Is the 21-day security deposit rule pertains to the actual mailing of the refund check or the actual receipt by the tenant?
Frank's answer
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Answered on May 23, 2015
California Civil Code section 1950.5, subdivision (g) makes it clear that the 21 day rule is from the landlord's personal delivery or mailing by...
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How do I notice a defendant's deposition?
Frank's answer
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Answered on May 23, 2015
To take the deposition of a party in the case, only a notice of taking deposition is necessary. A deposition subpoena is not necessary, nor is it...
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Plaintiff changing mid-stream from trail by jury to bench trial.
Frank's answer
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Answered on May 23, 2015
A party can decide to waive jury and proceed by way of a bench trial at any time. A defendant who did not request a jury trial initially cannot...
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I plan on suing 2 people in Small Claims Court. One has refused delivery of the demand letter. Any advice?
Frank's answer
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Answered on May 23, 2015
Receipt of a demand letter is not essential before a plaintiff can sue a defendant in small claims court. If what you are referring to as the...
Can a Court take Judicial Notice of Real Estate records on a County Recorders' website?
Frank's answer
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Answered on May 23, 2015
Yes, it is possible, but probably of the recorded documents only and not merely the website. In California, judicial notice covered under...
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Real estate/land use question
Frank's answer
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Answered on May 23, 2015
Yes. If you used the private road for ingress and egress to/from your property continuously for the past 10 years, you may have a prescriptive...
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It's now 60 days after tentative ruling, and nothing has appeared in writing from Court. What now?
Frank's answer
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Answered on May 23, 2015
The first step would be to call the clerk of the courtroom to inquire regarding the status of the case. Hopefully, it is just because the judge is...
Archived
Indeed the corp and myself were named
Frank's answer
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Answered on May 23, 2015
Indeed, nothing is absolute when it comes to litigation. A corporation does provide liability protection. However, the alter ego doctrine can be...
Archived
How can I get attorney fees per written contract for the cost of defending a motion to set aside a judgment?
Frank's answer
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Answered on May 23, 2015
The typical procedure for obtaining attorney's fees in a judgment is to file a motion for attorney's fees (concurrently with the memorandum of...
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I am involved in a case before LA Superior Court. We have an upcoming hearing on June 23, 2015. I filed a motion.
Frank's answer
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Answered on May 23, 2015
A Substition of Attorney-Civil form can be filed in lieu of a Motion to Be Relieved As Counsel of Record. To comply with the court's order that...
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