Archived
Can a dismissal without prejudice be filed and accepted by the court when a cross complaint has also been filed?
Frank's answer
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Answered on October 26, 2017
Yes, a plaintiff can dismiss the Complaint either with or without prejudice (just not the "entire action", Box 1.b.(5).). However, Section 3 of...
Archived
After I file the request for default by judgment, is there any opportunity to file documents or explain for prayer for relief?
Frank's answer
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Answered on October 26, 2017
As a rule, the court cannot award more relief than whatever the complaint alleges in the prayer for damages. It is not clear whether you are...
Archived
How to write a Declaration ?
Frank's answer
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Answered on October 25, 2017
The form for a declaration is http://www.courts.ca.gov/documents/mc030.pdf . However, it is unlikely you will be able to successful oppose an...
Archived
WHEN DOES the 21 day move out begin if the tenant moved Oct 9. does weekends count when adding the days
Frank's answer
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Answered on October 25, 2017
October 10 would be Day 1. Yes, weekends count to determine the 21st day.
Is it legal to ask for first month , last month's rent and security deposit from a tenant in advance?
Frank's answer
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Answered on October 25, 2017
Yes. The landlord can require you to pay the first month's rent in addition to the security deposit, pursuant to CA Civil Code section 1950.5(c). ...
What CA form is filed for a recorded civil judgment satisfaction ?
Frank's answer
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Answered on October 24, 2017
Normally you would obtain (from the judgment creditor) and record a notarized Acknowledgment of Satisfaction of Judgment (Full)...
Archived
Can I file notice of errata 1 week b4 my hearing on demurrer if I refer 2 in my Opp 2 Demurrer my SAC and not the FAC ?
Frank's answer
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Answered on October 24, 2017
Generally speaking, you can file and serve a Notice of Errata at any time. The only caveat is that you need to present the Notice of Errata early...
Oppressive propounding of discovery?
Frank's answer
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Answered on October 24, 2017
Generally speaking, your two options are to serve timely written objections to each of the "new" discovery requests, or file a noticed motion for...
I rent out several rooms in my home. Are these renters lodgers or tenants?
Frank's answer
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Answered on October 22, 2017
Since you have more than one, they are all considered tenants. You ought to hire an eviction attorney if you desire to successfully evict this...
Archived
How much time do I have with a ruling like "Defendant's demurrer is sustained with leave to amend" Ruling on 10/18/17?
Frank's answer
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Answered on October 21, 2017
California Rules of Court, Rule 3.1320 (g) provides that following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend...
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