A "lender" placed a mortgage on my property and it was signed by someone that does not own my property. What is my recourse?
Frank's answer
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Answered on March 22, 2018
You will need to hire a real estate litigation attorney to file an action to quiet title and to cancel the instrument which was recorded on your...
Does my response to an Ex-Parte Application require a proof of service?
Frank's answer
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Answered on March 22, 2018
No, in typical practice, an opposition to an ex parte application does not need a proof of service.
Can landlord place a for sale sign in yard of property I am a tenant?
Frank's answer
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Answered on March 22, 2018
Generally speaking, yes, unless your lease or rental agreement specifically prohibits the landlord from doing so.
Archived
I live in an HOA. I've been told that they want to take me to open court. Since I'm on defensive, can I file a class action suit
Frank's answer
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Answered on March 22, 2018
No, what you describe would not warrant a class action lawsuit. A class action typically requires all of the following: (1) the class is so...
Question about a California Civil Trial Continuance Request?
Frank's answer
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Answered on March 22, 2018
Based upon your description of the facts, it is unlikely that the court will grant the ex parte application to continue the trial. The plaintiff's...
Archived
When do I bring up that a case was dismissed without prejudice to a judge ?
Frank's answer
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Answered on March 22, 2018
You would have to file a noticed motion pursuant to California Code of Civil Procedure section 473, subdivision (b), and articulate the reason or...
Archived
The complaint in my UD case has no verification on it from my landlord nor from there attorney. Does this make a difference.?
Frank's answer
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Answered on March 22, 2018
No, not really. Keep in mind that in California, the reason for the verification on a complaint for unlawful detainer is not the signature nor the...
Archived
How much time does a former tenant have to sue her landlord in California small claims court for unreturned security deposit?
Frank's answer
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Answered on March 22, 2018
You still have time to sue. If you had a written lease or rental agreement, the statute of limitations in California for breach of written...
Archived
Fraudulent transfer?
Frank's answer
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Answered on March 20, 2018
The key issue is not whether the sale took place before or after a lawsuit was filed but rather whether there was an actual intent to hinder, delay...
Does my landlord need to give 60 day notice for us to vacate our condo, and does notice have to be in writing?
Frank's answer
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Answered on March 20, 2018
No, not necessarily. In California, a landlord can end a periodic tenancy (month-to-month) by giving the tenant proper advance written notice. The...
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