Archived
Can I deduct late fees from the security deposit when a tenant vacates if it is stipulated in the Lease Agreement?
Frank's answer
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Answered on January 18, 2011
No, the clause is not legally binding. California Civil Code section 1950.5 specifically allows the landlord to use a tenant's security deposit...
Archived
Does a manufacturer's representative need a contractors license to represent his product in California?
Frank's answer
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Answered on January 18, 2011
The answer depends upon whether you performed any work in California, or did the licensed contractor which the customer chose perform the actual...
Does plaintiff have to be served when counterclaim is filed?
Frank's answer
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Answered on January 18, 2011
Yes, the plaintiff has to be served. if you are in state court (Superior Court of California), service of the cross-complaint can be done by mail...
Archived
How to take insurance to small claims?
Frank's answer
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Answered on January 18, 2011
If you wish to sue Mercury Insurance Company, you do not need to know the names of the officers to take Mercury Insurance Company to small claims...
Can a rental tenant sue the HOA directly or do they have to resolve the issue with the landlord.
Frank's answer
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Answered on January 18, 2011
No, the tenant has no standing to sue the HOA directly. The tenant must resolve the issue with the landlord. Only the person on title to the...
Archived
In small claims case if witness cannot come to court, can they give a written statement instead?
Frank's answer
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Answered on January 18, 2011
It depends on the small claims judge. While the rules of evidence are relaxed in small claims court, the judge still has to consider the fact that...
Archived
Can I go back to into court to file Opposition for summary judgement, due to CLERK error in filing, I had filed the OPP in time.
Frank's answer
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Answered on January 18, 2011
Probably not. I am assuming that there was a hearing on the motion for summary judgment and that you appeared at the summary judgment hearing. ...
Archived
I lent money to owner of a business for the business, he is claiming personal bankruptcy now and trying to roll note into it
Frank's answer
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Answered on January 18, 2011
As Attorney Myers indicates, it depends upon the form of the business. If the business is a sole proprietorship, then you are out of luck if the...
Archived
Tenant notice?
Frank's answer
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Answered on January 18, 2011
Not correct. California Civil Code section 1946 provides that "as to tenancies from month to month either of the parties may terminate the same by...
Archived
How do i take my niece to small claims court for defaulting on a credit card debt?
Frank's answer
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Answered on January 18, 2011
I agree with Attorney Myers. Legally, you can take your neice to small claims court and obtain a judgment, but it would be much better if you...
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