Archived
Is service consider proper?
Frank's answer
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Answered on August 12, 2017
As described, the service appears to be proper. If the defendant contends that the service was defective or improper, the defendant must file a...
Archived
I was told that a server was here on 7-17 and again on 8-8-2017 but I was not home and he was even taking pictures of our house.
Frank's answer
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Answered on August 12, 2017
It is common for a registered process server to take a photo to show that he or she attempted service of the summons and complaint on a certain...
Archived
I plan on serving a second amended complaint on opposing counsel. How many days does he have to file an answer?
Frank's answer
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Answered on August 12, 2017
Thirty days, plus five calendar days if you serve the second amended complaint by mail.
Archived
I need to file for motion for peremptory challenge and I also need to move my case to another county. Should I file both motions
Frank's answer
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Answered on August 12, 2017
No. You cannot simultaneously file both a preemptory challenge and a motion to be heard by the same judge. A preemptory challenge is not really a...
Archived
Is it possible to issue a subpoena to produce documents without a lawsuit in place?
Frank's answer
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Answered on August 12, 2017
No, a pending civil lawsuit is necessary before a subpoena can be issued to compel production of documents.
Does a HOA need to grant homeowners a 30 day comment period in naming of the inspector of the election?
Frank's answer
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Answered on August 12, 2017
No and no. The HOA board can directly appoint the inspectors pursuant to CA Civil Code §5105, subdivision (a)(5). The election rules should be...
Does the landlord have to notify their tenants that they're hiring new property management company to manage the property
Frank's answer
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Answered on August 12, 2017
No, by law, the landlord does not have to notify you of the change in management. The new property management company, as the agent for the...
Archived
How soon before a Final Settlement Conference must I file jointly prepared items required by "Meet and Confer" local rules?
Frank's answer
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Answered on August 12, 2017
I think you are referring to a Final Status Conference (not Final Settlement Conference). Assuming your case is pending in the Los Angeles...
Archived
Where to find a Self-Representation guide for going Pre-Per/Pro-Se in a California civil litigation case?
Frank's answer
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Answered on August 12, 2017
For state superior court litigation, the Rutter Group Practice Guide "Civil Procedure Before Trial" is a popular resource for litigation attorneys...
When do the 40-days to respond to a complaint served via substitute service begin?
Frank's answer
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Answered on August 12, 2017
If it mailed on July 10th, do you not include July 10 when counting 10-days for purposes of interpreting "10th day after the mailing" under...
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