Archived
If both names of a married couple are on the mortgage, is survivor automatically entitled to keep house and continue mortgage?
Frank's answer
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Answered on January 13, 2011
It depends upon two factors. First, how is title to the house held? Is it either "husband and wife as community property with right of...
Archived
I am about to sign a compromse and release agreement but are concern about what I am giving up. I'm not working for the employer
Frank's answer
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Answered on January 13, 2011
Before you sign the compromise and release agreement, you definitely need an attorney to review and explain it to you. Most likely the release has...
Depositions - 3 weeks to trial, can I still depose plaintiff?
Frank's answer
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Answered on January 12, 2011
No. California Code of Civil Procedure Section 2024.020 requires that your discovery be completed 30 days before the date initially set for trial....
Archived
Second Notice to quit, does the time to quit the property restart? What is the number of the Civil Code Procedure for the Notice
Frank's answer
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Answered on January 12, 2011
Does this void the previous Notice to Quit? No, the service of the second Notice to Quit does not necessarily "void" the first Notice to Quit. The...
Archived
Should I register as a sole proprietorship or LLC?
Frank's answer
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Answered on January 12, 2011
Having adequate liability insurance coverage is much more important and much more useful for your business.
Keep in mind that you will have to...
Archived
How do I file disciplinary action on an attorney?
Frank's answer
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Answered on January 12, 2011
For information on how to file a complaint with the State bar of California, including the complaint form, see:
Archived
How can I evict a tenant on a month to month lease in Fairfield as we have other plans for the house?
Frank's answer
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Answered on January 12, 2011
No, you serve the tenant on your own, not through the court.
A landlord can serve the notice on the tenant in one of three ways: by personal...
Archived
DO I have any option after the Judge said "nothing for the plaintiff"
Frank's answer
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Answered on January 12, 2011
No. California Code of Civil Procedure section 116.710 (a) provides: "The plaintiff in a small claims action shall have no right to appeal the...
Statute of limitations on a car loan that has not been paid
Frank's answer
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Answered on January 12, 2011
Pursuant to California Code of Civil Procedure § 337, the statute of limitations for debt related to a written contract is four years, and an oral...
CRC 3.1700 requires a cost memo and sworn statement. Can a judge waive this requirement?
Frank's answer
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Answered on January 12, 2011
The CCP sections dealing with costs are 1032 and 1033.5. However, the requirement that the memo of costs be signed under penalty of perjury is...
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