Can a moving party of a summary judgment postpone the hearing before the other side responds not answering discovery questions?
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Answered on September 15, 2017
No. While a party opposing a motion for summary judgment can ask for a continuance of the motion if discovery is necessary to file an opposition,...
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Tort form?
Frank's answer
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Answered on September 15, 2017
No, not necessarily. Some governmental entities will have their own claim forms. However, as long as you include all the required information...
Can the wrong information included in an unlawful detainer complaint be cause for it to be thrown out?
Frank's answer
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Answered on September 15, 2017
Yes, quite possibly, but your attorney will have to file a motion to quash. Even though California Code of Civil Procedure § 1170 indicates that a...
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Can the opposing party wait to reply to a request for production of documents after they oppose to a summary judgment?
Frank's answer
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Answered on September 15, 2017
Sure this is possible. A party's response to written discovery does not necessarily have anything to do with the motion for summary judgment. An...
What is the best course of action after the fee arbitration? Sue for refund or for malpractice in a state or a federal court?
Frank's answer
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Answered on September 15, 2017
Neither. If the attorney-client fee arbitration award is "nonbinding", you can reject the award and request a trial within 30 days after notice of...
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Insect infestation and landlord has refused to treat. Can I move out without giving notice?
Frank's answer
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Answered on September 14, 2017
Yes, you still have to give 30 days written notice before moving out. You need to pay rent for the 30 days. You cannot assume that the landlord...
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Can the notice to vacate be given to the property manager?
Frank's answer
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Answered on September 14, 2017
Yes, you can give the notice to the on-site property manager. For more information on terminating the tenancy, see...
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Can?
Frank's answer
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Answered on September 14, 2017
No, there are entirely different procedures and different rules for unlawful detainer actions (evictions) compared to small claims court actions. ...
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What case law is there that supports a plaintiff giving power of attorney to co plaintiff to sign a document?
Frank's answer
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Answered on September 14, 2017
No, not specifically. However, you can distinguish the cases of Harris v. Rudin, Richman & Appel, (1999) 74 Cal.App.4th 299 and Gauss v. GAF...
What does "Mature Date" mean for a "Memorandum of costs and disbursements"?
Frank's answer
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Answered on September 13, 2017
It means the date the costs sought by the prevailing party become part of the judgment if there is no timely challenge by way of a motion to strike...
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