Malicious prosecution is an an intentional tort arising from the institution or pursing of unjustifiable and unreasonable civil or criminal...

Can HOA's restrict condo owners from having pets in California?

No, HOAs can no longer prohibit owners from having a pet. Pursuant to California Civil Code section 4715, members of HOAs are allowed at least one...

If your Landlord give you a 60 daynotce to move do you have to pay rent?

Yes. The tenant is obligated to pay rent covering the entire 60 day period. The only exception is if the tenant serves the landlord with a 30 day...

Yes, you can introduce the discovery responses but you need to wait until the defendant is on the witness stand. You need to first lay the proper...

Your friend should immediately contact the Jury Commissioner at the courthouse. When a juror fails to appear as instructed, it will be recorded as...

Can a defendant be reserved in Small Claims Court if a judge has dismissed the entire case Without Prejudice. (See explanation.)

No, if the small claims court case was dismissed without prejudice, the plaintiff must file a NEW complaint, either in small claims court or in...

If I call the Def as a witness in my case-in-chief, am I allowed to cross him on the same topics later in his case-in-chief?

Yes, you can call the defendant to testify in your case-in-chief under California Evidence Code section 776. California Evidence Code section 776,...

The landlord can either file a written objection to the taking of a second deposition, or file a motion for protective order. It is not the...

Server tried to serve case papers, had name of a person that does not live at our address and then aka "my father's name" ?

If the process server did not leave any documents, service of process did not take place. There is nothing you can or need to do at this juncture.

When you file a civil law suit in California and you specify what your amount of damages are how much your property is worth,?

Generally speaking, the court cannot award more damages than what is stated in the complaint's prayer for damages. Most complaints do not state a...