Archived
Can a defense to an unlawful detainer be that the landlord is lying in the complaint?
Frank's answer
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Answered on February 01, 2011
No, lying is not a defense to an unlawful detainer case. You can assert retaliation as a one of your affirmative defenses in the unlawful...
Can the defense of overpayment of rent be used for an unlawful detainer complaint based on a 30-day notice?
Frank's answer
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Answered on February 01, 2011
No, overpayment is not a defense in a 30-day notice case. However, Mr. Fink is incorrect with respect to the cross-complaint issue. ...
Archived
I have ben in a sexual relationship with the owner of the marina where i rent a studio apt.we resently broke up now he wants to
Frank's answer
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Answered on February 01, 2011
Yes, it is legal for an owner to evict you. The other attorneys are correct. Your rights are the same as any "tenant" in a landlord-tenant...
Archived
As a member of an LLC purchasing real estate in California be personally responsible for losses of that company?
Frank's answer
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Answered on January 31, 2011
A non-managing member of an LLC should not have any personal liability for the LLC's financial losses.
You should take a look at the LLC's...
Where are statutory damages for retaliatory eviction obtained?
Frank's answer
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Answered on January 31, 2011
Yes, the tenant must sue separately. A tenant who is the victim of retaliatory discrimination has a cause of action for damages under the Fair...
Archived
Our primary residence is about to go into foreclosure. In our search for solution we came across the company that transfers the
Frank's answer
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Answered on January 31, 2011
A scheme which utilizes successive false bankruptcies is a scam.
What happens after a writ of execution when no assets are found?
Frank's answer
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Answered on January 31, 2011
After the 180 days, the writ is returned to the court of issuance as expired and a new writ will have to be issued to levy again. This can happen...
Archived
Arbitration and Arb. Appeal to an auto accident has been ruled 100% against me. If I sue, do I have to sue for all damages?
Frank's answer
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Answered on January 31, 2011
If you lost the arbitration and the arbitration appeal, you don't have the right to sue. You might have the opportunity to oppose the petition to...
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Archived
What can a creditor do if it wins a judgement in california?
Frank's answer
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Answered on January 31, 2011
You don't indicate the dollar amount of the judgment being sought (or entered) against you. There are many ways a creditor can enforce a judgment...
Archived
Do I qualify for the mortgage forgiveness debt relief act.
Frank's answer
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Answered on January 31, 2011
You should qualify. Under the Mortgage Debt Forgiveness Tax Relief Act of 2007 (applicable till the end of 2012), you might not need to pay any...
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