Archived
When should an extension of time form be filed with the appellate court?
Frank's answer
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Answered on July 19, 2015
Your request to the Court of Appeal for an extension of time should be filed before the deadline date, not on the date of the deadline.
Archived
The opposing attorney asked for multiple extensions to my interrogatory requests. I granted each of them because I am the
Frank's answer
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Answered on July 19, 2015
Yes, you should send a meet and confer letter asking for verified responses. An unverified response is tantamount to no response at all....
Archived
Will filing a Motion for change of venue and nothing more, stop an entry of default?
Frank's answer
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Answered on July 19, 2015
No, a motion to transfer within the same court system (by itself) does not constitute a general appearance and does not prevent entry of default. ...
Archived
If a demurrer to a cause is overruled can a plaintiff ad to the overruled cause when left to amend a second cause in the suit?
Frank's answer
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Answered on July 19, 2015
When a demurrer to a cause of action is overruled, the plaintiff can continue to allege the same cause of action in an amended complaint. When a...
Archived
Can I still send interrogatories after the defendant filed to change venue?
Frank's answer
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Answered on July 18, 2015
Yes, a change of venue does not and should not affect a party's right to conduct discovery.
Landlord never presented me with an utility bill. after 17months I moved out and he took the balance out of my deposit. legal?
Frank's answer
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Answered on July 18, 2015
Not likely legal if the landlord did not comply with Civil Code section 1950.5. Under California Civil Code section 1950.5, within 21 calendar...
Are HOA's allowed to charge compound interest on delinquent HOA dues in California?
Frank's answer
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Answered on July 18, 2015
No. Pursuant to California Civil Code section 5650, subdivision (b), an HOA can collect interest on delinquent assessments, reasonable fees and...
Archived
What type of lawyer do I need if I lost all my personal belongings in a hotel fire
Frank's answer
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Answered on July 18, 2015
If the amount of damage you are seeking is $10,000 or less, it is more efficient to file a small claims lawsuit and repreent yourself without an...
Archived
Are there restrictions on what expenditures can be made by an HOA from funds collected by a vote approving special assessment?
Frank's answer
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Answered on July 18, 2015
There isn't a specific law in California which mandates that an HOA fund reserves. Nevertheless, the HOA board has a duty to impose both regular...
Archived
Do I have a case for taking my previous landlord to small claims court?
Frank's answer
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Answered on July 18, 2015
Yes, you may have a viable case for breach of contract. It is not entirely clear from your post whether you are at the beginning of your tenancy or...
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