Landlord Entry Rules California

Summary

California Civil Code Section 1954 requires landlords to give 24-hour notice before entering a rental property, with exceptions for emergencies, tenant abandonment, or tenant consent. Entry is allowed for repairs, inspections, or showing the property. Legal papers can be served at a courthouse in California. A motion to strike removes improper parts of a pleading, while a demurrer challenges the legal sufficiency of a pleading. Defendants can seek case dismissal through motions to dismiss, demurrers, or jurisdictional challenges. In California, defendants have 30 days from being served to file a motion to dismiss.

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Explain California Civil Code Section * outlines these rules where landlord can enter premises or property or both
Sure, here's a brief overview of California Civil Code Section *:
- Notice Requirement: Landlords must generally provide *-hour notice before entering.
- Exceptions: No notice is required in emergencies, tenant abandonment, or if the tenant consents to the entry.
- Purpose: Entry is allowed for repairs, inspections, or showing the property to prospective buyers/renters.
If you have a specific situation, feel free to share more details!
In California can you be served at courthouse?
Yes, in California, you can be served legal papers at a courthouse. This is often done by a process server or sheriff's deputy. It's important to consult with a legal professional if you have concerns about being served or the nature of the legal documents.
What is motion to Strike?
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A "motion to strike" is a request made to the court to remove specific parts of a pleading, such as allegations or defenses, that are considered insufficient, irrelevant, or improper. It helps streamline the issues to be addressed in the case.
If you have more questions or a specific scenario, feel free to share!
what is demurer
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A "demurrer" is a legal objection that challenges the legal sufficiency of the opposing party's pleading (such as a complaint or answer). In essence, it argues that even if the facts presented are true, they do not establish a legally valid claim or defense. If you have more questions about how it might apply to a specific situation, feel free to ask!
how can defendant get a case thrown out of court?
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To get a case dismissed, a defendant can take certain legal actions:
- File a Motion to Dismiss: Argue that the complaint is legally insufficient.
- Demurrer: Challenge the legal basis of the complaint.
- Lack of Jurisdiction: Assert the court has no authority over the case.
Is there a specific reason or situation you're concerned about that might lead to dismissal?
how long does defendant get to file motion to dissmiss?
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In California, a defendant typically has 30 days from the date they are served with the complaint to file a motion to dismiss. This time frame can vary depending on specific circumstances or court rules. Are you dealing with a specific case or situation?
In California how many days Plaintiff has to respond to opposition?
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In California, after an opposition to a motion is filed, the plaintiff typically has * court days to file a reply, if they choose to do so. This may vary based on court-specific rules or the type of motion, so it's always good to check with the court where the case is filed for precise timelines.
In California can separate statement include Introduction and legal standard section?
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In California, separate statements for motions such as summary judgment may include sections like Introduction and Legal Standard. These sections help provide context and clarify the legal framework under which the motion is being considered. It's important to follow local court rules regarding formatting and content.
What's a counterpart for request for admission following "A party responding to interrogatories is required to provide complete and straightforward answers. (Cal. Code Civ. Proc., § *.*, subd. (a).) Each answer must be “as complete and straightforward as the information reasonably available to the responding party permits.” (Cal. Code Civ. Proc., § *.*, subd. (a).) If an interrogatory cannot be answered completely, it shall be answered to the extent possible. (Id., subd. (b).) Evasive or incomplete answers are not permitted."
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In California, requests for admission are governed by Cal. Code Civ. Proc., § *.*:
- Responses must be complete and straightforward.
- Must admit, deny, or state why the responding party cannot admit or deny.
- Evasive responses are not allowed.
- If unable to admit or deny, the party must explain the reason.
What's a counterpart for request for production following "A party responding to interrogatories is required to provide complete and straightforward answers. (Cal. Code Civ. Proc., § *.*, subd. (a).) Each answer must be “as complete and straightforward as the information reasonably available to the responding party permits.” (Cal. Code Civ. Proc., § *.*, subd. (a).) If an interrogatory cannot be answered completely, it shall be answered to the extent possible. (Id., subd. (b).) Evasive or incomplete answers are not permitted."
Case Rating: *
In California, requests for production are governed by Cal. Code Civ. Proc., § *.*:
- Responses must be complete and straightforward.
- Must comply with the request or state objections.
- Evasive or incomplete responses are not permitted.
- If documents are not available, the party must explain the reason.
Is there a specific situation you're dealing with?
Does "if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. (Cal. Code Civ. Proc., § *.*.)" apply to Special interrogatories, request for admission and request for production?
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Yes, Cal. Code Civ. Proc., § *.* applies to special interrogatories, requests for admission, and requests for production. It sets the standard that discovery should pertain to matters admissible in evidence or reasonably lead to the discovery of admissible evidence.
Does this apply to requests for admission "The burden is on the responding party to justify its objections. (West Pico Furniture Co. v. Superior Court (*) * Cal.2d *, *.)"
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Yes, the principle from West Pico Furniture Co. v. Superior Court applies to requests for admission. The responding party must justify objections to any requests for admission, ensuring that objections are valid and well-grounded. If you have specific concerns or need more information, feel free to ask!
how many times demurer can be filed by defendant on a case?
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In California, a defendant can file a demurrer to each version of the complaint filed by the plaintiff. This means if the plaintiff amends the complaint, the defendant can file another demurrer to the amended complaint. Is there a specific scenario you're dealing with?
how many times defendant can file motion to dismiss?
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In California, a defendant can file a motion to dismiss with each iteration of the complaint. If a plaintiff amends their complaint, the defendant can file a new motion to dismiss. Each motion must be based on legal grounds relevant to the specific complaint version.