I used to own a restaurant and sold it almost 10 years ago in 2013. The lease they were on expired over 5 years ago. I got a notice in the mail about notice of belief of abandonment for unpaid rent since November. The place has been sold twice since I sold it how am I responsible if... Read more »
Your legal position will depend on such factors as whether you were ever released from the lease, how the extension was accomplished (option, automatic?) and other facts specific to your situation. Do not speak with the firm until after you have had a consultation and document review with counsel,...Read more »
My Landlord is a very nice lady but she wants me to sign a California Association of Realtors Pet Addendum where I would have to cover any damages made by my dog. My worry is that every little scratch on the wood floors or issue will be blamed on my pet and I will be liable for thousands or tens of... Read more »
Assuming this is a new tenancy, you should document the condition of the place when you first take possession. Photos, video and a written inspection signed by landlord and tenant all are helpful. Do the same when the tenancy ends. Whether you sign the addendum or not, you are responsible for...Read more »
Hello I currently have a lease through a property management my landlord placed house for sale as soon as we had signed a contract extension. with that being said em I obligated to show the property if I'm still under contract?
Yes, but there are limits, as well as requirements for proper notice. Read carefully California Civil Code section 1954, especially (d)(2). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1954&lawCode=CIV
Her inuries included two compound fracture both legs and crced pelvis a brief amwas in hospital two week than in a long term care facility.....yet she only offered 6. Thousand.. ..why so little.others I know we're getting much much more
Every case is different, but it sounds like your friend is 1. not represented by a lawyer and 2. is still negotiating. She needs a lawyer to get her the best money recovery. It's really that simple. Insurance companies will take advantage of people who do not have lawyers. They make more...Read more »
In order for you to get title in your name, the property will have to be probated. There are some exceptions to probate, but nothing in your question mentions any facts which suggest they apply in this situation. You need to contact a probate attorney now, as the process is not quick and you also...Read more »
I have sent several letters and called many times and the other party, which is a tow truck company, still has not paid. They were served properly by a sheriff's deputy but they failed to appear on our court date, so the judge awarded me the judgment which seems impossible to collect. How do I... Read more »
The good news is that your judgement keeps earning interest while it remains uncollected. The bad news is that collection is up to you, and is not a subject which can be easily answered in a simple question and answer forum. There are attorneys who specialize in collections, and typically charge...Read more »
He was also a lawyer so I’m not to worried about the validity of his will. My mother is making it seem that because she is next of kin that everything goes through her. But he wanted her to have nothing. It says it in the will. An executor was named. He left everything to me and my brother. My... Read more »
Sorry for your loss. Your question is posted in the California law section, and this answer only applies in California. Whoever has the will must "lodge" it with the Superior Court in the county where your brother was a resident at the time of his death. Consult with a probate...Read more »
An IFP, mentally incompetent plaintiff ADA case was filed in federal court. The 9th Circuit reversed and remanded for me to be appointed Guardian ad litem and the case is moving forward. The State Bar's policy prevents due process and equal protection for those requiring ADA assistance to... Read more »
A Guardian ad Litem can not act "in pro Per", but must be represented by counsel. This policy is not something invented by the State Bar. See, for example, the admonition contained in form MC-050, regarding substitutions of attorney. ("NOTICE TO PARTIES APPLYING TO REPRESENT...Read more »
On may of 2019, i was struck by a dodge challenger who failed to stop at a stop sign in a 2way intersection. Driver fled on foot and my insurance had to foot the bill for my vehicle. I was traveling northbound in my infiniti when i was hit on my front right passenger door which made my vehicle... Read more »
You need to turn the papers over to your insurance company immediately. You, as an individual, are the correct party to be sued, but your insurance is there to protect you. Because you have been served court papers, you must act right away.
placed her in a facility without asking or talking to her about other living options she has available to her. She doesn't want to live nor need to live in a facility. She also has a Living Trust. She has options to live with relatives or... Read more »
So long as she has the "capacity" to make her own decisions, she can make her own choices, including revoking a power of attorney. If a contract was signed with a valid power of attorney in place, that will have to be looked at. You should have your mom see an estate planning attorney,...Read more »
Probate will almost certainly be required, unless the house title with your mother allows. It is possible the house jointly owned with your mother can pass without probate, if it is held in joint tenancy. (Your post says "community property", but that would not be correct for a couple...Read more »
Like many contracts and releases, it really comes down to the specific wording of the document. They can always threaten to sue, or even file a lawsuit, but to understand whether their action is realistic you need an attorney to review the documents.
My name is on the deed as a joint tenant, the house is paid for and my significant other says I'm not entitled to any of the house because he paid for it. We had a co-mingled account for 1/2 of the time we have been together. I have contributed to the household with my income. He has been... Read more »
An attorney will need to fully review the facts to give you a specific opinion in your case. Generally, a joint tenant is entitled to one half the property. If court action is required, an action for "partition" will force the division (usually by sale) of the property, with the court...Read more »
I wish to hire an attorney to help with preparing an "opposition to motion to deem matters admitted". Is it possible to hire for only that, or will attorneys require they represent me throughout the entire case?
You can hire an attorney to provide "limited scope" services. If you want them to actually appear in court, just for a single motion or hearing, that can be done. You can also have them just write the papers and coach you on how to represent yourself. See, for example: LimitedScopeCounsel.com
My situation involves a neighbor who hired a fence repairman to remove the last section of fence separating our properties under the guise of installing a new fence post where there wasn't one prior for the neighbor, instead the worker destroyed and uprooted a large shrub on my side of the... Read more »
You may be entitled to up to three times your damages plus attorney fees. Obtain an estimate of the replacement value of the shrub and set up a consultation with a real estate attorney. Your options are to either settle or sue. There are various methods of negotiating settlements. You...Read more »
Yes. A prevailing party is entitled to their "costs". Depending on the case, these can be quite significant. In some cases, such as when a contract or statute allows them, attorney fees may also be assessed. Some costs are automatic and are awarded after a "memorandum of...Read more »
Generally, when a case is filed a defendant can file a response without being served, if they so choose. Not clear from your post how they knew about the complaint, but the response would not be invalidated just because they were served afterwards.
We just closed on the sale of our house a month ago. We just got an email from our agent. The buyer's agent says the buyer wants us to compensate them for new windows. They are complaining about train noise which was disclosed. They are also claiming dogs barking which we never had an issue... Read more »
It sounds like you would win the case, just based on what you have written here. That doesn't mean they can't sue you. Review the sale contract to see if mediation is required before bringing suit, whether attorney fees are available to the prevailing party, or any other terms that...Read more »
The answer to your question is going to be governed by Civil Code section 1954, along with a careful analysis of the facts. First, read Civil Code section 1954. It discusses specifically the situations under which a landlord can enter the rental premises. If the "inspection" your...Read more »
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