If a party files a request for judicial notice without attaching any documents/exhibits, would that be objectionable?
Frank's answer
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Answered on August 13, 2017
Generally speaking, yes, it would be objectionable. The party requesting judicial notice must furnish the court with sufficient information to...
Archived
Proof of service of summons from an amended petition
Frank's answer
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Answered on August 13, 2017
Yes, the proof of service of summons should indicate that the amended petition was served. It is actually irrelevant whether or not the original...
Archived
When given a 30 day notice to quit, in a non rent control area, am I legally safe from eviction till the end of the 30 days?
Frank's answer
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Answered on August 13, 2017
Yes. The landlord cannot force you to leave in less than 30 days. Only a sheriff with a writ of possession can do that. This means that even...
Archived
Our landlord gave us a 50 day notice by sending email with attachment. Is this legal?
Frank's answer
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Answered on August 13, 2017
Service of the notice via email only would not be valid for purposes of a subsequent unlawful detainer action. Also, you would be entitled to 60...
Archived
CCan a peraon take another to court for damaged t.v? Is there a certain time limit to press charges?
Frank's answer
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Answered on August 12, 2017
Yes, it is certainly possible. Typically such a case (if only for property damage) would be pursued in small claims court.
Archived
Met and conferred on demurrer to answer, defendant said he'd file an amended answer after the deadline to demur?
Frank's answer
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Answered on August 12, 2017
You can mutually agree to extend the CCP 430.40(b) 10-day deadline for you to file a demurrer to the original answer, which agreement should be...
Can the land lord who is selling the house we rent give us a sixty day notice before house sells or go into escrow?
Frank's answer
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Answered on August 12, 2017
Yes, assuming you are a month to month tenant and not on a fixed term lease. In California, a landlord can end a periodic tenancy (month-to-month)...
Archived
What paperwork do I need to file to dismiss someone after settlement in California?
Frank's answer
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Answered on August 12, 2017
To dismiss the defendant that did not appear in the case, you would file a Request for Dismissal...
Archived
Is a court commissioner's order void without a stipulation by both parties?
Frank's answer
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Answered on August 12, 2017
No, the commissioner's order would not be void under the facts stated. The focus should be on the failure to provide notice of the hearing which...
Archived
Default prove-up hearing?
Frank's answer
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Answered on August 12, 2017
If there is a default prove-up hearing scheduled, it means a default was already entered against you, the defendant/debtor. Under such scenario,...
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