Archived
If a landlord doesn't specify that they are receiving 6 months advanced rent on a commercial lease, is it considered security?
Frank's answer
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Answered on August 21, 2018
While a full review of the commercial lease is necessary to give you accurate advice, generally speaking, what you are assuming is not correct. ...
Archived
What do I have to do to call whitness and notify plantif atty?
Frank's answer
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Answered on August 21, 2018
There is not enough information in your post to properly advise you. Are you in small claims court or superior court? If the latter, did you file...
Archived
When can I serve my tenant the 3 Day Pay or Quit Notice?
Frank's answer
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Answered on August 21, 2018
You can serve a 3 day notice to pay rent or quit the very next day that the rent is unpaid (i.e. on the 2nd of the month). You do not have to wait...
Archived
A collection agenceyj informed me that my landloard won a 7000 judgement in small claims. was never servered..how do i fix this?
Frank's answer
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Answered on August 21, 2018
You can file a Motion to Vacate Judgment if you were never served. http://www.courts.ca.gov/documents/sc135.pdf
Unlawful eviction?
Frank's answer
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Answered on August 21, 2018
Wrongful eviction cases are rarely simply. Proving fraud requires a higher burden of proof (clear and convincing evidence) rather than just a...
Archived
Do I have to go in person to court to cancel my suit if case has been settled?
Frank's answer
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Answered on August 21, 2018
Congratulations on settling your case. No, you do not have to physically go to the courthouse to file the dismissal form. You can mail it or fax...
Archived
If a plaintiff is not sworn in before testimony can you ask for a mistrial
Frank's answer
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Answered on August 21, 2018
No, especially if this was a small claims court trial. The three most common discretionary grounds upon which a court may order a mistrial are...
Can I file a motion to strike an interrogatory based on res judica? The same claim is made that was dismissed with prejudice.
Frank's answer
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Answered on August 21, 2018
Motions to strike can only be used to strike a pleading, meaning a demurrer, answer, complaint, or cross-complaint. (CA Code of Civil Procedure...
Archived
How do I create a Judgment Doc for the judges signature ?
Frank's answer
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Answered on August 21, 2018
Your post does not indicate the type of case. However, there are Judicial Council forms for judgments available online at...
Archived
Tenant(Defendant) filed a motion to quash, what do I (plaintiff) have to do now?
Frank's answer
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Answered on August 21, 2018
You have two options, either have the summons and complaint for unlawful detainer re-served on the tenant, or file a written opposition to the...
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