the most part, unlimited jurisdiction courts...
Archived
Do judgments survive bankruptcy, or are they discharged?
Frank's answer
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Answered on February 17, 2011
The civil judgment would normally be discharged unless the basis for the judgment is either fraud or breach of fiduciary duty, in which case a...
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