Does a plaintiff have to proof that money is owed to him in a defamation lawsuit when requesting a default judgment in CA?
Frank's answer
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Answered on August 05, 2017
Yes, of course. In order to obtain a default judgment by court, the plaintiff has the burden of proving the plaintiff's damages. A default...
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Respondent did not answer complaint now i need the clerk to sign default and
shes dragging her feet what to do?
Frank's answer
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Answered on August 05, 2017
Assuming the defendant was properly served with a summons and complaint, and assuming you the plaintiff filed a proof of service of summons...
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Should I sign this document landlord requested so I can install a new floor in my home of 20 years?
Frank's answer
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Answered on August 05, 2017
Because there are potential financial consequences if your tenancy is terminated, this appears to be more of a business/economic decision, rather...
Archived
How do I object to the defendant in my case filing a summary judgement?
Frank's answer
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Answered on August 05, 2017
In state court, the opposing party's consent is not required before filing a motion for summary judgment. As the defendant, you do not have the...
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Can my landlord keep the deposit if i leave the apartment in good condition?
Frank's answer
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Answered on August 05, 2017
You need to pay the full amount of the last month's rent. The security deposit is a separate issue. Under California Civil Code section 1950.5,...
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Court waiver of fees for low income?
Frank's answer
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Answered on August 05, 2017
No, not likely. You can request the extent of your fee waivers on your FW-001 form. See http://www.courts.ca.gov/documents/fw001info.pdf ...
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What if I do not pay the last month rent?
Frank's answer
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Answered on August 05, 2017
You are legally liable to pay rent for the entire duration of the lease. If you move out early, you and your former roommate are still liable to...
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Question regarding malpractice case rules and DEMURRERS
Frank's answer
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Answered on August 05, 2017
It is true. The judge is not supposed to consider any evidence during the demurrer stage. The judge can and will consider evidence at the time of...
How do I get a Time Barred Complaint dismissed in a California Civil Case?
Frank's answer
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Answered on August 04, 2017
If the bar of the statute of limitations is apparent from the face of the Complaint, you would file a Demurrer to Complaint (or if you already...
Can one file their notice of motion, motion, supporting memorandum, declarations, exhibits, supporting papers etc together?
Frank's answer
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Answered on August 04, 2017
The common practice in California is to submit the motion as one document, in other words, the notice of motion, motion, memorandum of points and...
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