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Recent Unlawful Detainer questions

Our landlord, thru his attorney, is threatening to file an

Our landlord, thru his attorney, is threatening to file an unlawful detainer if we don't pay 1850 in accrued legal fees (for preparing pay or quit/perform or quit notices over the past year) immediately. Is this legal?

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Maverick

Doctoral Degree

6,792 satisfied customers
We were served an unlawful detainer in bankruptcy, the

We were served an unlawful detainer in bankruptcy, the superior court judge was informed by case law and bankruptcy lawyer-and even plaintiff's attorney, that it was in violation of the automatic stay and required dismissal. The federal bankruptcy court overruled the unlawful detainer as a violation, the fed district court also agreed in appeal. we lost our home and damages exceed $100,000.00, can we sue the judge for malpractice and other damages? I fought pro per on this for almost 8 years, and it is now being considered for case law by BAP. We are without what is rightfully ours due to his conduct.

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AttyHeather

Attorney

Juris Doctorate

978 satisfied customers
I have an unwanted guest in my house. Can I lock them out of

I have an unwanted guest in my house. Can I lock them out of any bedrooms? For example the master suite. this is in Florida.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: FloridaJA: Have you talked to a lawyer yet?Customer: Yes, however this question did not come up and they are out of the office for todayJA: What advice did they give you?Customer: they had not had an answer to this regardsJA: Anything else you think the lawyer should know?Customer: person does not pay rent or anything towards the propert

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
The judge denied my Ex parte request to issue a writ of

The judge denied my Ex parte request to issue a writ of posession because he said it required a declaration under oath

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N Cal Attorney

Doctoral Degree

7,200 satisfied customers
In an Unlawful Detainer case in California, Plaintiff filed

In an Unlawful Detainer case in California, Plaintiff filed Motion for Summary Judgement (MSJ). I had been on East coast with ill father so requested Ex Parte hearing for more time to file Opposition to Summary Judgement. Court clerks made Ex Parte hearing on same day and time as hearing for MSJ, obviously could not attend both and was told to attend MSJ hearing only. Clerk also wrote (they require communication to be via email) that judge could not consider Opposition the day before hearing (not true in UD case) so I didn't file it but brought it with me to hearing, some exhibits/evidence therein being either on record or previously exchanged between plaintiff's counsel and myself (defendant, in pro per). Plaintiff opposed admittance of any written evidence claiming she had not seen it (not true) and judge took it under submission without ruling at the hearing. 2 days later I filed Opposition to Summary Judgement but was an hour after judge ruled in favor of MSJ, as matter of law, not merit. What is my quickest & best recourse AND what are the matters of law that support it (e.g. CCP, Rules of Court, etc.)

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
I have a question about accepting rent after judgement has

I have a question about accepting rent after judgement has been made on an evictionJA: Because laws vary from place to place, can you tell me what state this is in?Customer: need to interpret our lease - NCJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: We are the property management company want to interpert a specific clause in our lease

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KJL LAW

Juris Doctorate

1,172 satisfied customers
In California, how long do I have to appeal (motion to

In California, how long do I have to appeal (motion to vacate or reconsider) in an unlawful detainer case where landlord won a Motion for Summary Judgement. I requested an Ex Parte hearing for extension of time to file Opposition to Summary Judgement but was given same date and time as hearing for Summary Judgement, told by clerk (in email) wrongly (?) that judge wouldn't accept written opposition day before hearing and was not allowed to orally present all information I had with me written.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
I have a couple of questions, actually; I'm kind of having a

Hi Pearl! I have a couple of questions, actually; I'm kind of having a hard time crunching all the legal jargon.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: Oh, California.JA: Have you talked to a lawyer yet?Customer: Not yet; I can't afford a lawyer.JA: Anything else you think the lawyer should know?Customer: It's a collections case? I think? The resources I've been getting say it's an Unlawful Detainer case, but I don't know. It's a civil case.JA: Since laws vary from place to place, what state is this in?Customer: ...California

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Dwayne B.

Juris Doctor

35,746 satisfied customers
I agreed to move out by the 25th on a stipulation agreement

I agreed to move out by the 25th on a stipulation agreement with my landlord during mediation. He needs me to move so he can rent out the property for more money.. However, the house I was supposed to move into burned down and now I have no place to move too by the 25thJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: californiaJA: Has anything been filed or reported?Customer: unlawful detainer was filed and we settled in mediation.JA: Anything else you want the lawyer to know before I connect you?Customer: I pay my rent 6 months in advance.. my landlord exceted the rent and then gave me a 30 day notice a month and half after he collected the 6 months advance rent

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Phillips Esq.

Attorney

Juris Doctor

18,316 satisfied customers
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