Archived
I live in a rent-controlled apartment with no just cause ordinance, does it mean our 1 year lease can be terminated at any time?
Frank's answer
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Answered on September 27, 2015
No, it does not. Your landlord must have a valid reason ("cause") such as failure to pay rent, violating the terms of the lease, or causing a...
Archived
Manager is not giving me a copy of my lease
Frank's answer
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Answered on September 27, 2015
You should make a written demand by letter (not by text or by email), citing the relevant legal authority. In California, the landlord (owner of...
Archived
Is there a time limit in being served after Plaintiff files with the court ?
Frank's answer
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Answered on September 27, 2015
Yes, there are time limits for a plaintiff to serve a defendant. In California, there is both a 2 year discretionary dismissal statute as well as...
(California, Discovery) Does a Change of Venue Motion pause the discovery process?
Frank's answer
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Answered on September 27, 2015
No, a pending motion for change of venue does not stay discovery. You can ask for an extention of time to respond to any outstanding discovery, or...
Archived
If your attorney does not return your phone calls, does it mean he no longer wants to represent you?
Frank's answer
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Answered on September 27, 2015
No, it does not. Unless the attorney either provides you with a Substitution of Attorney form asking you to sign it, or files a motion to be...
Archived
I've exceeded the billable hour bonus requirements. Will my company pay me the bonus or there is no legal obligation to do so?
Frank's answer
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Answered on September 27, 2015
It is not a must. The employer has no legal obligation to pay a bonus unless there is a written contract which obligates the employer to do so. ...
Archived
Proof of service.
Frank's answer
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Answered on September 27, 2015
Because most state superior courts now accept court filings via facsimile, a faxed signature on a proof of service (rather than an original inked...
Are US Bankruptcy courts courts of equity?
Frank's answer
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Answered on September 27, 2015
Yes. Bankruptcy has historically been considered an equitable matter, and bankruptcy courts are considered "courts of equity" and exercise...
Archived
What does "DATE TO SEND NOTICE RE OSC ON UNLAWFUL DETAINER" ?
Frank's answer
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Answered on September 27, 2015
This appears to be an internal notation by the clerk to remind the clerk to send to the plaintiff/landlord an Order to Show Cause for failure to...
Can a defendant file a counter claim in Unlawful detainer. Or do you have to file a different lawsuit. im confused
Frank's answer
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Answered on September 27, 2015
No, unlawful detainer actions are summary proceedings. As such, an unlawful detainer proceeding is given legal precedence over all other civil...
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