Archived
Which controls 10 days deadline for motion to reconsider; filed court stamped notice of ruling or filed Judge signed judgment ?
Frank's answer
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Answered on September 12, 2015
The issue is not whether the document bears the judge's signature or not. The deadline is 10 days from the service of the notice of entry of the...
Archived
Question on statute of Limitations for filing memorandum of costs and motion for award of attorney fees.
Frank's answer
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Answered on September 12, 2015
Yes, there is a 15 day deadline for filing the memorandum of costs. A motion for attorney fees must be made within the time to file a notice of...
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Archived
Ex parte TO and a preliminary injunction
Frank's answer
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Answered on September 12, 2015
When there is only one action, you only need to make a single ex parte application for TRO and motion/OSC Re Preliminary Injunction, even if there...
Archived
In an unlawful detainer lawsuit, can the owner of the property sue, If my lease is not signed by him, but a broker.
Frank's answer
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Answered on September 12, 2015
Yes, generally speaking, either the owner or a property manager can bring the unlawful detainer action. If the complaint for unlawful detainer...
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Archived
Is there an amount of depositions I can be asked to make?
Frank's answer
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Answered on September 11, 2015
California has a fairly new 7 hour limit on depositions. However, as set forth in California Code of Civil Procedure section 2025.290, subdivision...
Archived
I should be getting paid hourly but my employer has me as an exempt employee. Is this legal?
Frank's answer
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Answered on September 04, 2015
The question is whether you are really an employee or an independent contractor. An employee (receiving a W-2) would be entitled to overtime pay...
Archived
Do I have to refile all of the Default paperwork again? Or just a declaration
Frank's answer
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Answered on September 04, 2015
It's not clear whether you are merely seeking entry of default or entry of a default judgment. If just entry of default, there is only one...
Is my 3 day notice defective and do I have any sort of defense if I can pay the true amount due on the day of court?
Frank's answer
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Answered on September 03, 2015
Most likely, the notice is defective. This is a defense to the unlawful detainer but the defense must be timely raised in your Answer to Complaint...
How long does it take for the sheriff to come out and post notice? Its been 22 days!?
Frank's answer
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Answered on September 03, 2015
The answer depends upon how quickly the landlord or landlord's attorney applies for a writ of possession (and whether the application for writ of...
Archived
I signed Stipulation and Judgement form in a UD to move out in 3 months and pay a total of $8850. Can they say I owe more later?
Frank's answer
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Answered on September 03, 2015
If you pay the full amount of the stipulated judgment, you are entitled to an Acknowledgment and Satisfaction of Judgment. The landlord cannot...
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