If the defendant is one-day late in efiling a response to a complaint, what happens next?
Frank's answer
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Answered on August 12, 2017
Probably nothing. The defendant's response to the summons and complaint will not be rejected. A defendant can file an answer anytime so long as...
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Best legal theories to revive a time-barred counter-claim in a lawsuit?
Frank's answer
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Answered on August 12, 2017
You can file a cross-complaint concurrently with your answer pursuant to the relation-back doctrine. A cross-complaint need only be subject-matter...
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In California, is Mediation required for disputes involving Residential Leases?
Frank's answer
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Answered on August 12, 2017
Mediation is not required by law. You can initiate an unlawful detainer action to evict the tenant without mediation. However, do not strike out...
Archived
As a Plaintiff, Can i Appeal the judges decision ?
Frank's answer
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Answered on August 11, 2017
I assume you filed your lawsuit in small claims court in California? If so, the answer is no. A plaintiff does not have the right to appeal a...
Archived
Request for Judicial Notice
Frank's answer
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Answered on August 11, 2017
You would file an Objection to Request for Judicial Notice. A motion is not necessary.
Archived
How long can a collection agency collect on a judgment ?
Frank's answer
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Answered on August 11, 2017
Once a judgment has been entered, it can be renewed indefinitely every 10 years. An enforceable judgment may be renewed for a period of 10 years...
Archived
If I lose a jury trial, can I re-try the lawsuit in small claims?
Frank's answer
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Answered on August 11, 2017
No, once the issues are determined, whether by judge or jury, in a superior court case, you cannot refile the same claim in small claims court. ...
What recourse do I have if my HOA refuses to share documents as required by civil code?
Frank's answer
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Answered on August 11, 2017
File in small claims court to enforce your inspection rights. California Civil Code §5235 provides as follows:
"(a) A member may bring an...
I am a plaintiff and want to file a SC 108 how do you correctly answer on the form number 3 b it isn't a clerical error ?
Frank's answer
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Answered on August 11, 2017
Did you already obtain a judgment? Form SC-108 is used to correct or cancel a judgment. Question 3B only applies if you are asking the judge to...
Archived
How wide is the discovery latitude for unscrupulous business practices in a property damage lawsuit??
Frank's answer
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Answered on August 11, 2017
If the plaintiff's claim is for property damage, I think discovery about other victims of property damage would not be reasonably calculated to...
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