Archived
How does a 60-day notice (it's past that now) interact with Belief of Abandonment when tenant has moved out, kept key?
Frank's answer
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Answered on September 24, 2018
There is insufficient information in your post to provide an accurate response. Generally speaking, after you serve a 60 day notice to terminate a...
Archived
I was served a letter
on a unlawful detainer after court judgement?
Frank's answer
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Answered on September 24, 2018
Generally speaking, any civil lawsuit including unlawful detainers resulting in a judgment will show up on a credit report. Your facts seem to...
Archived
What rights does an “approved subletter” in an apartment have versus someone actually on the apartment’s lease?
Frank's answer
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Answered on September 24, 2018
Generally speaking, an approved subtenant has the same rights as the named tenant (but not greater rights than the tenant), if "approved" means...
Archived
After preparing demurrer, what is the process after getting hearing date? Do I have to serve all parties or just plaintiff?
Frank's answer
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Answered on September 24, 2018
In California, before you can file a demurrer, you must meet and confer with the plaintiff's attorney. See my guide at...
Archived
I am a pro per litigant and want an attorney to make special appearance to defend me at my depo?
Frank's answer
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Answered on September 24, 2018
You can have an attorney represent you just for the deposition. In most civil lawsuits, no special appearance form needs to be served or filed. ...
What is the difference between and subpoena and a summons for the restraining order? ?
Frank's answer
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Answered on September 24, 2018
A summons is an order by a court requiring someone to appear in court. In civil lawsuits, a summons is issued to one of the parties in the...
Archived
Is California Code of Civil Procedure Section 2924c considered a statute?
Frank's answer
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Answered on September 24, 2018
No. The plaintiff apparently made a mistake in alleging a violation of California Code of Civil Procedure section 2924c in the plaintiff's...
Can you collect lawyers fees for small claims court?
Frank's answer
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Answered on September 24, 2018
If the basis of your claim (breach of contract or a statute) allows for the award of attorney's fees, the court COULD award attorney's fees either...
Which is less difficult to achieve if one wins a case in small claims court?
Frank's answer
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Answered on September 24, 2018
You can ask for both types of relief (just not ONLY equitable relief) in small claims court. Prior to 2009, various statutes granted a person the...
Archived
Proof of service to counsel on a witness deposition subpoena ?
Frank's answer
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Answered on September 24, 2018
It is not a fatal error. If the subpoena was properly and timely served, the proof of service (or lack thereof) does not render the service of the...
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