Archived
I been evicted at the place I been living for 4 mnts with no reason given
Frank's answer
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Answered on May 30, 2015
If you are a month to month tenant, you can be evicted after being served with a 30 day notice, and the notice does not have to state the reason...
Archived
Does a Deposition Subpoena For Production Of Business Records require litigation to request this type of subpoena?
Frank's answer
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Answered on May 30, 2015
Yes, you must have a pending lawsuit before you can subpoena documents. But even with a pending lawsuit, you will not be able to obtain bank...
Archived
What types of rights I have if my fiancée and I own a home together and I provided the down payment
Frank's answer
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Answered on May 30, 2015
Although you don't have legal title, you may have equitable title. This is something a judge would have to determine in a quiet title lawsuit...
Archived
Is it ok to use the request for admission cover sheet but put request for documents/admissions set 1 as the description?
Frank's answer
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Answered on May 30, 2015
No, the request for admissions and the document demand should be separate. There is no Judicial Council form for the document demand so you will...
Do I have a right to reduced rent or compensation for the inconvenience of a backed up bathtub drain? It flooded my apartment.
Frank's answer
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Answered on May 30, 2015
You might be entitled to some compensation or rent reduction but I would not call it a "right" or an entitlement. Much will depend upon the cause...
Archived
When doing loan for real estate does a personal guarantee done. Does it need to be notarized? Does it need to be personally
Frank's answer
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Answered on May 30, 2015
The promissory note does not need to be notarized. However, the deed of trust securing the loan must be notarized and must be recorded with the...
Archived
Can an amended civil complaint be served electronically, by email, in California?
Frank's answer
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Answered on May 30, 2015
No, you cannot serve the amended complaint via email. Sometimes emailed documents are sent as a courtesy, but email service alone would not...
Archived
Does the discovery cutoff date get set at the first CMC? What else will be discussed?
Frank's answer
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Answered on May 30, 2015
Typically, yes (albeit indirectly set by the setting of the initial trial date). The primary purpose of the CMC is to set the trial date, and to...
Archived
The court ordered discovery but opposing party produced only parts of it. Should a motion to compel be filed or for contempt?
Frank's answer
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Answered on May 30, 2015
Neither another motion to compel further responses nor a motion for contempt would be correct. Rather, if a party fails to comply with a court...
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Archived
Do I have to inform the other party of documents I intend to use at the trial before the scheduled end of discovery?
Frank's answer
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Answered on May 30, 2015
The answer depends upon the court's local rules as well as the judge's case management order, if any, regarding when witness lists and exhibits...
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