Archived
How much time do I have to SERVE & File an opposition to a Motion to Strike? Also can I combine it w the opposition to Demurrer?
Frank's answer
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Answered on June 15, 2015
The opposition is due nine COURT days before the hearing date, not 9 calendar days. With respect to service, Code of Civil Procedure section 1005...
Archived
How to get a default judgment in unlawful detainer?
Frank's answer
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Answered on June 15, 2015
Yes, you have two choices. Either obtain a clerk's judgment for possession only, or obtain a court judgment for both possession and damages.
Archived
If Plaintiff's complaint has a very serious defect and it can be deposed of by summary judgment, do I have to raise the defect
Frank's answer
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Answered on June 15, 2015
It depends what the anticipated affirmative defense is. In some instances, your failure to raise the defect either by way of an affirmative...
Archived
Real estate and plumbing
Frank's answer
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Answered on June 15, 2015
Did you have a home inspection done before you purchased the house? If your purchase of the house utilized the California Association of Realtor...
Archived
Feeling physically threatened by neighboring competitive business
Frank's answer
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Answered on June 15, 2015
Congratulations on your business success thus far. If you feel threatened, you can tell the police to keep an eye. You can also hire a private...
Archived
Can a property manager require a 90 day notice to vacate?
Frank's answer
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Answered on June 15, 2015
If you have a lease agreement and the lease agreement requires you to provide 90 days notice before vacating on a month-to-month tenancy following...
Archived
How can you make a theif pay for damages to a bike?
Frank's answer
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Answered on June 15, 2015
There is no way to compel a thief to pay for damages. While you could bring a lawsuit in small claims court, assuming you could identify and...
Archived
I received a 30 day notice when we have lived at our residence for more than one year. Should we have received a 60 day notice?
Frank's answer
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Answered on June 15, 2015
No, not if any one of the tenants has lived there less than 12 months. However, no one can really advise you accurately without seeing the actual...
Archived
Does joinder of parties require amending the compliant?
Frank's answer
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Answered on June 15, 2015
A joinder of a party normally requires a noticed motion, regardless of whether the joinder is permissive or complusory, The procedure differs...
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Archived
CA State Superior Court Credit Card Debt, $4000; I am DEFENDANT being sued. Question re: Notice of Intent to Dismiss.
Frank's answer
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Answered on June 15, 2015
There isn't a motion which a defendant who hasn't paid the amount owed to file to get the case dismissed with prejudice. The court has set an...
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