Question about the 'relation back' doctrine and would-be time-barred counter-claims revived through a cause of action?
Frank's answer
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Answered on August 20, 2017
Yes, the relation back doctrine can be used to allege causes of action for malpractice in a cross-complaint. However, whether or not the relation...
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Unlawful detainer case, Tenant never answered
Frank's answer
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Answered on August 20, 2017
If you obtained a default judgment and a writ of possession, you won the unlawful detainer case. It is not clear what the tenant sought by ex...
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Can my landlord stop a eviction case before my 5 days pass?
Frank's answer
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Answered on August 20, 2017
Yes, the landlord can file a Request for Dismissal (Form CIV-110) with the court. http://www.courts.ca.gov/documents/civ110.pdf
In addition, you...
Can you amend the case caption in a civil case after dismissing named parties in California Superior Court?
Frank's answer
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Answered on August 20, 2017
No, you should keep the case name the same (at least the name of the first named defendant the same) because the court will not change the name of...
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How does adverse possession work?
Frank's answer
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Answered on August 19, 2017
Absolutely not. For adverse possession in California, the claimant must meet all of the elements. The elements necessary to establish ownership of...
On a motion to compel discovery, can a pro per get attorney see sanctions if he/she pays an attorney to review papers??
Frank's answer
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Answered on August 19, 2017
It is very unlikely the court will award monetary sanctions to a self-represented litigant, even if the self-represented litigant pays for an...
Can I force a verification to discovery responses by putting in something that might seem objection proof??
Frank's answer
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Answered on August 19, 2017
No, you cannot force a verification if all of the responses consist of only objections. There is no need to verify objections. Your remedy after...
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"Good Earnest Funds" in ESCROW
Frank's answer
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Answered on August 19, 2017
It depends upon the actual reason and the timing (e.g., have you waived all contingencies). Assuming there is no valid excuse and all...
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Can I have someone ask me pre-written when I testify at trial?
Frank's answer
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Answered on August 18, 2017
No, only your attorney can ask you questions while you are on the witness stand. if you are representing yourself in pro per, you won't be able to...
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Can I bring defamation case against opposing attorney?
Frank's answer
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Answered on August 18, 2017
No. If the statements were made in court documents and/or in court, then the allegedly defamatory statements would not be actionable due to the...
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