Archived
Neighbor wants to remove trees on the property line and build a new fence which would cause me to lose 4-feet of whole side line
Frank's answer
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Answered on June 26, 2015
If the existing fence sits 4 feet into your neighbor's property line, the neighbor is free to take down the fence. You are not losing 4 feet of...
On what terms can my apartment complex not renew my lease?
Frank's answer
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Answered on June 26, 2015
The landlord (or landlord through its/his/her manager) can decide not to renew any lease without providing any reason whatsoever. So long as the...
Archived
Can I get a small claims judgment over turned or at least have the name on the judgment changed to my company?
Frank's answer
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Answered on June 26, 2015
In California, an appeal of a small claims judgment is in reality a trial de novo, meaning a completely new trial. Therefore, you will need to...
Archived
Was my employer right in terminating employment?
Frank's answer
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Answered on June 26, 2015
It does not seem fair to you, but under California law, unless you have a written employment contract or are a member of a union, the employment...
Archived
What happens to the court fee if there is a settlement?
Frank's answer
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Answered on June 26, 2015
In virtually all civil settlements, each side bears its own attorney's fees and costs (which include filing fees, service of process fees, jury...
Archived
Any instance I can include an employee in a breach of contract, along with the employer in California?
Frank's answer
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Answered on June 26, 2015
Yes, it is possible, but not for breach of contract if the employee was not a party to the contract. However, there are other types of claims...
Archived
18 year rental: Landlord asked to move, no written notice, lied to cover remodeling plans
Frank's answer
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Answered on June 26, 2015
The landlord must serve you with a written 60 day notice before you have any obligation to move. Until you are given the 60 day notice, you have...
Can I request judicial notice with email evidence in California?
Frank's answer
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Answered on June 26, 2015
No. The court may not take judicial notice of the truth of hearsay statements. The only extrinsic evidence the court could possibly consider on a...
Archived
In demurrer opposition in California I have email business communications that I want to use as exhibits. How do I add them?
Frank's answer
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Answered on June 26, 2015
The only extrinsic evidence the court could possibly consider on a demurrer hearing are documents which are judicially noticeable. However, email...
Can my landlord be held responsible for paying medical expenses if toxic mold is found in apartment?
Frank's answer
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Answered on June 26, 2015
Yes, the landlord could be held liable for medical expenses when there is presence of mold conditions in the rental unit which affect the...
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