Most attorneys in CA will take an injury case like this on a contingency fee basis, meaning you will only pay the attorney for their time after the case settles or a judgment is obtained in your favor after trial (if a lawsuit is filed). One of the key threshold questions, however, will be... View More

That's a definite maybe. It's unclear what you may recover once you prove your case and if you do not have an atty fee clause IN the written lease, it may be hard to even find someone to represent you. Depending on what your lease says in describing the tenancy and the space you have... View More

Two very different issues here. One issue is a landlord tenant issue the other is related to child custody. 1) Generally speaking, yes, the homeowners can evict you from their property assuming you are not on any lease or other legal agreement with the property owners regarding your continued... View More

A policy is not a law, so violation of a policy is not illegal. However, it is illegal to record another person who has a reasonable expectation of privacy, like in their home. Whether that applies to a common garage is unknown, but since there is a policy that prohibits surveillance devices,... View More

Feels like a bait and switch. THAT said, regardless of any CAP, it's HIGHLY likely that they must give you 30 day notice prior to raising the rent. One way to get them is to take your biz elsewhere and get the initial teaser rate...

Personal Injury (PI) attorneys work on a contingency fee basis, which means they only get paid if they win your case. Kind of similar to a Realtor who only gets paid if they sell your house. So, if you had a strong PI case, with a $4mil. valuation... AND puni's, against a financially strong... View More

You appeared at the hearing. That is a general appearance, and absence of Proof of Service of the Summons is not in issue. If you think that picking at every minor detail is how attorneys present a case, or a defense, you are going to be very disappointed.

This topic came up under personal injury. Please note... this matter involves Landlord Tenant law. I would not try this yourself. If your tenant was cooperative then it would be fine, but you are going to have problems. Hire an unlawful detainer lawyer. I don't work in this area of law but I... View More

I am sorry for your loss.

Under California law, your brother's heir(s) have the right to start proceedings to recover the personal items. Your brothers heirs are his spouse and children (living or deceased), or if none, his living parents, or if none, his siblings.

If you are... View More

It depends on the reason they are not operating as smoothly as when you moved in. If you did something to damage them, such as jamming them into something you left on the track, that would be on you, the tenant. Similarly, if the frame is bent, it would be presumably from misuse. If the wheels have... View More

The answer to your question will depend on the language in the two trusts you mentioned. I have several points that may help.

First, people cannot control something they don't own. I cannot control who gets to use your car because I don't own it. In your situation: (1) your mother... View More

Depending on what City your condo is located, you may not be able to terminate the tenancy without what is referred to as "just cause." In other words, regardless of the lease expiring or not, the days in which you could simply give a 30-day notice or 60-days' notice to vacate are... View More

From what you say, as a housing voucher participant, you are entitled to due process of law before you can be evicted from real property. This means you must be given notice, in writing, an opportunity to respond, and a hearing in a court of law before a judge of the superior court in California... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

A keymaster arcade game may not be considered a vending machine under California law. According to Bus. & Prof.Code § 17571, a "vending machine" is defined as any mechanical device that operates by the insertion of a coin or other thing of value and dispenses a product, service, or... View More

I think you misconstrue what your Appeal is about. A TIMELY Appeal from a Small Claims Judgment by a losing defendant usually results in a "trial de novo" this means a new trial, the same as if no prior trial had occurred. You seem to think this will be a trial about whether the LL was... View More

Jonathan Kintzele Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2024

This answer depends on the specific language of the contract or lease itself, but I have provided an answer that I hope can help.

Whether the least act issue is enforceable comes down to the specific language, especially of the particular provision referenced.

First, the landlord... View More

If you solely inherited a house and a sibling is living there without a lease or your consent, you can legally remove them through the following steps:

Notice to Quit: Issue a written notice requesting them to vacate the property. California law generally requires 30 days’ notice, but it... View More

You may not use the security deposit for rent. The purpose of the security deposit is to protect the landlord from any damages to the property, and in case you are behind on rent. If you do not pay on time, you may be given a 3 day notice, after which an unlawful detainer (eviction) action may be... View More

You have a great case. You are entitled to money for your medicals, loss of earnings, pain and suffering etc. You need to contact anyone of us on Justia for a free consultation ASAP. It is important what doctors you see so you can prove your injuries .

That sounds like a case, although property owners have a defense they like to refer to as "open and obvious", so photographs of the area where this opening was will be important to discover why it wasn't conspicuous to explain why you fell into it. Also, medical evidence of injuries... View More