How should I proceed: Answer Defendant's draft demurrer (430.41)?

The next step would be for the County/Defendant to actually file its Demurrer to Complaint. You will then need to file a written Opposition to...

Yes but the limit is quite high. California law allows HOAs to impose a "late charge" not to exceed 10% of the delinquent assessment or $10.00,...

Is it legal to charge a late fee on a delinquent rent?

Under California law, the landlord can charge a reasonable late fee, but ONLY if the lease or rental agreement provides for late fees. Late fees...

Small Claims denied, can I take it to Superior Court with an attorney representing me?

If you were the plaintiff in the small claims court cases and lost, you cannot refile a superior court (limited or unlimited jurisdiction) case...

How much time losing party has to pay court costs?

The costs become part of the final judgment. A judgment in California is valid for 10 years, but can be renewed indefinitely every 10 years. It...

Yes, it is possible if you were not a defendant in the 2015 lawsuit. The doctrine of res judicata acts to bar a complaint when there has been a...

Can I serve DOE defendants by MAIL if DOES have the SAME ATTORNEY as named defendants AND that attorney has already APPEARED?

No, service of the summons, complaint and Doe amendments cannot be served by mail UNLESS the attorney agrees to accept service on behalf of the Doe...

I can only respond with respect to California law, not as to any other states. In California, nail and mail is not proper for substituted service...

In your example, the relation back doctrine applies because the open book common count and the breach of contract cause of action in all likelihood...

What section or code cover pain and suffering or mental anguish?

It depends what the claim is. In California, pain and suffering damages are available as part of the larger category of "non-economic damages". ...