Archived
CAN A LABOR AWARD APPEAL IN SUPERIOR COURT BE REMOVED TO FEDERAL COURT TWO WEEKS BEFORE ITS FINAL CONFERENCE AND JURY TRIAL ?
Frank's answer
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Answered on October 03, 2018
Generally speaking, pursuant to 28 U.S.C. § 1446(b)(1), a notice of removal to federal court must be filed within 30 days after the defendant’s...
Objection to document production at a deposition?
Frank's answer
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Answered on October 03, 2018
Pursuant to California Code of Civil Procedure section 2025.410, subdivision (a), any party served with a deposition notice that does not comply...
Archived
If the county is going to knock down the house I rent because it has no permits will they help financially for me to move?
Frank's answer
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Answered on October 03, 2018
Was the house red tagged? In a "red tag" situation, many cities and counties in California have local ordinances that require relocation assistance...
Archived
What's the exception to CCP 393?
Frank's answer
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Answered on October 02, 2018
In California, the county where the complaint was filed is presumed to be the correct county for a trial of the action. The party moving for a...
What is the doctrine of relation back? Can it be used to amend a cause of action that has gone beyond the statute of limitation?
Frank's answer
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Answered on October 02, 2018
In California, the relation-back doctrine requires that the amended complaint must (1) rest on the same general set of facts, (2) involve the same...
Can a trustee/beneficuary of a living trust sue the co-trustee for breach of fiduceary duty in small claims court in california?
Frank's answer
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Answered on October 02, 2018
In order to sue for breach of fiduciary duty, there must first be a fiduciary relationship. Normally, there would not be a fiduciary relationship...
Archived
Can I keep a settlement check and not use it for what it was intended for?
Frank's answer
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Answered on October 02, 2018
You can keep the settlement check and use it for whatever purpose you desire. You do not necessarily have to use the settlement money to fix the...
Archived
My room mate is trying to evict me with no grounds and has refused my rent check (I sublease through her). What can I do?
Frank's answer
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Answered on October 02, 2018
There are different methods to evict a tenant or subtenant, some which require a legal reason such as non-payment of rent, and others which do not...
Archived
Does a 3 days covenant or quit has to specified what to fix?
Frank's answer
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Answered on October 02, 2018
Yes, a 3 day notice to perform covenant or quit must be very specific.
It appears the landlord filed the complaint for unlawful detainer one day...
How much can a landlord raise the rent on an apartment in one year in San Bernardino County?
Frank's answer
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Answered on October 02, 2018
Under California law, there is currently no maximum limit for rent increases. Since San Bernardino does not have a local rent control ordinance,...
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