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  1. I received a ticket for expired registration a few days ago. The next day, I was given the same ticket. I was on my way to get enough money to pay my registration. A friend of mine said I should not have been cited again if I had time to fix it. Do I need to challenge one?
  2. I live in a development with an HOA. A Meth head lives with his parents in a duplex across our small cul de sac. He has affected neighbors on the street and on the other side of the walkways with loud f-bomb cursing, interrogating pedestrians including children, noisily throwing items around, doing demolition inside the house at all hours, driving a truck recklessly in spite of the children, pacing and raging around his driveway shirtless and shouting curses at "someone" we can't see. The children are afraid of him and the parents only let them play out front if they are with them the whole time, or if they are sure the Meth-head isn't lurking around. The parents have locked him out and he removes the sliding patio doors from their tracks to break in. Sheriffs say that since he lives there they can't lock him out. The renter who shared the party wall was driven out after four years of unpredictable banging and slamming on the wall and loud shouting. The Owner is selling only the empty half of the duplex while keeping the other half. I asked the realtor at open house whether they don't have a duty to disclose conditions to the seller, she said no. I have written to the realtor whose name is on the open house sign. I detailed the years and types of outrageous behavior and gotten no reply. I went to City Hall to see about code enforcement but was told there is no code for this situation. When I phoned the DRE they told me they have no jurisdiction. Sheriffs have made numerous calls to the houseover the years, sometimes arresting the Meth-head and taking him away, sometimes just sitting him inside the squad car while his mother cries and begs them to release him, and sadly they do. It takes them longer and longer to respond to calls now. He wanders around and walks into open garages and if the resident is there, mumbles some lame excuse about why he is trespassing. He opens side gates and trespasses into yards. Sheriffs told one woman there is nothing criminal about that, since meter readers and UPS drivers have access to the yard too. They said she could hang a No Trespassing sign on her gate, which she did. Thefts from vehicles parked on the street or in driveways forced some of us to buy and install surveillance cameras to monitor our property. My AT&T service runs me $600 a year and I review tapes every morning. He has interfered with gardeners doing their jobs and threatened them to turn off their equipment, and decided to chat up my painters who were hired to comply with the HOAs demand to paint the house trim. One was on the roof, the other was on a ladder. They were not interested in his attention. I warn visitors not to make eye contact with him. I got a copy of the CC&Rs. It has one section about Nuisance. The behavior is a nuisance and interferes with our quiet enjoyment of our homes. The Quiet Enjoyment Section seems to only deal with the recreational areas, like swimming pools. (from the CC&Rs) "ARTICLE XI - USE RESTRICTIONS Section 3 - Nuisance." "No noxious or offensive trade or activity shall be carried on upon any Residence, or any part of the covered Property nor shall anything be done thereon which may be, or may become an annoyance or nuisance to the neighborhood, or which shall in any way interfere with the quiet enjoyment of each of the Owners of his respective Residence, or which shall in any way increase the rate of insurance." So, short of hiring a Real Estate attorney is there a remedy anyone on this site has used successfully for something like this? I'm in California.
  3. Hi, I received a letter today stating that Quicken sold my loan to LoanCare LLC. My LTV is over 80%. With the exception of the initial home purchase back in 2001, I have never used an escrow account, and have always paid my homeowners insurance and property taxes separately and in a timely manner. The initial down payment when I purchased the home in 2001 was over 20%, so I never paid PMI. I have excellent credit. My question is two-fold. 1. Can they force me to use an escrow account and if so, do I have any recourse? This is a huge problem for me because I prefer to work directly with my homeowner's insurance (which is valued correctly) and LA County for property taxes. This way I can guarantee timely payment by not relying on a third party. 2. I always used auto-pay with Quicken, but with the things that I read about this company, I'm tempted to go back to writing checks, much to my chagrin. Would I need to specify on each check the exact amount for principle and interest so they don't fail to apply the correct amount to each bucket, or is that pointless? 3. If things go sideways with this new company, is there any other agency besides Consumer Finance where I can file a complaint? While I realize that not everyone will have a problem, many of the problems I'm reading involve people who claim to make timely payments, and yet amounts were incorrectly applied, which marked their principle as late, and impacted their credit score. Another issue is that folks were forced to use escrow accounts despite not ever needing them in the past. Those are the types of things that I'm concerned with. I'm not set up in their system yet, otherwise I'd call to get as much information as possible. Refinancing just to get away from them may be an option, despite cost, but there's no guarantee that the loan won't be sold back to them at a later date. So, I'd like to be prepared with as much information as possible. Thanks in advance, Bonnie
  4. Across the street from me 50 ft maybe my neighbor is allowing a homeless woman whom someone gave a motor home to to use his bathroom, electricity, and live outside his fence on a corner on the easement at the corner of my street and the one across from my driveway, police say some state tertiary law prevents them from moving her at least from living out of the trailer. She has friends there and their cars, and her dog. She is there all the time for 7 weeks now. She's even asked me to shut off my porch light earlier! I cannot find this law that supposedly prevents police from moving people who are living among tax paying homeowners I'm the one who has to look at here day in and day out as she is right at my door and driveway not the guy who says she is down on her luck. She also has a car newer than mine parked behind her motor home.
  5. Hi, My cousin Bob has epilepsy and the doctor suggested implanting a device which can monitor brain activity and hopefully reduce severity and frequency of seizures, as well as ultimately reduce his medication. The procedure is scheduled at the end of this month and he had his final appointment with the doctor performing the procedure as well as the anesthesiologist on Friday, and all went well. He was told that after the procedure he will need to be off work for one month and no lifting above his head for a time afterwards, exact time TBT. The doctor told him to fill out the disability paperwork. Here's the issue. About 12 days ago, he was injured on his job, fractured a few bones in foot. Company took full responsibility and sent him to their doctor immediately and he is off work until his recheck appointment in early September, when the doctor will examine and give him a return to work date. His company told him to fill out disability paperwork. There already is a worker's comp claim open for the accident. Our question is this: Does he fill out 2 separate disability forms, one for each incident or is there another way to handle this? Thanks in advance, Bonnie
  6. My girl-friend is an RN with a Master's in Nursing. She is now retired and worked for 30yrs in nursing and grew up with millionaiire father with impeccable taste. My Girlfriend does not know HOW to SPIT! She tried to spit and of course it ran down her chin. When I met her I used Coppehaggen and when she saw me spit she moved away from me and told me "IF you want me THAT was your last spit!" The manager is on a power trip and is evict two other families who have been here for three prior apt managers. The police were called and my friend never had to talk to her. I told them that the manager would have to be committing a simple assault in order to be able to be hit by spit coming out of a vehicle 3 feet away. What? Do you think my girl has not worn glasses since the HIV problem started??? She--more that most knows the dangers of spitting and does not know HOW!!!! Please I need a spinal surgery very soon to save my ability to walk. Im 65 my friend is 60! This is insane I need her help in a very few weeks and have NO ONE ELSE!!!! I NEED HER HELP IN RECOVERY> My girl--apologized for her profanity and asked to be allowed to help me. She was told that I would be evicted if she ever came back. NOTHING PROVEN POLICE FOUND NOTHING!!! Warren
  7. Married 1989, I filed for divorce in 1995 irreconcilable differences/ other reasons. She refused to sign. For the next 24 years we lived separate lives. We have two children that I raised on my own with no financial help from her from 1998- until they moved out 2013 & 2017. In 2017 I filed again, two years later still married. I removed her off my health insurance several years ago. Not knowing this was illegal until divorce is final. She has perjured herself on legal documents stating we cohabitated from 1989-2003 not true. I just want a divorce, I don't want back child support nothing. I also feel she has no claim to my disability retirement that started 7 years after separation. Basically she gets nothing nor do I. Is this just wishful thinking?
  8. I don't know if this is the right place to put this but please forgive me if it is not. My elderly mother lives in California. I will try to make this as short as I can. I apologize in advance for the length. She has always had a particular flair for the melodramatic, a never ending need to be the constant center of attention, and an uncanny ability to charm or persuade just about anybody into believing just about anything. These things have been true of her for her whole life. It is that last skill that I am worried about. Her only real health issue right now is that she does not want to have to start using a wheelchair due to arthritis. She refuses to take pain medication or prescribed antidepressants or use a wheelchair, and then complains that she can't stand the pain of trying to walk. She's one of those people who says they'd rather die than be seen in a wheelchair, and apparently she means it. Well, so now she is planning on making that happen.. She sent me and 3 other people an e-mail saying that she has made a decision to end her life on her own terms "within the next few months" and she hopes we'll all come and be there with her for this momentous event. She also asked us not to tell anyone else. Not only do I not want to be there for it, I don't want to have anything to do with it, because I am opposed to it, and I don't think she is even eligible. She is NOT TERMINALLY ILL. She IS terminally self-centered and manipulative and stubborn, but she is NOT terminally ill. (I'm sorry if this doesn't sound like I am a very loving child; I am just really angry about this stunt right now. But I digress.) My concern is that she does have a doctor who hates to say no to her. She charms him like she charms everyone else and he pretty much just goes along with her. QUESTION 1: As the eldest child with her Health Care Power of Attorney in the event that she is incapacitated, do I have any standing to say, "No, I am opposed to this at this time. Don't do it." (If she really were terminally ill I think I would reluctantly try to respect her wishes, but again, she is NOT TERMINALLY ILL, at least not at this time.) What I want to do is let her doctor know that if he even THINKS about signing that form certifying that she is terminally ill (let alone helping her find another doctor who will go along with it for the 2nd signature) I am going to sue the living daylights out of him for malpractice and wrongful death and better yet, hopefully have him arrested. She is NOT TERMINALLY ILL (unless you count age, itself as a "terminal illness" which SHE DOES, but I went and read the California statute and it looks to me like it explicitly says that neither age nor disability alone qualifies a person as being "terminally ill" for purposes of that statute.) The thing I'm worried about is that she is (and always has been) such an expert at being charming and manipulative -- I'm afraid she'll charm or manipulate some doctor or another into going along with it and giving her the death drug before I can do anything to prevent it. QUESTION 2: What can I actually do, if anything, to prevent this from happening? We have argued about this before, and her view (which I'm sure she will try to charm her own doctor into believing) is that I am heartless and cruel and "just don't understand."
  9. MoviePass.com gives you access to see one theater movie every day for $10/month or $7/mo paid annually. I subscribed and my wife and I were going about twice a week average until there was a problem, where a ticket agent mistakenly tried to put 2 tickets on my account. Moviepass cancelled my account and I've been negotiating with their cs people for two months, now finally, they are telling me that they have reviewed and are sticking by their cancellation. Does not matter the fault, I'm banned. I believe they are fraudulently offering the service and look for frivolous reasons to cancel high volume users like us. I'm thinking I might get their attention, possibly on a national level with a simple sm claims suit. Although I could not seek relief in the form of reinstating my account, I could cite damages 10 mo x 30 days x $14...$4,200 with the goal of embarrassing them into treating me an other users fairly. I realize there could be problems with the venue, but I've used their service and they provide service in Orange County, so seems like if just getting their attention is the goal, might be worth the hassle. thoughts?
  10. Hello, My husband and I are trying to install a solar array on our property in Grass Valley, CA (Nevada County) and are having significant issues getting our permit approved due to structures that already existed on the property (verifiable there since 1962 due cataloged aerial photos) but were actually built in the late 1950's (we have no way of proving that time though). The issue with them is that they are too close to the back property line, they are a foot to foot and a half away from the property boundary line. From all intensive research purposes, I found that Nevada county did not have any permitting regulations in place prior to 1962, which would then make me assume they may not have also had any type of setback regulations in place at that time either. The structures in question are in active use, 1 is 50 sq ft and is a gardening shed (no utilities or foundation), the other is 200 sq ft building which has a foundation and electrical. I use it as a workshop / studio and we recently just fixed up the interior due to some minor leaking. I just got back from the county office where the permitting tech seemed to think the proof of them being there prior to 1962 was sufficient and that the solar array plan just needed to include them within the site plan. Then she went to verify with a county planner and he came back with a big fat NO. He is insisting that there were setback requirements in 1962 and prior and told me he has to do more research and will get back to me and that we will most likely have to demolish or relocate them. There is no feasible place to move them too that would make them an eyesore for someone or use, so it only leaves an option of demolishing. Part of my thought process is, if building permits weren't required in 1962 then how could there be any type of stringently forced regulation that would still apply in 2019? I really, really don't want to lose my workshop as it has significant impact on my art life and if I lose it, I won't be able to continue with a lot of the things I create because my house is too small to accommodate my projects. But if we don't get this resolved, we will never be able to get any type of permitted work done which we have more plans for in the future. I also thought there was some sort of grandfathering clause, in the case for people like us that aren't held liable of expense for new code regulations or requirements. Additional information: The house was built in 1949 by my husbands grandfather, it has always been within the family. We purchased from my in-laws who initially inherited the home in the 1990's, in May of 2018. The property size is 0.6 acres and is zoned RA-1.5. The 2 additional detached structures were built in the late 1950s but we don't have proof. My only proof is from the UCSB library cataloged aerial photo from 08/1962. There are family photos showing them but they don't have dates on them. The property that is behind us, that our back property line shares, was not a parcel or property until 1981 and for additional, possibly not relevant info, did not have a permit when the home was built on it in 1984. I have attached a picture of our property, the structure which is the main issue is circled. We love our home as it is and this is really upsetting to both of us. Any help or advice would be great. Thanks so much, Katie S
  11. In Ventura county when someone is on probation the sheriff's will come to your home for what the call a probation search if your sleeping will wake you up say your under the influence. They make the arrest take you to jail and you will get released that night. What do they think your not under the influence later on that same night. It's not right to make an arrest then release someone for something that has not changed the original issue is it? Is it just to make the head count in jail so that tax payers are being charged. Does this sound right to anyone?
  12. My ex husband in CA used his cell phone to photograph my years old divorce decree and text it to someone, but he sent it to my son in NV. When my son asked him what this was and why he had sent it to him, my ex husband told him it was a mistake, his lawyer in the UK asked him to photograph it and text it to him. My son was very upset and showed me the text photo and the full decree he received. I am concerned that this private document was exposed when sent over unsecured cell phone text messaging. This was done without my permission and I am concerned about my private documents being texted within the US and internationally. I feel this is a breach of my privacy. Do I have any legal protections regarding this?
  13. MAIN ISSUE - I WAS SLAPPED WITH RESTRAINING ORDER AND THEN PUT ON 72-HR INVOLUNTARY HOLD (which turned into 6 days due to "lucky" or planned timing). Even though I am the one that was assaulted in my own home in May and have been abused for years. I NEED LEGAL HELP RESPONDING TO THE RESTRAINING ORDER BEFORE HEARING ON JUNE 27!!!!! ------------- I graduated magna cum laude from Ivy League university, then Ph.D. in engineering, and worked for 20+ years as environmental consultant for clients such as NASA. Five years ago I became disabled and lost my job. This has created financial hardship for my family. Spouse very stressed, and began to be physically abusive to me. Won't go into details on obtaining SSI, but still in the process. I do have only quantitative test that proves I have CFS/ME. And have diagnosis from family doctor, rheumatologist, and from physician from Workwell Foundation. Had to go through bankruptcy, but were able to keep our home. Younger son lives at home while going to college. He just graduated from SDSU. Older son is from my spouse's previous (2nd) marriage. He is 27 and still lives at home - BUT DOES NOT PAY RENT! He flunked out of community college. Then joined Army Reserves. After which things seemed to be looking up for him, BUT then commited and was convicted of, FELONY ASSAULT! More financial burden for us, paying for his lawyer, etc. Not sure if he has paidoff all fines and fees, but I think so because he recently quit Army Reserves. He works as a waiter. Over years I have been told if I really loved family I would kill myself. Been repeated threatened spouce would stop paying for my medication. Fortunately, now get it for free. But anything else I want or need told that until I start bringing in income, then there is ZERO in household budget for me. I have been expected to cook, clean, do yard work, etc. - which I have been happy to do. Just frustrating that there has never been any thanks. Only criticism and escalating emotional, mental, financial, and physical abuse. I have called police in extreme cases, for example, to try to keep spouse from destroying laptop a friend lent me (sady, only delayed that from happening for 2 years). I have called APS twice and fully described situation with very little help. About 2 years ago was attacked and I hid in the guest bedroom (where I have been forced to sleep) while spouse screamed over and over again I should kill myself, so I tried. But not after calling several people for help. Did not reach anyone, but left messages. Finally gave in and tried to kill myself with knife. Luckily (?), pastor called police and I was sent to Paradise Valley Hospital. I then did out patient treatment at Bay View until insurance company rules requiring me to go more days than i was able to given my CFS/ME forced me to stop. BUT MY POINT IS, I told everyone there what was going on. PHYSICAL ABUSE HAS - UNTIL RECENTLY - BEEN BEARABLE. AND I FAR AS I HAVE BEEN ABLE TO DETERMINE - IT IS EITHER REMAIN AND ENDURE ABUSE OR BECOME A HOMELESS PERSON. RECENT - Older son, who I adopted before he was ten, was in his room with is girlfriend. Spouse, younger son, and I were having an argument. BUT NO PHYSICAL VIOLENCE AND NO THREATS OF ANY PHYSICAL VIOLENCE. Suddenly, 6'5" , 250 lb, 27 year old, felon (convicted of felony assault in similar circumstance s) blind sides me. Grabs my by throat, lifts me up, and slams me against outside wall of house. Says something like "Did you think my girlfriend likes to hear this ****?" I try to fight back, but I end up being slammed against the ground - resulting in bloodied knees. I go to guest bedroom and barricade myself. Take photo of self with blody knees and post on Facebook . I contact acquaintance, who is on way back from LA. I believe he is one who calls police. Etc. Then weeks later I am the one forced out of my own home.
  14. My mother has multiple chronic conditions due to which she needs assistance for day-to-day activities and psychological support. She splits her time between USA and a foreign country. She sees doctors only in the foreign country. She has been in USA for couple of months, my wife helped her and now due to change of circumstance she needs my help. I want to take FMLA for 2-3 months. Is it OK to get the medical certification from the doctor in foreign country since that is where all her treatment happened and her medical records are present, even though she saw him two months back? Or do we need to get it from doctor in USA? For her conditions which began many years ago, what should the doctor specify for the question when did the condition start? Or should he mention the date she arrived in USA since she needs assistance here since we are her only family? For estimate of time care is needed, can he mention 6 months (her duration of stay in USA) - in case I need to take leave at a later time? For continuous leave, can he give the start and end dates for the two months that I am requesting.
  15. Sun am husband pulled off fwy to rest and couldn't get back on. FD and Chp came, he blew something over 0.10, and was arrested and booked. Prev DUIs in 2012 and 2015. I bailed him out 24h later, court is 7/1. He never got his notice of suspension and temp DL. His cell phone was stolen as well. Went to Chp to ask about missing susp notice and they gave us a blank copy and highlighted dmv phone # for hearing. Why won't they give him his temp license? Is this legal? They put a 15day impound on the truck.
  16. In a book I'm writing, I want some evidence that's obtained from a search of the trunk of a vehicle to be inadmissible because the search was illegal. Can you provide some interesting examples of illegal searches? Perhaps an officer's body cam footage will help make the case. Consent not properly obtained? Consent was ambiguous due to language issues? Gung ho rookie officer? Officer sees something suspicious because the rear seat is down and he can see into the trunk compartment? Maybe a rear light is out, and the officer, unasked, opens the trunk to see if he can fix it, then sees the illegal item? I appreciate the help! Al
  17. My house was raided due to my oldest sons socializing. But I was under the impression that the search warrent must be presented when asked for. They beat on my door at 5am. Then broke my front door and deadbolt. Arrested my oldest son. While screaming "come out hands first". I walked out to see 4 of those big guns with scopes on them pointed at me. My boyfriend of 7yrs Came out behind me. They immediately cuffed him. Gathered us all out side. Found nothing in my sons room. So they then proceeded into my youngest boys room.(I should mention they are 24yrs & 27yrs old). Who was already on his knees with his fingers laced behind his head. They still after cuffing him, yanked him up and threw him across the room. My 73 yr old father and his wife were also outside with us. I asked to see the warrent within the first 20 min of being outside. So did my father. They found $900.00 in cash, 3 oz of weed, and a hand gun that he was licensed for in his closed dresser drawer . He has a full time job. SEIZED those items Then arrested my younger son. They were asked to show the warrent 5-8 more times. Never produced it. They said they left a list of items seized with a copy of the warrent.Never found it. I called them repeatedly asking for it. 8.5 hrs later one of them knocked on my door and handed me a copy of the warrent. No stamp saying filed in court or anything like that. I have no clue what officers were even in my home. This dont seem legal to me. Am I wrong? Also I thought they had to conduct the search within 2 days of being issued? Is there any way to get stuff back?
  18. This is another potential subplot in a legal thriller that I'm working on. Please let me know if I'm asking too many questions! A man is driving a van and a woman is his passenger The van is stopped by the police After the van is stopped but before the policeman comes to the window, the driver and the passenger trade places, because the driver has a suspended license (OSLT) The woman is found to have some cannabis in her system, and charged for DUI Later the driver confesses that he traded places with the woman In that situation, would the woman be charged with providing false information to a peace officer? What if the driver says he coerced the passenger to switch places with him? Thanks! Al
  19. I am in the initial stages of hashing out a plot for my next legal thriller. I'm sure there are major problems with it. Maybe you can point them out and suggest fixes. A female assassin named Aksana shoots a man in the head. After she leaves the scene, she is stopped (possibly due to a clerical error). The police find her weapon during the stop. The weapon has had the serial number removed. She is arrested on an illegal weapons charge. At her arraignment, her lawyer is able to show that the search was illegal, and the case is thrown out (possibly because the stop was related to a clerical error, haven't decided yet). I'm guessing they do not return the illegal weapon even though the search was illegal (??). The police discover the body and retrieve the bullet. A ballistics test is done, and they get a probable match between the bullet and the weapon. Aksana is not arrested because they don't have any evidence they can use, but they investigate her. More evidence surfaces, and she is re-arrested. Aksana is able to get out on bail. She is held over, and the trial goes through ups and downs. Before the trial ends, a suspect that the police didn't pursue commits suicide with a note confessing to the assassination. The charges are dismissed. It turns out that Aksana faked the other suspect's suicide. Many thanks in advance for your help! Al
  20. Hi, I'm a writer, and my next book will include a subplot concerning blackmail. Here are some questions I have: 1. My initial research tells me that in California, someone cannot be convicted of blackmail (comes under the extortion laws in California) unless the defendant consents to the defendant's demands. That is, if someone tries to blackmail you, but you don't pay up (by transferring either money or other thing of value), it's only attempted extortion. Is that right? 2. Let's say someone goes to an attorney and says he's received a blackmail threat. Might the attorney suggest that working with police, the person make the payment in order to convict the criminal of extortion (higher penalties)? 3. This website talks about a new law regarding sextortion: "The law, which takes effect Jan. 1, 2018, amends existing extortion law under California Penal Code Section 518 to make it a crime to use the threat of releasing private sexually explicit images as blackmail to demand the payment of money, performance of sexual acts or more sexually images." I don't see how that is any different from the existing definition of extortion. Thanks! Al
  21. I am the tenant and received an unlawful detainer. I filed my answer and also asked for a jury trial due to landlord harassment, changing lock on front door, locking me out of the bathroom, quiet enjoyment, etc. I sent the landlord a UD-106 Form Interrogatories on 4/30/2019, however, I have not received any responses back. Could I file a Motion to Compel? Thank you.
  22. I am curious about something I found in someone's file at the courthouse. They were arrested for felony drug possession, have a prior felony charge, but got this one reduced to diversion, which they haven't even done. Their mug shot was supposed to be on the Sherrif's website for 30 days, but got taken down after a week and a half, and when I went to check out their file in the clerk's office, a portion of it was sealed per California Criminal Code, Section 1204.5. I looked up that code and read it, and couldn't really understand it clearly. It did refer to California Criminal Code, Section 1192.5 in part of it, and so I looked up that one, and I can't figure out why a portion of someone's record would be sealed under those statutes. I did speak to a criminal attorney, and he said he was not aware of any way to seal a record except for a 1203.4. Could you please read those codes and tell me what you think for a possible explanation?
  23. My retail workplace (in CA) never enforced the late or missed lunch penalty pay. Also during the first year of my employment, I was never given 10 minute rest breaks. While the CA rest and lunch laws are mentioned in the employee handbook they gave us, none of the supervisors were trained on this matter and most guidelines in the handbook are not enforced by the employer. In fact, the owner does not follow the guideline on many other matters mentioned In the handbook. I have been working there for just over 3 years. Am I owed backpay for my missed/late breaks and lunches
  24. I'm renting a room in a house and pay the master tenant, when I moved in I was told by the master tenant that my rent was going to the owner. I have always paid the master tenant and have never actually even talked to the owner. Apparently the owner had no idea anyone else was living there and she is now trying to evict me. I just received an amended summons and complaint, in the complaint there is a 60 day notice and a signed proof of service with the wrong name typed in and then crossed out and my name hand written next to it. I went to the courthouse and got a copy of the original complaint (which they filed but never served me with) in the original complaint it has the wrong names on the 60 day notice and on the proof of service without my name hand written in, my name is nowhere on the original complaint or the 60 day notice (which was said to have been nailed and mailed, with the wrong name on it) Anyway, my question is this: Can the owner of the property evict me when there is no landlord-tenant relationship (she is only trying to evict me, not the master tenant) also, how the hell can the courts allow a homeowner or the homeowner's lawyer to amend a proof of service to a different name? Especially when they were not the ones that signed the papers either? Isn't that perjury for the person that did sign the proof of service? If I swear that I mailed papers to Mr. Smith and sign and file a POS with the courts and someone comes along and amends the name on my POS to say I served Mr. Jones the courts consider that proper service? How is this legal to change the name on a proof of service, unless I have a DeLorean with a flux-capacitor that I can get up to 88MPH I wouldn't think that the courts would allow someone to amend the name on a proof of service that they didn't sign...if anyone can help me understand how that works I'd really appreciate it. Thanks
  25. In California, is there a practical limit to the potential recovery for civil extortion if the extortionate amount paid was small (around $1,000) but the ability of the defendant to pay is large? Can attorney fees be recovered by plaintiff if victorious or defendant if not? Can small claims court award punitive damages for civil extortion up to the $10,000 limit of that venue or would the plaintiff be limited to compensatory damages (i.e., the $1,000 above)? Thanks
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