Archived
60-day Notice to Terminate, valid notice is in question, I've paid rent and Landlord has kept but not deposited?
Frank's answer
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Answered on November 12, 2017
When a landlord serves a 60 day notice to terminate a month to month tenancy, the tenant is still responsible to pay rent for the time covering the...
Is it legal for a landlord to return your mail to sender before the date you are to move out?
Frank's answer
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Answered on November 12, 2017
No, it is not legal to tamper with U.S. mail nor to use "self-help" methods to force a tenant to move out. Moreover, if you have been a tenant for...
Archived
Lease Agreement Addendum
Frank's answer
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Answered on November 12, 2017
In order for a lease addendum modifying the terms/conditions of a lease agreement to be valid, both the landlord and the tenant(s) must sign the...
Archived
Given a three day notice after landlord excepted a partial payment.
Frank's answer
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Answered on November 11, 2017
Yes, the landlord can go through with an unlawful detainer lawsuit if you did not pay the full amount of rent due. The 3 day notice to pay rent or...
Do I have to disclose a declaration that a witness signed to the opposing party?
Frank's answer
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Answered on November 11, 2017
Yes, unless you have a valid legal objection (such as attorney-client work product privilege-- but obviously not applicable if you are...
In a Jury Trial for an Unlimited Civil Action, Does the Jury get to Read the Original Complaint?
Frank's answer
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Answered on November 11, 2017
Generally speaking, the jury does not get to see or read the complaint nor the answer to complaint. However, if the complaint is a verified...
Archived
Do I have to reveal where I was born to the opposition if it is not relevant to the case?
Frank's answer
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Answered on November 10, 2017
Yes, you can object to Form Interrogatory 2.2 on the grounds that it seeks information which is not reasonably calculated to lead to the discovery...
Archived
How To Prevent Or Object To Defendants Abusing The Meet & Confer Extension When They Do Not Really Intend To Demur?
Frank's answer
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Answered on November 10, 2017
You are correct that the proper procedure to challenge just the punitive damage allegations is a motion to strike, not a demurrer. Unfortunately,...
Can I file a Motion for Summary Judgment in a small claims case? This is in CALIFORNIA (L.A.)
Frank's answer
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Answered on November 10, 2017
No, a motion for summary judgment is not permissible in small claims court (and moreover, as a practical matter, would not be heard before the...
Archived
WHAT IS THE TIME STAMP FOR A PROOF OF SERVICE FOR A UD SUMMONS TO BE FILED WITH THE COURT.?
Frank's answer
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Answered on November 10, 2017
In California Superior Court, the time stamp is not relevant. Since you settled the UD action, the issue is moot.
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