Archived
May an attorney use their business/trust account for personal expenses?
Frank's answer
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Answered on January 11, 2011
Absolutely not. An attorney must maintain a separate trust account. (California Rules of Professional Conduct Rule 4-100.)
Once a Chapter 7...
Archived
Does a landlord in SF, CA have to accept a subpeona for a person stating residence at a property that has never been a tenant?
Frank's answer
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Answered on January 11, 2011
No. If the subpoena is directed at a purported tenant, you as the landlord do not have to accept service of the subpoena.
Archived
Small Claims-is it over after the appeal?
Frank's answer
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Answered on January 11, 2011
Congratulations! A judgment on appeal is final. As the Plaintiff, once the Court sends you a notice that you won the appeal, you can go ahead...
Archived
What is considered permanent property when a renter leaves my rental property? Specifically fence/livestock shelters.
Frank's answer
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Answered on January 11, 2011
Unless the written lease provides otherwise, the fence, gates and barbed wire are considered fixtures which must remain with the property when the...
Archived
Can I sue a California attorney who disclosed attorney-client communication to the State Bar?
Frank's answer
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Answered on January 11, 2011
It might be. However, keep in mind that the attorney-client privilege is not absolute. There are exceptions to the attorney-client privilege such...
Archived
Will my HELOC lender foreclose on my home after bankruptcy,even if my mortgage is current and both loans are with the same bank?
Frank's answer
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Answered on January 11, 2011
If both of your loans on your home are current, even though the current market value is less than the combined loan amounts, there should be no...
Archived
Is it illegal for someone to state that, if compensated, they would suppress information related to alleged criminal wrongdoing?
Frank's answer
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Answered on January 10, 2011
Yes, it might be considered extortion. It might also constitute tampering with evidence. An attorney would need more facts to provide a more...
Archived
Did my bank breach a fiduciary duty? Is this sufficient for a litigation claim?
Frank's answer
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Answered on January 10, 2011
This is probably not a breach of fiduciary duty, but maybe a breach of contract and perhaps even a fraud case. An attorney will have to review the...
Archived
My roomate is using heroin in our apt I moved out because getting caught is a felony and i dont use drugs & regardless of whose
Frank's answer
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Answered on January 10, 2011
Yes, you can fight this in court. I assume the two of you probably have a lease agreement with the landlord but do not have a written contract...
Archived
How do you give notice to the other parent regarding the mediation appointment date and time?
Frank's answer
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Answered on January 10, 2011
You need to give written notice of the mediation date, time and place. Oral notice by itself is insufficient, but oral notice in addition to...
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