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  1. Condo & Co-Op Repair and Maintenance: Is a Condo Owner Liable for Water Damage to Other Units from a Leak Within a Wall

    My question involves a condominium located in the State of: California

    I had a leak from my apartment condo which was behind a wall so I never noticed it. The water went down between the walls and...
  2. Civil Procedure Issues: Re: Is It Appropriate for a Judge to Dispute a Fact Which is Undisputed by the Partie

    I think a multi-pronged and coordinated approach with an eye on time limits, with hopefully one of the prongs leading to completion of the service of process. First, a motion for reconsideration on...
  3. Civil Procedure Issues: Re: Is It Appropriate for a Judge to Dispute a Fact Which is Undisputed by the Partie

    I did send it to a mailng address which qualifies as "usual" in the manner in which the statutes are interpreted in practice. The judge erred not because he though it was not a "usual" mailing...
  4. Civil Procedure Issues: Re: Is It Appropriate for a Judge to Dispute a Fact Which is Undisputed by the Partie

    The context within which to construe the "silence" on the question was there. Actually, there wasn't total silence. In his oral argument, the other side's counsel used a parallel personal example to...
  5. Civil Procedure Issues: Re: Is It Appropriate for a Judge to Dispute a Fact Which is Undisputed by the Partie

    Actually, the judge did not agree with the other party as to whether the mailing address was a "usual" address under statute. The other party was simply trying to play semantic games. In California,...
  6. Civil Procedure Issues: Is It Appropriate for a Judge to Dispute a Fact Which is Undisputed by the Parties

    My question involves court procedures for the state of: California
    In my case, defendants filed a motion to quash service of summons. I opposed and filed as evidence an official County Tax Assessor...
  7. Service of Process: Can an Out-of-State Landlord Be Served at His California Property Address

    My question involves court procedures for the state of: California

    I filed a civil suit in California against my former landlord. The landlord's last known address was in South Carolina The...
  8. Service of Process: Re: Must Copies of Proof of Service of Summons and Complaint Be Given to Opposing Par

    There real substance of my question is about the law:
    (1) Does California law REQUIRE that I give the opposing party copies of the declaration of service and proofs of service of summons and...
  9. Service of Process: Re: Must Copies of Proof of Service of Summons and Complaint Be Given to Opposing Par

    My understanding is that generally speaking, copies of the declaration of service and proofs of service of summons and complaint do not need to be provided to the served party, neither in civil nor...
  10. Service of Process: Must Copies of Proof of Service of Summons and Complaint Be Given to Opposing Party

    My question involves court procedures for the state of: California

    Does the California law require that copies of the proof of service of summons and complaint be provided to the opposing, that...
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    Quiet Enjoyment: Landlord Liability Without Harm to Tenant

    My question involves landlord-tenant law in the State of: California

    Correct me if I'm wrong. In common law tort causes, a plaintiff, in this example a tenant, who is mistreated by a landlord is...
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    Eviction Process: How to Get an Unlawful Detainer Case Sealed

    My question involves an eviction in the state of: California
    Under California Code of Civil Procedure 1161.2(e) if a tenant prevails in an eviction action within the 60 day temporary seal period,...
  13. Repair and Maintenance: Renterís Insurance for My Liability or Landlordís Liability Towards Me

    My question involves landlord-tenant law in the State of: California
    I had an agreement with the landlord to do some repairs, including very simple repairs of broken
    electrical sockets, switches,...
  14. Quiet Enjoyment: What Can I Do if Landlord Abuses Their Right of Entry

    My question involves landlord-tenant law in the State of: California
    I made a stipulated agreement with my landlord that I move out within two weeks. The landlord has engaged in a pattern of...
  15. Eviction Process: In an Unlawful Detainer Case, Does a Court Need to Rule on All Defenses

    My question involves an eviction in the state of: California


    If a landlord raises certain grounds and a tenant asserts several defenses does a court in theory need to address all defenses? Or do...
  16. Re: What Are Statutes of Limitation for Retaliatory Eviction and Unlawful Conduct

    My landlord has tried to evict me and in my answer I have indeed raised as two of my affirmative defenses those of retaliatory eviction and use of unlawful conduct to influence a tenant to move out....
  17. What Are Statutes of Limitation for Retaliatory Eviction and Unlawful Conduct

    My question involves landlord-tenant law in the State of: California

    In particular, California Civil Code ß 1942.5 on retaliatory acts/eviction and Civil Code ß 1940.2 on use of unlawful conduct...
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