Can a Plaintiff request more than $5k Small claims limit in an Appeal?

My colleagues are correct regarding the maximum jurisdictional limit of the small claims court in connection with an auto accident. If you appeal...

30-day or 60-day notice to vacate? I have rented for > 1 yr (got oral notice), other tenant < 1 yr, with separate agreements.

The landlord must give you 60 days written notice in your situation (wherein you have been a tenant for more than 12 months). The oral notice...

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You are not obligated to file an amended complaint if you do not wish to proceed with the causes of action to which the court sustained the...

Mediation is where a third party (usually a volunteer attorney) tries to settle a case. In the case of an unlawful detainer, this typically means...

Responsible for having carpets cleaned after moving out of rental?

You are only obligated to return the premises to the same condition as it was when you moved in. Under California law, a landlord may properly...

What is the difference between a Unlawful Detainer, and a Terminable Tenancy At Will eviction ?

Upon expiration of the 30 day notice period for either type of notice, the unlawful detainer procedure is exactly the same.

Probably a silly question but who's supposed to sign & date the bottom of Page 1 of the Form Interrogatories (FL-145)?

The Responding Party is required to provided verified responses to the form interrogatories. Normally, the verification (oath) is attached as the...

If you're the plaintiff, are you allowed to appeal a Small Claims Appeal Trial ("Trial de Novo")?

Generally speaking, no, a plaintiff who loses in small claims court does not have the right to appeal. However, in your unique situation, if the...

If one party talks to a lawyer and another party talks to the same lawyer in a divorce case is that conflict of interest ?

It might be a conflict of interest. In this hypothetical situation, if the wife disclosed confidential information to the attorney during those 17...

No, it is not. A motion for terminating sanctions is normally brought as a discovery motion, and would not be applicable to a motion to vacate a...