Archived
On Jan 4th 2011 our unlawful detainer was denied possesion due to a defective 3 day notice. Can we refile another 3 day notice
Frank's answer
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Answered on January 18, 2011
Yes, you can re-serve a new 3-day notice and then after the expiration of the 3 days, file a new unlawful detainer action.
However, as...
Storage unit contained leak damaged all my property are they liable
Frank's answer
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Answered on January 18, 2011
The cause of action would be for fraud (and alternatively for negligent misrepresentation). However, fraud is difficult to prove and requires a...
Archived
Could a notary act as a witness for estate planning
Frank's answer
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Answered on January 18, 2011
Yes, a notary public could act as a witness.
Archived
I hold the deed for a condo owner who has not paid his mortgage for the past four months
Frank's answer
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Answered on January 18, 2011
I don't know if you can ever convince a borrower who is four months in arrears to agree to a deed in lieu of foreclosure, but you can try. You...
Archived
If I sue in Small Claims and lose, can I file the same action in Civil Court?
Frank's answer
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Answered on January 18, 2011
No, you cannot refile the same case that you lost Small Claims Court in Superior Court. And you apparently already know that a plaintiff who loses...
Archived
Should I pay the fine from the HOA now or wait?
Frank's answer
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Answered on January 18, 2011
Wait a minute. If you are a tenant and not the owner, you should speak with the owner about the procedures set forth in the HOA's CC&Rs and Bylaws...
Archived
How do I put a real estate property into a LLC. Do I need an atty to redo the operating agreement to include property info?
Frank's answer
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Answered on January 18, 2011
The other attorneys are correct in terms of using Grant Deed to transfer title to the LLC.
However, with respect to the Operating Agreement,...
Archived
Can I alter any current civil suit for wrongful termination to include defamation of character, slander
Frank's answer
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Answered on January 18, 2011
Yes, you can file an amended complaint (or a supplemental complaint) if new facts arise. If the defendant/employer has already answered the...
Archived
I have lived and managed the a10 unit apartment coplex for 16 years and have rjust receivd a 60 day notice, and was also striped
Frank's answer
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Answered on January 18, 2011
You didn't pose a specific question.
Under California law, the owner has the absolute right to terminate your employment as well as to serve...
Archived
Do you need a hard copy of a signature for a contract?
Frank's answer
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Answered on January 18, 2011
The sentence would be good to have, but it is not absolutely essential. There indeed have been changes to California's (repealed) "Best Evidence...
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