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 »
I need help with a rental termination fee. I used to live in San Francisco. I was unable to pay my rent and came over to Chicago to seek affordable housing and good schools for my kids. My previous landlord sent me an invoice of around 12,000$ because of finishing my rental prematurely. What should... Read more »
You need an attorney to look at your rental agreement in order to properly advise you on the specifics of your case. Generally, a tenant is responsible for the full term of the lease. However, the landlord is required to "mitigate damages", that is, try to re-rent the unit once the...Read more »
This is the type of detailed information you should not be posting on the Internet. Just by way of example, assume you have a right to both, but there is strong possibility one or more relatives may file suit. One good outcome would be to disclaim the 401K in exchange for a release for all claims...Read more »
Our Grandpa needs care, my brother and I live on the same block as the rental house we have, and we love our Grandpa! The tenants we have are there until Feb, but Grandpa needs housing by the end of November. How do we get the tenants out? They are good tenants, but Grandpa is way more important... Read more »
I crashed into them when they had breaked checked over exaggerated when they had enough time to slow down, they’re rear bumper was the only thing damaged and my hood, bumper, and fenders were damaged, therefore I checked and asked if they were okay and they said that they were and when my dad... Read more »
Turn this over to your insurance company right away. They will provide you with a lawyer and defend you. If you did not have insurance, you will have to defend yourself, and risk having a very large judgement against you, as well as having your license taken away until you pay the judgement. It...Read more »
Our tenant wrote us a letter stating they can no longer operate their business on our property and mailed it to us along with their key. Their lease agreement doesn't end till July 2022. On the lease it states all parties will not seek court action and will seek mediation /arbitration to... Read more »
Generally, a tenant is responsible for the full lease term, BUT the landlord must reasonably attempt to "mitigate" the damages. That means the landlord should try to rent out the space once the tenant has left. IF (the language in the lease is very important) the parties have agreed to...Read more »
The water utility has 3 large water tanks on my land. They own 1/2 acre above me on the hill but their land is very steep so I assume the last owner of my property allowed them to use his land. I know the utility has an easement on my land to access their equipment for repairs but no where did I... Read more »
Theoretically you can. Unfortunately for you, there are other possible explanations for the location of the tanks. Some first steps: If you have not already done so, read the title report very carefully. Review the written disclosures given to you in connection with the sale by the seller....Read more »
Generally, and understanding the details matter: Assuming all your property is community property, and he has no will, his estate (his half of your community property) will go through probate. Probate is a court process. You will receive the property, minus costs of administration. If there is...Read more »
If you are still the legal owner, then yes you can be held liable for owner's liability. If the car is transferred completely in her name, and you are just a lien holder, you would not be liable for her actions. The usual way to do this type of transaction is for you to get a promissory note...Read more »
I gave the tenant 60 days notice to move out of my property, with a move out date of May 31. The tenant countered with a move out date of May 20 and asked to prorate rent in May. Am I legally obligated to prorate the last months rent? The property is in Torrance, Los Angeles County, California.
If the rental agreement does not specifically address the situation, and the tenant has properly given the 30 days notice, then yes, the tenant may move on any day of the month, and only owes prorated rent for the last month.
The short answer is that the medical industry convinced the Legislature to pass laws stacking the deck in the industry's favor and against patients and their attorneys. Even without special laws, these types of cases require a great deal of time and financial investment. Virtually 100%...Read more »
Have letter from bank specifically declining CA Affidavit for collection of personal property, probate code section 13100-13116. Stating they require: "a certified copy of the court document appointing you as person representative, executor, or other like fiduciary of the estate of the... Read more »
If the bank account has no beneficiary listed, and no co-owner, then it is part of the estate, so the estate value is not zero. Being in a bank out of state does not remove it from the estate. Not sure why you don't know the value. Do you not have access to her mail/bank statements? If you...Read more »
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