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Category: CA Real Estate
Satisfied Customers: 177
Experience:  I have nearly three decades of legal experience, including Real Estate Law, and have held a Real Estate Broker's License.
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Thank you previous response. 1 - I read on the court website

Customer Question

Thank you for your previous response. 1 - I read on the court website that they charge $435 to file your first answer. When me, my wife, and my son each file an answer with the court, do we each have to pay $435 filing fee? Or is it all filed together
and only one fee of $435 is paid? 2 - Once we file our answer with the court, do we have to have a 3rd party serve the tenant’s attorney in person? Or can we just mail it to them and file proof of service by mail? 3 - What is form MC-030 (Declaration) usually
used for? Is it required in our case, or just the answer form (PLD-C-010) is enough? 4 - If we are attaching evidence such as photographs, invoices for damages, etc. to our answer, how should we attach them? Should we refer to them as “Exhibit A”, “Exhibit
B”, etc… and attach them to form PCD-C-010? 5 - We are also waiting to get a declaration from the real estate agent who helped us rent the house, to where she will testify to the damages that the tenant caused. Should we attach it to the answer (Form PCD-C-010)
as an exhibit? 6 - If we don’t get the real estate agent’s declaration in time to file our answer, can we submit the real estate agent's declaration at a later time? If so, which form will be used for that? 7 - I see that the tenants’ attorney has cited a
lot of laws in his declaration to the court in support for their case. Are there any laws that you can help me reference in our answer to the court as to why we should not have to return the tenant’s security deposit? For example, there are 2 days of unpaid
rent, unpaid utilities, damages to wood floors and furniture, cleaning bills, we charged the tenant to rekey the locks because he did not return all the keys we provided to him at the beginning of the rental. Should we have to mention specific laws for each
of these damages that we are seeking? 8 - When we file a counter lawsuit (form PLD-C-001), do we list ourselves as the plaintiff or are we still the defendant? 9 - When we file a counter lawsuit (form PLD-C-001), can we write all of our names (me, my wife,
and my son) on one form, or do we each have to file a separate form? 9 - When we file a counter lawsuit (form PLD-C-001), do we mark the box that says “Cross Complaint”? 10 - When we file a counter lawsuit (form PLD-C-001), do we put the same case number *****
the original law suit filed by the tenant? 11 - When we file a counter lawsuit (form PLD-C-001), we want to also name the tenant’s parents who also resided in the house and caused damages. How do we do that? The tenant’s parents names were not listed as plaintiffs
on the initial law suit filed by the tenant. 12 - When we file a counter lawsuit (form PLD-C-001), do we (me, my wife, and my son) each attach a declaration and exhibits? Or can we submit a joint declaration and exhibits? Thank You.
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  Richard Price, Esq replied 1 year ago.

1. Yes, you will each have to pay a filing fee. The amount may be less, depending on the amount at issue in the case.

2. You can mail the answer to the plaintiff or the plaintiff's attorney.

3. You only need to file an answer. Do not file a declaration.

4. You don't have to put in any exhibits to your answer.

5. You don't have to file any declarations or exhibits with your answer.

6. You, and your witnesses, including the real estate agent, must be in court to testify in person. Declarations don't do anything.

7. You would bring all of your evidence to court at your trial.

8. You are the counter-plaintiff in a counter suit against the plaintiffs.

9. Yes, cross complaint.

10. Yes, same case number.

11. You'll have to serve them by proper service. Hire a registered process server to do that for you.

12. No declarations or exhibits.