Archived
Should I skip mediation and pursue arbitration; have her arrested for fraud; sue her; or write her another letter?
Frank's answer
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Answered on May 27, 2015
Given your description of the situation and the amount in controversy, suing in small claims court is your best bet. You are correct that...
Archived
Can I look for new tenants with a current contract still in process?
Frank's answer
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Answered on May 26, 2015
Yes, you can show the unit to prospective tenants so long as you give the current tenants advance notice. California law states that a landlord...
Archived
How long do real estate partners have before a partner ask a judge for "a partition to sell' property in our Trust.
Frank's answer
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Answered on May 26, 2015
When real property is co-owned by more than one person or entity, a lawsuit for partition and sale can be filed at any time any one of the...
A I required to arbitrate a CAR purchase agreement dispute?
Frank's answer
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Answered on May 26, 2015
Yes, if both the seller and buyer initialed the arbitration provision of the CAR purchase agreement. If you litigate by filing a complaint in the...
Is it legal to deduct future rent from the tenant's security deposit?
Frank's answer
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Answered on May 26, 2015
No, it is not proper under CA Civil Code section 1950.5 to deduct future rent from a residential security deposit, nor proper under California...
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Archived
Paid in Full and final payment credit card
Frank's answer
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Answered on May 26, 2015
No, you should not consider acceptance of the check to mean that Capital One accepted your offer. This is because California Civil Code section...
Archived
How do I change my sons last name?
Frank's answer
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Answered on May 26, 2015
For information on how to change a child's name, go to:
http://www.courts.ca.gov/1052.htm
Look under FAQs which answers the two questions in...
If a tenant does not respond to an unlawful detainer and a lockout date has been set.
Frank's answer
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Answered on May 26, 2015
The tenant is probably just looking for a way to get more time to stay for free. It does not necessarily mean that the tenant will be seeking to...
Is Judicial Estoppel an affirmative defense and must be set forth affirmatively in a responsive pleading or in a MSJ ?
Frank's answer
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Answered on May 26, 2015
Judicial estoppel could be an affirmative defense. Even if not raised, it is not necessarily waived. One can use judicial estoppel if a party was...
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Can best buy credit card summon you to court for an unpaid credit card?
Frank's answer
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Answered on May 26, 2015
Yes, a retailer can sue you to collect on an unpaid credit card. Normally, this is done by filing a lawsuit, and then serving the summons and...
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