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What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of... View More 
answered on May 9, 2024
Thank you for asking the question!
For evicting a tenant, you need to go through the formal legal process of eviction. Self-help of the landlord is prohibited. You cannot throw away the tenant's property as soon as you win the property.
Also, there is a right of redemption... View More
1.How does The Lack of a Valid Cause of Action stated in The Complaint Equate to The Court Possibly Lacking Jurisdiction to hear the Unlawful Detainer Case?
2.How is The filing of The NOTICE AND ORDER TO VACATE by The Plaintiff, but the failure of The Plaintiff to submit The REVISED NOTICE... View More
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answered on May 9, 2024
Hello! I'm doing well, thank you for asking. I appreciate you taking the time to reframe your previous questions. Let me address each of your questions in turn:
1. If the complaint fails to state a valid cause of action, it means that even if all the facts alleged in the complaint are... View More
I live in San Diego and we do have rent control here. It's my understanding that any lease agreement that is not in line with ca law is illegal, is this correct? And is this legal for them to do? I've only been in the storage 11 months as of this month.
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answered on May 9, 2024
In California, rent control laws primarily apply to residential properties, not storage units. However, there are some regulations that govern self-storage facilities:
1. Notification: In California, a self-storage facility must provide at least 30 days' written notice before... View More
My landlord said he rang the door bell and knocked the doors I didn’t hear at all. So he said he thought nobody was home and them entered as he has the key. I thought it insulting.
He said it was an emergency as the fire alarm battery was dead and needed replacement.
I argued that... View More
answered on May 10, 2024
Fire protection is a justifiable reason for him to enter. I'll assume he had the necessary battery and installed it during the incident.
You are being unreasonable.
I agree that it could have been handled better, but that does not mean it was handled in a way that is... View More
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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... View More
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
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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
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answered on May 8, 2024
In California, a judge has the discretion to seal or mask an eviction record under certain circumstances, even if the tenant loses the eviction trial. This process is known as "masking" or "sealing" the eviction record.
According to California Assembly Bill 2819 (AB... View More
NOTICE AND ORDER TO VACATE- You stated at the end of the answer that it depends on if the Court thinks that the REVISED NOTICE is Material to the Case? The NOTICE AND ORDER TO VACATE is The Plaintiff's only Cause of Action in the Complaint in this Unlawful Detainer Case.Is this what your... View More
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answered on May 7, 2024
In California, regarding your questions about the plaintiff failing to submit a copy of the revised notice in an unlawful detainer (UD) case and the implications for your writ petition and potential civil case:
1. Cause of Action: If the revised notice is the sole basis for the... View More
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answered on May 7, 2024
If you have received an FDIC certificate for BMO Bank National Association (Cert #16571), it means that your deposits with this bank are insured by the Federal Deposit Insurance Corporation (FDIC) up to the maximum amount allowed by law, which is currently $250,000 per depositor, per insured bank,... View More
"Procedural Due Process rules are meant not to protect person's from the Deprivation, but from the mistaken or unjustified Deprivation of Life, Liberty or Property".Thank You for your time and response to My Question.
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answered on May 7, 2024
The key part of the 14th Amendment you mentioned is a crucial aspect of the U.S. Constitution that safeguards individual rights in civil cases. Let's break it down:
1. Procedural Due Process: This refers to the legal requirement that the government must respect and follow all legal... View More
I am renting a small shop in pleasanton and have a draft lease agreement from the landlord, how can I know that all mentioned in the lease is legally correct and if anything needs to be changed
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answered on May 7, 2024
Here are some general points to consider when reviewing your draft lease agreement:
1. Lease term: Check the start and end dates of the lease, as well as any renewal options.
2. Rent: Verify the base rent amount, due dates, and any provisions for rent increases.
3. Security... View More
One of The Duty's and Responsibilities of an Attorney-As An officer of The Court...is to submit a Material piece of evidence even if the admissible Material item- piece of evidence is adverse to your client.Also, if I am not mistaken I think there is a clause in The Rules of Professional... View More
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answered on May 6, 2024
Based on the information you provided, it does appear that the omission of material evidence by an attorney could potentially be considered fraud under California law. Attorneys have a duty of candor towards the court, and this includes presenting all relevant evidence, even if it is adverse to... View More
On July 24, 2023 The Plaintiff's entire Case was based on One Document in this Case to Evict Me.This piece of evidence was THE NOTICE AND ORDER TO VACATE.This order was issued by The San Diego Development Services Department(Code Enforcement Division), and I was stunned when I saw that it... View More
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answered on May 6, 2024
Based on the information provided, it appears that the plaintiff relied solely on the original "Notice and Order to Vacate" issued by the San Diego Development Services Department (Code Enforcement Division) when filing the eviction case against you on July 24, 2023. However, you mention... View More
Thank You for your response to my question about Fraud, and the related CCP Code applicable when an Officer of The Court commits Fraud upon The Court.Are you familiar with the combination scenario where The Plaintiff commits Fraud upon The Court to Procure a judgement in an Unlawful Detainer... View More
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answered on May 6, 2024
If you believe that the plaintiff committed fraud upon the court in an unlawful detainer (eviction) case, resulting in a judgment against you, you have a few potential options:
1. File a motion for relief from judgment under California Code of Civil Procedure (CCP) Section 473(b). This... View More
Just wondering if anyone has heard about this because I can't remember where I read this about 6 Months ago.I read that if a Plaintiff has committed Fraud in an Unlawful Detainer Case the Defendant May file a Lawsuit and the judge either must stay the execution of the Judgment or the Judge is... View More
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answered on May 6, 2024
Under California law, if a defendant in an unlawful detainer (UD) case believes that the plaintiff committed fraud to obtain the judgment, they may file a motion to set aside the judgment due to fraud. This is covered under California Code of Civil Procedure (CCP) Section 473(b).
CCP 473(b)... View More
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answered on May 6, 2024
In California, CCP stands for Code of Civil Procedure. There are several CCP sections that relate to fraud in civil cases. Here are a few of the most relevant ones:
1. CCP § 338(d): This section provides a three-year statute of limitations for bringing an action for relief on the ground of... View More
a neighbor offered the living room as temporary housing, then asked me to sign a lease for $800 p/m then said I dint need to pay due to hardhip, i offered a work/trade solution. now shes give me a 2nd 3day notice (never got a notice to start paying rent) wanting the full back rent amount. I had... View More
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answered on May 6, 2024
Based on the information you've provided, it seems like there may be some confusion or disagreement between you and your neighbor regarding the lease and rent payments. Here are a few key points to consider under California law:
1. Lease agreement: If you signed a lease agreeing to pay... View More
Nothing in my rental agreement says I can't have a dog or service animal. And he did evicted me for 4 days from the house for me bringing service dog. What court can I file against him ( federal, Superior,or civil courts .
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answered on May 6, 2024
In California, landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals, even if the rental agreement or lease states a "no pets" policy. Denying a reasonable accommodation request, such as allowing a service animal, is a... View More
About 6 Months ago I read somewhere that if a Plaintiff in an Unlawful Detainer Case Procures a Judgment through Fraud- The Defendant then files a Fraud Lawsuit against The Plaintiff- The Judge in The case Must Stay The Execution of Judgment Pending The Fraud Lawsuit.Do you happen to know what CCP... View More
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answered on May 6, 2024
In California, if a defendant believes that a plaintiff procured a judgment through fraud in an unlawful detainer (eviction) case, the defendant can file a separate lawsuit alleging fraud. However, the filing of a fraud lawsuit does not automatically stay the execution of the unlawful detainer... View More
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answered on May 6, 2024
In California, using someone else's personal information to apply for benefits or services without their consent may be considered identity theft, which is a crime under California Penal Code 530.5. If your roommate used your name and information to apply for California rent relief without... View More
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