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As property manager(plaintiff) I filed a unlawful retainer case August 1, 2018 at Kern County CA superior court after 3 day unconditional notice to quit served.
The hearing will be commenced mid September but I found a mistake in UD-100 form I filled out. The written lease agreement was... View More 
answered on Aug 19, 2018
I believe that you can file an amended complaint at no charge (you have to specify that it is a first amended complaint). You must specify that it was filed to correct an error in the complaint that you filed.
On 8/12/18 My car had to have the same parts and repairs AAMCO did to it on 1/12/18 plus additional parts and labor after two parts they replaced failed causing a chain reaction in my cooling system of my car there's a 12.000 or 12 month warranty on parts & labor. Please let me know my... View More
answered on Aug 19, 2018
If you can prove that the parts failed on their own, and caused the chain reaction, then I believe you should threaten to take Aamco to Small Claims Court if they don't repair everything that broke for free. The may deny responsibility for the chain reaction, but a good threat of small claims... View More
Can any member of the HOA attending a meeting be temporarily appointed for a specific board meeting as a director to enable the Board to function and thereby have the minimum number of directors to conduct a legal meeting? YES or NO?
answered on Aug 19, 2018
I don't believe you can have a Board of Directors of two; the minimum is three. I don't think any business can be transacted by a board with only two members. The two members need to solicit a third board member, have him/her approved by a vote of the HOA (or maybe simply by approval by... View More
Roughly a year ago, I bought a Savannah monitor as a family pet. The lizard was too aggressive as I have a child and my ex boyfriend had one as well. We agreed to find a more kid friendly reptile and found a Boa Constrictor. We traded the lizard for the snake which equaled the total I paid for the... View More
answered on Aug 19, 2018
If I get this Reptile story correct, while living with your ex-boyfriend, you purchased the Monitor Lizard. You then traded the Lizard for the Boa, and then your boyfriend left. If I do the math right, each of you paid for a pet, but he walked out with no pet. I think you need to work it out... View More
answered on Aug 17, 2018
I know California Mediation and Arbitration law better than Illinois law. In California, most mediations require the parties to agree on a Mediator. All sides have to agree on a Mediator for he Mediation to take place. If the parties to the Mediation simply cannot agree on a mediator, then they... View More
I am a homeowner in an HOA that refuses to give me access to documents because they have deemed that I am not in good standing. My monthly dues are paid to date in full, I refuse to pay fines based on a decision of the BOD and am requesting access to documents to back up my claim. The HOA says... View More
answered on Aug 17, 2018
There may be a provision in the Governing Documents of the HOA that allows the HOA to refuse releasing documents to homeowners who are in violation of the rules or have failed to pay dues or fines. You should check your CCRs and By-Laws for any such rules. HOAs have the right to add various... View More
Hi. I filed a small claim (Van Nuys, California) against a drafter who did not perform as promised drawing our Tenant Improvement project. He has now initiated an SC-105 to consolidate my case with his own retaliatory Unlimited Jurisdiction case. The court is asking me to accept to consolidate or... View More
answered on Aug 17, 2018
I assume what this means is that the defendant in your small claims court case has filed his own, separate, Superior Court Case Civil Case, and the Judge is asking you if you want to consolidate the two cases. Option 1: If you consolidate the two cases, I assume that the Court will be having both... View More
I was getting into my car and because of the unpaved driveway up a steep hill with loose gravel and dirt, the car kind of shifted a bit and I tripped and ended up breaking my ankle which cost me my job. I’m just at a loss now I don’t know what to do , is it possible to sue for this matter?... View More
answered on Aug 17, 2018
Your facts are not very clear. I can't tell if you were injured getting into your car, while inside your car, or getting out of your car. A person cannot trip while driving a car. I will assume that the car moved as you were trying to get in, causing you to fall and break your ankle.... View More
I recently attended an arbitration hearing as the claimant after I filed a demand for arbitration with the AAA against my former employer who terminated me without cause prior to the 90 day notice period that was clearly outlined in the employment agreement. I was seeking my 90 day notice pay in... View More
answered on Aug 17, 2018
I am not an employment lawyer, but I am a Mediator and Arbitrator. My guess is that the Arbitrator wanted to see if you received unemployment benefits because, if you did, he would probably deduct the amount you received from any judgment in your favor. He would do that to avoid a double benefit... View More
I Bought used car in Feb 2018 and payed dealership to take care of dmv paperwork. dealership kept telling me the registration was coming soon but to be patient. I had expired tags and th temporary permit was long expired.
After being fed up, I went to the dmv myself to see what was taking... View More
answered on Aug 15, 2018
I think under the circumstances you have to trust them. I don't think they want to mess with any further.
Judge said noting to be paid out of proceeds of home until marital assets have been settled. This is how he is trying to get his share of money
answered on Aug 15, 2018
I believe a contractor must first serve Notice of intent to file a Mechanic's lien on the property, and that it must be done by a specific time. If that is properly done, I believe they can then file the lien, which is recorded against your property. Not sure of the details; it's been a... View More
I was mangled by a hair restoration doctor and could not find legal aid, so I signed a release of all claims in order to get a full refund. The medical board later found this doctor guilty of gross negligence, repeated negligent acts, aiding and abetting the practice of unlicensed medicine and... View More
answered on Aug 15, 2018
First of all, it depends on how long ago this happened. Secondly, most doctors (this guy was unlicensed, so probably not an MD) have their patients sign a document requiring arbitration of any disputes. The bad news is that it sounds like this guy will be sued by other people and may end up in... View More
Q: On Aug 1, 2016 I signed a 1 year lease for a duplex in Northern Calif. After the 1 year lease was up we went on a month to month rental. My rent has always been due the first. So on Aug. 1, 2018 I would be starting my 3rd year. On June 20, 2018 by mail and personal delivery our Prop. Manager... View More
answered on Aug 15, 2018
If I understand the facts correctly, the dispute is over the extra 10 days of rent that the landlord wants to charge you. I would think that due to the fire they should give you the extra days out of courtesy. But, my experience with landlords is that they are only interested in collecting rent.... View More
The owner did disclose that it was not permitted, however, failed to inform us that the city opened a case against them. Now the tear down costs are beyond our financial means. Any advice?
answered on Aug 14, 2018
If at the time the seller disclosed to you that the patio was not permitted they knew that the City had opened a claim against them, you might be able to sue the seller for the tear-down costs you are now incurring, which they should be responsible for.
Can I charge them for four months?
answered on Aug 13, 2018
As I said before, I think it depends on whether or not the agreement was in writing. Without knowing all the facts, if the unit was rented within two months then it seems fair to split the four months (my opinion only).
They requested and itemization and that they would pay for costs of getting rental ready and if it rented sooner than the four months, if I would credit them the difference. They also requested to split pmts. 1st upon exit of property and 2nd by Aug 4, 2018. I did give them an itemization and she... View More
answered on Aug 13, 2018
Since your tenants broke the lease, I would give you the benefit of the doubt. If your "agreement" about splitting the damages was in writing, then you probably must abide by it. If it was only verbal, then I think it is fair for you to charge rent until the unit is re-rented (although... View More
He emotionally tormented her because she decided to sell her house and leave the state. He refused to take his dog with him because new gf wouldn't allow dog. He is legal owner of dog yet he abandoned dog and left without making provisions. I now have dog. Can I sue him for the costs it will... View More
answered on Aug 13, 2018
I think it a question to be worked out between the 3 of you. It appears to me to be more a question of ethics than laws.
I was discharged from hospital as punishment for going outside and getting some scrambled eggs less than 24 hrs after major abdominal surgery (a triple hernia laparoscopy, inguinal, ventral, and a Hiatal). I was told to go see me surgeon if I needed my pain management referral. When I walked over... View More
answered on Aug 13, 2018
I don't blame the doctor for refusing to treat you further. You asked for a problem by going and eating shortly after major surgery. Any claim that stems from this incident will looked at largely as your fault (what they call "comparative negligence.)"
My mom is elderly, low income and on dialysis. Her property manager has been refusing to fix anything such as broken oven, heating/air conditioning, fire/ smoke alarm. There was also a lifting piece of floor in the home that my mom fell over and hurt herself very badly.
answered on Aug 11, 2018
I assume your mother is living in a rental unit, which is run by a property manager. Under California law, you must first request in writing that something that needs repair be fixed. If the landlord does not fix it within a certain amount of time, you can withhold rent. You can also threaten to... View More
The MC-053 said that I was uncooperative with my lawyer and I never responded to him, but Ive called his office plenty of times and left messages. They have only called me back once, but I couldn't answer because I was at work. What do i do now? Is it still possible to still have him... View More
answered on Aug 11, 2018
The mere fact that your lawyer served the MC-053 on you tells me that you are better off getting a new attorney. Since you have not given any facts as to what kind of case you are talking about, I can't tell you much more. If it was taken on a contingency you can just walk away. If you owe... View More
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