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Homeowners Associations: When developers complete a community, they release the "declarant" status (ownership).
Frank's answer
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Answered on May 15, 2015
The Declarant is the entity which created the original CC&Rs that govern the homeowners association (HOA). The Declarant is usually the developer...
Archived
Collecting your daily travel and court fee when subpoenaed...
Frank's answer
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Answered on May 15, 2015
In California state court cases, a witness subpoenaed to testify is entitled to witness fee of $35.00 plus mileage of 20 cents per mile, round trip...
Archived
If a demurrer is scheduled to be heard on June 4th, when is the opposition due?
Frank's answer
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Answered on May 15, 2015
If the demurrer hearing is noticed for June 4, 2015, the opposition is due on May 21, 2015 (nine court days before, and remember that May 25 is a...
Do Deposition Notices Have to Be Re-served if Depositions are Rescheduled?
Frank's answer
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Answered on May 15, 2015
Deposition notices do not have to be re-served if the deposition date is continued, even though it is a good practice to serve a Notice of...
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Not sure exactly how to fill out the form UD-150 if I should check request or counter-request since we are doing non-jury trial.
Frank's answer
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Answered on May 15, 2015
If you are the plaintiff (landlord), you check the Request box. A counter-request is used when a defendant (tenant) disagrees with any portion of...
Archived
3Day quit or pay will u be locked out on 3rd day
Frank's answer
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Answered on May 15, 2015
No, you will not be locked out on the third day. Failure to pay or move out by the 3rd day merely means that an unlawful detainer lawsuit must be...
Archived
Is it possible to ask for more time to be moved out? Who do I ask?
Frank's answer
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Answered on May 15, 2015
Yes this is possible. You can discuss this extension request with the landlord. It is within the landlord's discretion as to whether and when to...
Archived
60 day notice to quit!
Frank's answer
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Answered on May 15, 2015
If you are a month to month tenant, the landlord can terminate your tenancy with a written 60 day notice. The notice does not need to provide a...
Archived
Suing two parties in small claims, one party did not get served. Can I still continue in court with the party that was served?
Frank's answer
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Answered on May 15, 2015
Yes, but since there is a "one final judgment rule" in California, you must dismiss your case against the homeowner defendant if you wish to...
Landlord postmarked security deposit on day 21 but I didn't receive it until after, did he meet the deadline?
Frank's answer
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Answered on May 15, 2015
Yes, the landlord timely satisfied the requirements under California Civil Code section 1950.5. The law does not require that the tenant receive...
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