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2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Civil Rights for California on
Q: Is there a way to require/request the opposing party in civil litigation to prove their identity? California

I have reason to believe that the person suing me uses fake names in contracts and lawsuits so as not to be held responsible if he loses a lawsuit or is sued.

James L. Arrasmith
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answered on May 8, 2024

In California, there are a few ways to challenge or require proof of the opposing party's identity in civil litigation:

1. Demurrer: If the plaintiff's identity is not clear from the complaint, the defendant can file a demurrer arguing that the complaint is uncertain or ambiguous....
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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: Our landlord is requesting a $500 immediate deposit for our service animal is she allowed to request a pet deposit at al

My husband is in the middle of training, a dog for his PTSD for a service animal. We have been bringing the dog to our home two days a week for the last two months and plan to tell our landlord next month that we were going to permanently bring her here when she turned one because they don’t... View More

James L. Arrasmith
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answered on May 8, 2024

Under California law, landlords are not allowed to charge a pet deposit for a service animal, even if the animal is still in training. Service animals are not considered pets, and are protected under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Hello! I am in Los Angeles. I have been sent an email subpoena for documents with only one day notice. How do I object?

It was filed April 26 and the subpoena is for my personal bank documents. The subpoena asks for me to provide documents by May 10 but I just received the email May 9th. I did not receive any other type of papers or served in any other type of way but email.

James L. Arrasmith
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answered on May 8, 2024

Under California law, a subpoena must be properly served to be valid. For a personal records subpoena, service should be made to you personally, to a person at your residence or usual place of business, or by mail together with a proof of service by mail. Email service alone is generally not... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Hello! I am in Los Angeles. I have been sent an email subpoena for documents with only one day notice. How do I object?

It was filed April 26 and the subpoena is for my personal bank documents. The subpoena asks for me to provide documents by May 10 but I just received the email May 9th. I did not receive any other type of papers or served in any other type of way but email.

Tobie B. Waxman
Tobie B. Waxman
answered on May 8, 2024

I think you may be confused about what has been served on you. If you are a party to the case, you can be served with a request for production of documents; not a subpoena for production of documents. What may have happened is that you have been sent a copy of a subpoena that was served on your... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: tenant's car was damaged by landlord's gate falling on a stormy day. In this case who would be responsible for the car?
James L. Arrasmith
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answered on May 8, 2024

In this case, the responsibility for the damage to the tenant's car would likely fall on the landlord, depending on the specific circumstances. This is based on the concept of premises liability under California law.

Key points to consider:

1. Landlord's duty: In...
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