Archived
Can you bring a medical witness in to testify at a hearing for A Motion For Summary Judgment?
Frank's answer
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Answered on July 18, 2015
No, live testimony is generally not permitted in opposition to a motion for summary judgment. You (or your attorney) should obtain a declaration...
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Archived
How do I remedy an unlawful detainer with my property management company and avoid a judgment, rent paid after unlawful detainer
Frank's answer
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Answered on July 18, 2015
It is quite possible that the landlord's attorney will simply dismiss the case if the landlord advises the attorney that you have paid in full. ...
Archived
Do I have to comply with the terms of an agreement to which I was not made privvy to?
Frank's answer
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Answered on July 18, 2015
Under general contract law, no. However, if you are a subtenant of the roommate who is the tenant, then your rights as a subtenant are only as...
Archived
In California if a tenant has been in a commercial month to month lease for over a year do we have to give a 60 day notice?
Frank's answer
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Answered on July 18, 2015
No. The 60 day notice requirement under California Civil Code section 1946.1 does not apply to commercial tenancies. The landlord must give 30...
In Ca, when the court takes matters in submission, how long does the court have to render its decision and mail the parties?
Frank's answer
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Answered on July 12, 2015
Yes. Generally speaking, once a judge hears a motion and takes it under submission, the judge must make a ruling within 90 days or else not get...
Can long-time tenant claim ownership of house if they have been paying for the property taxes?
Frank's answer
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Answered on July 12, 2015
Merely paying property taxes would not entitle you to become the owner. Generally speaking, you would have to purchase the property or have to...
Archived
What rights do I have if my tenant doesn't move out after being served a 30-day eviction notice?
Frank's answer
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Answered on July 11, 2015
You have the right to evict the tenant by filing an unlawful detainer lawsuit, without the necessity to serve any further notice. You should act...
Can a contractor file a mechanics lien if the work was not completed?
Frank's answer
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Answered on July 11, 2015
It's not clear whether the contractor to which you refer is the primary contractor or a subcontractor. In California, a general contractor cannot...
Archived
Can I sue my employer?
Frank's answer
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Answered on July 11, 2015
You can sue but you don't have a viable claim based upon the facts you describe. A lawsuit is not a panacea.
Archived
I received a discovery and missed a due date to quash the discovery. Can I still do it? How do I do it? Does it still make sense
Frank's answer
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Answered on July 11, 2015
Generally speaking, if you are a party in the litigation, you would have needed either serve written objections or file a motion for protective...
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