This is a small claims case. it was scheduled for nov 21st. The defendant filed to change the date and it is now scheduled for Dec 19th. The paperwork says he had 5 days to sign up for mediation. 5 days would be today and he has not signed up yet. Can I get a default judgment for him not... View More
answered on Oct 31, 2023
Under California law, a default judgment in small claims court is typically issued when a defendant fails to appear for the hearing. If the court order or paperwork specifically required the defendant to sign up for mediation within a set period and they did not comply, you might have grounds to... View More
Possession of the premises. Wat are my rights. Before they file a lock out.
answered on Oct 27, 2023
Under California law, if you missed a court date and were served with a proposed judgment regarding immediate possession of your premises, it suggests an unlawful detainer action against you. First, you have the right to file a motion to set aside the default judgment if you believe you had valid... View More
What forms I have to fill out to ensure I receive my inherentense is there a deadline
answered on Oct 21, 2023
I'm sorry for your loss.
In California, if your mother passed away without a will (intestate), as her only child, you would be the primary heir. To claim your inheritance, you'd typically initiate a probate proceeding by filing a Petition for Probate (Form DE-111) with the... View More
My vehicle was towed off a property of which I was a patron (lunch). The security guard stated they saw me leave the property and had me towed, and that they have pictures. I can provide the proof I was a customer eating at this property, but my main concern is if the security guard is taking... View More
answered on Oct 17, 2023
In California, there's generally no expectation of privacy when one is in a public place or a location where they can be readily seen, such as a parking lot. Therefore, the act of taking a photograph in such a setting does not typically violate any privacy laws.
However, how the... View More
I signed a lease with someone, the deposit was 600, I sent her the 300 and I’m leaving now and was expecting my 300 back. Complication: Since she’s been in this apartment for a while, she’s never gotten her initial deposit back from the leasing company, so anytime someone moves in with her,... View More
answered on Oct 16, 2023
Under California law, landlords can only deduct from a security deposit for unpaid rent, repairs for damages beyond normal wear and tear, and cleaning to return the unit to its original state when the tenant moved in. If your lease agreement does not stipulate any specific cleaning fees or... View More
I have an issue regarding a relocation assistance disagreement with a former landlord. My 75-year-old disabled mother and I were tenants in a condo complex unit in LA, which follows LA County regulations. We were given a no-fault eviction. The landlord’s 60-day notice and UD-100 did not mention... View More
answered on Oct 15, 2023
In California, the jurisdictional limit for small claims court for individual claimants is $10,000. Given that you've already initiated a small claims action for the initially agreed-upon $10,000, you could potentially seek the difference of $3,359 in a subsequent small claims action. However,... View More
he paid 1st month rent plus one month value un deposit
answered on Oct 13, 2023
In Los Angeles, small claims court can handle landlord-tenant issues like rent and security deposits. Before filing a claim, try to resolve the issue directly or through mediation. If you go to court, have all documentation like rental agreements and receipts ready. For personalized legal advice... View More
he paid 1st month rent plus one month value un deposit
answered on Oct 14, 2023
In California, when a tenant pays a security deposit, the landlord must return the deposit within 21 days after the tenant vacates, unless there are lawful deductions such as unpaid rent, cleaning fees, or repairs beyond ordinary wear and tear.
If the landlord fails to return the deposit... View More
answered on Oct 12, 2023
In California, if a watch repairer discovers that a watch brought in for refurbishing as a Rolex is not genuine, several issues arise:
1. The watch repairer has no legal obligation to report the customer unless there's evidence of a larger scheme of deception or fraud.
2.... View More
answered on Oct 31, 2023
One option is to tell the customer that you believe the watch is not genuine, and asking them how they would like you to proceed. That could prevent suspicion against you, and it could prevent misunderstandings if the customer would not have wanted to invest in repair costs for a non-genuine watch.... View More
Airbnb host threatened to call the police if I don't respond to his messages. He is accusing me of leaving the apartment dirty - he shared a few images which does NOT show damage - but shows bathroom countertop with water droplets + used kitchen countertop - BUT no damages what so ever. His... View More
answered on Oct 10, 2023
Under California law, leaving an apartment in a less than pristine condition, absent any actual damage, does not rise to a level that would typically warrant police intervention. If there's no substantial physical damage beyond normal wear and tear, the issue is generally a civil matter, not a... View More
Hi everyone, my parked car was hit by a drunk 20 year old driving his sister's car. They did not have any insurance and I only had uninsured motorist that covers up to $3500. My insurance paid me out the $3500, but I am still out a few grand ($2,972). I wanted to know if I'll be able to... View More
answered on Oct 10, 2023
In California, you can sue both the driver and the owner of a vehicle for damages in an accident. When presenting your claim, you can include the costs of the items damaged or destroyed as a result of the accident, especially if they were integral to the vehicle or impacted by the accident, such as... View More
The contract in question is for an in-person dating service, which does not exist anywhere near where I now live in California. The company acknowledges that I cannot make use of their service, but they are refusing to let me cancel and demanding that I pay the full amount. California civil code... View More
answered on Oct 10, 2023
The issue of contract enforcement across state lines can be complex. In general, contracts are governed by the choice of law provision specified in the agreement. However, California has a strong public policy of protecting its consumers. If the contract in question has a choice of law provision... View More
The contract in question is for an in-person dating service, which does not exist anywhere near where I now live in California. The company acknowledges that I cannot make use of their service, but they are refusing to let me cancel and demanding that I pay the full amount. California civil code... View More
answered on Sep 30, 2023
Without more facts, there is no reason to even assume a California court would have jurisdiction over the company or this issue. Even if it did, there is no reason for California law to be applied to a contract made in Washington with a (at the time) Washington resident. All that being said, to... View More
My sister and I have been living with her friend she met while working at Kaiser Hospital in San Francisco. For the last nine years we have been living in Fair Oaks, CA. The home belongs to my sisters friend. My sister and I are both low-income senior citizens. I trade work for rent and... View More
answered on Sep 24, 2023
In California, if a tenant believes they are being harassed or bullied by their landlord, they can contact local law enforcement to report the behavior, especially if it becomes threatening or violent. Additionally, a restraining order might be sought if the harassment reaches a level where one... View More
The Plaintiff is requesting clarification regarding the judgement in a small claims case ruling the Plaintiff to take nothing of virtue of the complaint and insight on how the judgement applies to the specific case adding evidence that I provided that shows that I called a gift his,which is what he... View More
answered on Sep 20, 2023
In response to the SC-105 letter from the plaintiff seeking clarification on the judgment, you should provide a clear written explanation of how the judgment applies to your specific case, addressing their concerns and attaching any relevant evidence. If you disagree with the order requested, you... View More
answered on Sep 19, 2023
In California, it is generally illegal to collect an advance placement fee from teachers or any job seekers without a valid job order. The California Labor Code prohibits the collection of any fees from job applicants, including placement or recruitment fees, unless there is a written job order in... View More
I had a minor accident last year and it he person who was with me at the time of the accident, said that he can fix that easily. I didn’t had too much money and this seemed as a good idea at a time. I gave him money in few instances because he was allegedly buying the parts.
He was... View More
answered on Sep 5, 2023
Under California law, you generally have a three-year statute of limitations for theft by false pretense, so reporting the crime a year later is within that window. To initiate the process, you should file a report with your local law enforcement agency, providing all evidence you have, such as the... View More
What should I do I've been unable to contact company for a year
answered on Aug 27, 2023
If you believe you've been sold counterfeit or misrepresented goods on Amazon, you can file a claim through Amazon's A-to-z Guarantee. Additionally, consider filing a complaint with the California Attorney General's office and the Better Business Bureau. You may also explore legal... View More
My brother in law loaned me money. He did not give a repayment timeline and said he would never collect if I didn't pay him back. I was paying him back but my wife is divorcing me so I do not feel obligated to continue paying him back.
The agreement was verbal, there is no contract.
answered on Aug 22, 2023
In California, verbal agreements can hold legal weight, even without a written contract. While your brother-in-law initially indicated that you didn't have to repay the loan and he wouldn't collect, the enforceability of this verbal agreement could depend on various factors. The... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.