Archived
What if you sue an organization but serve papers to the executive director as opposed to the president of that organization?
Frank's answer
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Answered on July 26, 2018
If the organization is registered with the California Secretary of State, you need to serve the registered agent for service of process. It might...
Archived
Do we have to pay back money dispersed to us due to clerical errors to our management after we moved out a year ago?
Frank's answer
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Answered on July 26, 2018
There isn't enough information in your post to know the specific clerical error or the amount in dispute, or whether or not you agree that the...
Can I pursue landlord for deposit after eviction and no deposit “itemized statement” within 21 days?
Frank's answer
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Answered on July 26, 2018
Yes you can. If you do not receive your security deposit back within 21 days after you moved out, you can file your small claims lawsuit. Under...
Archived
How long can I charge the tenant for rent if the tenant failed to inform me he moved out?
Frank's answer
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Answered on July 26, 2018
Your post does not indicate whether the tenant had an unexpired fixed term lease or was a month to month tenant. If there was an unexpired lease,...
Archived
3rd party lawsuit
Frank's answer
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Answered on July 26, 2018
The lawsuit continues. Whether the new entity or old entity is responsible for continuing the litigation will depend upon whether the sale was an...
How long do I have to file an Answer to Summons in California if papers were served by Substituted Service?
Frank's answer
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Answered on July 26, 2018
Yes, if you reside with your husband, this would constitute substituted service upon you if the process server also mails a copy of the summons and...
Archived
Is it odd that the defendants attorneys versus the plaintiffs filed the CM-200 Notice of settlement?
Frank's answer
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Answered on July 26, 2018
No, it is not odd. Although the plaintiff's counsel is usually the one filing the Notice of Settlement of Entire Case with the court, the...
Archived
Is the court fee for commercial litigation percentage based in California?
Frank's answer
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Answered on July 26, 2018
The court filing fee for starting a lawsuit in California state court is $435. It is a fixed fee. The attorney's fees for commercial litigation...
Archived
Should I Request to Cancel Judgement and Refile?
Frank's answer
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Answered on July 26, 2018
No, you do not have the right to cancel a judgment after it has been rendered. However, the defendant who did not show up has 30 days to file a...
Archived
What if they pay rent but no written agreement?
Frank's answer
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Answered on July 26, 2018
It is not necessary for there to be a written lease or rental agreement for a landlord to evict a tenant (or a master tenant to evict a subtenant).
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