Archived
Can I allege IIED and/or tortious interference or similar claim if D refuses to pay loan and I am now short on cash and need it?
Frank's answer
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Answered on August 19, 2016
It is possible but unlikely that an IIED cause of action would be viable in a business litigation case such as yours. There certainly must be...
Question on terminating a lease when the renter is a "lodger" (Civil code Section 1946.5)
Frank's answer
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Answered on August 19, 2016
You would be considered a "single lodger". A "lodger" is a person who lives in a room in a house where the owner lives. The owner can enter all...
Do I file a motion to quash if 3 day notice is defective?
Frank's answer
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Answered on August 19, 2016
Yes, but only if you have been served with a summons and complaint for unlawful detainer, not before. If the 3 day notice upon which the unlawful...
Archived
If a civil complaint states a cause of action in the body of the complaint but it is not clearly stated
Frank's answer
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Answered on August 19, 2016
Yes, so long as the allegations in the body of the complaint articulate a viable cause of action, the court may overrule the demurrer (or sustain...
Archived
If my attorney submits a motion to be relieved as counsel, but in the declaration lies about the reasons, how do I correct it?
Frank's answer
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Answered on August 19, 2016
While you could file a declaration in opposition to the motion to be relieved as counsel of record (using form MC=030 which you can obtain online...
Archived
California HOA Question
Frank's answer
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Answered on August 18, 2016
Yes, generally speaking, the HOA has the right to enforce its own governing documents (CC&Rs, Bylaws, Rules). The HOA board can adopt reasonable...
Archived
3 day notice is wrong , can I use in court
Frank's answer
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Answered on August 18, 2016
No. If the landlord files an unlawful detainer lawsuit against you based upon the second, corrected 3 day notice to pay rent or quit, the first,...
Archived
Do I have to give 30 day notice to leave a month to month lease?
Frank's answer
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Answered on August 18, 2016
Generally speaking, yes. If you are a month to month tenant, California Civil Code section 1946 requires you to give 30 days written notice to the...
Archived
Is the considered as breach??
Frank's answer
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Answered on August 18, 2016
Generally speaking, no. if the settlement agreement requires a letter of apology and you did receive one, albeit short, it would not be considered...
Archived
Do I have to give 30 day notice on a month to month lease?
Frank's answer
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Answered on August 18, 2016
Generally speaking, yes. If you are a month to month tenant, California Civil Code section 1946 requires you to give 30 days written notice to the...
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