Unlawful Detainers FAQ 

Our firm often receives questions related to eviction actions, also known as unlawful detainers. Here are some of the most common:  1) My tenant is not paying, can I toss their stuff on the curb and change the locks?  Landlords are not allowed to engage in “self-help” techniques. Self help is any method of evicting […]

What Court Should I Use?

When you have been wronged by another person, you may want to file a lawsuit against them. It is typically more efficient to try to work things out with them pre-litigation (in other words, before you reach the point of filing a lawsuit). But if resolution attempts have failed, then you have several options as […]

Mechanic’s Liens

Question: I received a mechanic’s lien that a sub-contractor filed against my property. But I don’t have any contract with the subcontractor. I contracted with a general contractor, and I have already paid them the amount due under the contract. Can I ignore this mechanic’s lien? Or get it removed? Answer: A subcontractor who performs […]

Who Is Responsible For Fence Repair Between Neighbors?

Disputes over fence repairs are one of the most common issues between neighboring property owners. A fence may appear simple, but questions about ownership, maintenance, and liability can quickly become complicated when damage occurs. Whether the issue involves normal wear and tear, storm damage, or a neighbor’s trees pushing against the structure, understanding who is […]

Stolen Property Liability

Question: I bought a truck that turned out to be stolen. Do I have to return it? Answer:  Typically, conversion is a strict liability tort. Meaning if you possess stolen goods, then you are just as liable in civil court for conversion as though you were the person who stole the goods in the first […]

Contractor Work

Question: I’ve been working for months to make a deal with a contractor. I think we have agreed to terms. He said he would send over an agreement to sign, but he has not done so yet. I want to get started on the project. Is it OK if we start the work? Do we […]

Who pays my attorney fees?

Question: If I file a lawsuit and I win the other side will pay my attorneys’ fees, right? How do I get my fees back? Answer: In the US, we follow what is known as the “American Rule.” Almost across the board, the presumption is that each party to a lawsuit will pay its own […]

Storm Damage Liability

Question: After a big storm, my neighbor’s tree fell on my house. Who has to pay for it? Can I sue them in small claims court? Answer: Typically, a homeowner is responsible to file a claim with their own homeowner’s insurance policy when their property has been damaged. Even if it was your neighbor’s tree, […]

Natural Disaster

Question: Weather destroyed the house I am renting, and it is not livable. Does my landlord need to fix the house? Do they have to pay my hotel bills while the repair is happening? Answer: The answer to this question will be governed by state law, County-specific law, and your lease. In general, in California, […]

Late Payment Fees

Question: My contract says that I will be charged $15 per day for each day my payment is late. Is that allowed? Can I refuse to pay that late fee? Answer: The law permits a contracting party to assess liquidated damages in the event actual damages would be impracticable or extremely difficult to assess. Meaning, […]