What effect (if any) does a defendant's general demurrer have when it's filed BEFORE a plaintiff's application for a TRO/OSC?
Frank's answer
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Answered on November 25, 2017
There is none. Procedurally, the fact that there is a pending demurrer and motion to strike has no direct bearing on the application for TRO and...
HI,FORM CIV-100 NEED TO BE MAILED OUT TO THE DEFENDANT IN UNLAWFUL DETAINER BY SOMEONE ELSE OTHER THAN THE DEFENDANT?
Frank's answer
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Answered on November 24, 2017
The Request for Dismissal needs to be mailed out by someone other than a party in the lawsuit (an adult over the age of 18). Normally, it is the...
Can i make a tenant sign a two year lease in california?
Frank's answer
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Answered on November 23, 2017
Yes, you can require any tenant to sign a two year lease. It will be up to the prospective tenant whether or not to accept such a condition. It...
If a deponent fails to sign the deposition transcript or make changes within 30 days of its availability, is the option waived?
Frank's answer
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Answered on November 22, 2017
Correct. Pursuant to CA Code of Civil Procedure section 2025.520(f), if the deponent fails or refuses to approve the transcript within the...
Archived
My tenant agreed to break a lease early for a set payment and now doesn't want to. Can I hold them to it?
Frank's answer
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Answered on November 22, 2017
No, it does not appear there was a meeting of the minds. A valid contract requires an offer, acceptance, and consideration. Therefore, the lease...
What does "Judgment Package Received - Stipulated (A: 11-20-2017 )" mean?
Frank's answer
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Answered on November 22, 2017
It only means that your re-submitted judgment packet was received by the court. It does NOT mean judgment was entered.
Archived
When i did fill out form civ-100 , I forgot to mark question # 8, and I did not singe and date the # 8, , which dose not apply?
Frank's answer
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Answered on November 22, 2017
No. If you are also seeking a default judgment in addition to entry of default, most likely, your Request for Clerk's Judgment or Court Judgment...
In California, can a plaintiff successfully plead a claim for "Unfair Business Practices" in a habitability action?
Frank's answer
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Answered on November 22, 2017
Yes, it is certainly possible for a plaintiff in an uninhabitability case to successfully plead a cause of action under Business and Professions...
Archived
We were in a lawsuit and the judge saw the lawsuit couldn't have been filed (and it can be seen just by looking at the papers)
Frank's answer
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Answered on November 22, 2017
No, if there is a final judgment, you need to await the outcome of the appeal. You cannot file a petition for writ while the appeal is pending.
When a judge strikes an answer, does that mean there is a default judgment against the defendant automatically?
Frank's answer
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Answered on November 22, 2017
No, it does not. After the court strikes an answer, the plaintiff must submit a request for entry of default and for default judgment (either by...
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