Archived
I recieved a summons for a debt i owe. I am willing to make payment arrangements. Do i call the atterney or the creditor
Frank's answer
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Answered on August 27, 2017
You would call the attorney who is listed on the summons, not the creditor. If you settle the case, the attorney will file a Request for Dismissal...
My HOA Cc&rs require that I furnish them with a copy of my tenants lease. Do I need to disclose the monthly rent amount?
Frank's answer
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Answered on August 27, 2017
No, you do not need to disclose. If your HOA's CC&Rs require providing a copy of a signed lease agreement, the only relevant information is an...
Archived
When filing a request to extend time to serve summons and complaint do I have to serve it?
Frank's answer
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Answered on August 26, 2017
Usually not, especially if the reason for the extension of time is because you do not have a valid address for the defendant to be served or...
Archived
Can I still sue my landlord for my deposit they never returned after 2years?
Frank's answer
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Answered on August 26, 2017
Yes, if you had a written lease or rental agreement, the statute of limitations in California is 4 years (and 2 years of breach of oral contract).
I was in a 10 day escrow to buy a condo in an all cash offer that was accepted. I placed $4000.00 in escrow deposit and signed?
Frank's answer
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Answered on August 26, 2017
If you were the one who backed out, you most likely will not be entitled to a return of your earnest money deposit. The escrow holder will not so...
Archived
Should I take insurance company to small claims?
Frank's answer
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Answered on August 26, 2017
No, you would not sue the insurance company. Rather, you would sue the driver of the other car, which you can do yourself in small claims court...
Archived
Will I be able to withhold past due rent until landlord makes the neighbor remove cameras aimed at my
house
Frank's answer
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Answered on August 26, 2017
No, there is nothing under California law which allows you to withhold rent under such circumstances (even assuming the landlord had the right,...
Archived
Appealing a dismissal with prejudice def claimed res judicata. second filing Judge did not read documents. Abusive discretion?
Frank's answer
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Answered on August 26, 2017
Your facts are a bit unclear but it seems the court already entered a judgment of dismissal after sustaining a demurrer without leave to amend? If...
Archived
I am being summoned by a credit card company. If they get their judgement for 2000 can they take my brother and my car?
Frank's answer
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Answered on August 26, 2017
Probably not. California Code of Civil Procedure section 704.010 sets forth the exemption (of $2,300) for motor vehicles. Exemptions define the...
If you notice a deposition and schedule it 10-days after the date it is served, is there any way for the deponent to avoid it?
Frank's answer
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Answered on August 26, 2017
Sure, if the notice of taking deposition is defective, the deponent (or deponent's counsel) can serve a written objection at least 3 days before...
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