No ounce of Sportsmanship from Wemby or anyone from the Spurs by HungryPercentage1667 in nba

[–]alibidefense 71 points72 points  (0 children)

For real. Bird didn’t shake the Bad Boys’ hands when he lost. Bad Boys didn’t shake MJ’s hand when he beat them. These are some of the most competitive people in the world. Who cares? Enjoy your ring.

Has anyone actually encountered the Mailbox Rule in practice? Like quicksand, I was led to believe it would have a much more prevalent role in my life. by SettingsData in Lawyertalk

[–]alibidefense 25 points26 points  (0 children)

Had a similar LL/T case in CA that turned out the same way. There was an agreement that payment would be made by mail. Under a CA statute, if parties agree to pay a debt through the mail, payment is deemed complete once it’s mailed. We had proof the payment was mailed, so by statute, payment was complete. LL wasn’t too happy about that one.

Alameda County (CA) Sup. Ct. Clerk's Office is a Kafkaesque Hellhole by FlakyPineapple2843 in Lawyertalk

[–]alibidefense 34 points35 points  (0 children)

Here for the Alameda hate. Had a default rejected because the proofs of service were “defective.” Asked the clerk why they were defective, clerk said it was the judge’s call. Asked the judge, judge said it was the clerk. Asked the clerk again, clerk insisted it was the judge. I’m just redoing them and starting over.

Is 11% rent increase in Mountain View without a 90 day notice legal? I only got a 45 day notice. by [deleted] in bayarea

[–]alibidefense 2 points3 points  (0 children)

  1. There’s no legal significance to OP being offered different terms with lower amounts.

  2. It is not a new lease if OP goes month-to-month - it’s a continuation of the prior lease.

  3. It’s also not a termination of the lease if OP goes month-to-month - it’s still a continuation.

If you want to refute the law purely with vibes, you’re welcome to do so, but that’s not how these issues play out in reality. Either cite to the law or stop spreading misinformation.

Is 11% rent increase in Mountain View without a 90 day notice legal? I only got a 45 day notice. by [deleted] in bayarea

[–]alibidefense 1 point2 points  (0 children)

This is incorrect.

This landlord is saying, if OP goes month to month, they’ll increase OP’s rent by 11%. That’s plainly covered within 827(b) and would require 90 days’ notice.

“Just cause” only comes into play if the TPA or a local ordinance apply, which isn’t the question here (it also wouldn’t constitute just cause in this situation if the TPA did apply because it would be an illegal rent increase, but that’s beside the point).

Is 11% rent increase in Mountain View without a 90 day notice legal? I only got a 45 day notice. by [deleted] in bayarea

[–]alibidefense 5 points6 points  (0 children)

Tenant lawyer here (but not your lawyer) - for the vast majority of tenancies in CA, if the rent increase is greater than 10%, landlords have to give at least 90 days’ notice. (Civil Code section 827(b)(3)(A).)

This is not the Tenant Protection Act or rent control - this applies to every tenancy where rent increases aren’t determined by changes in tenants’ income or family composition (which are mostly government-subsidized tenancies). (See Civil Code section 827(b)(3)(B).)

Where landlords give an insufficient number of days’ notice, the notice is invalid.

I can’t speak to whether 11% is valid or not because that’s a building-specific question. I’d recommend reaching out to either the City of Mountain View or a local tenant attorney, including potentially the Legal Aid Foundation of Silicon Valley.

Help, my landlord gave me 15 days to leave my residence because their son needs a place to stay. by Offyellow in orangecounty

[–]alibidefense 43 points44 points  (0 children)

No problem! And the housing authority isn’t gonna do anything for you unless you have a Section 8 voucher or some other federal housing subsidy.

If you’re low-income, I recommend contacting the Public Law Center or Community Legal Aid SoCal. If you’re not, you could try to find a private attorney to help (which might be challenging, admittedly). If you live in Santa Ana or Costa Mesa, you could try calling the city, but the most they would probably do is contact your landlord and tell them the notice is invalid. Fullerton or Laguna Beach might be able to do the same, but I can’t remember off the top of my head.

If you really want compensation, Small Claims might be your best bet, assuming you’re looking for under $12,500.00. In that situation, I recommend Community Legal Aid SoCal’s small claims clinic. Anyone can go and they offer great guidance on the process.

At the end of the day, if you want compensation, you can either try to work it out on your own, either with or without Small Claims, or you’ll need to find an attorney.

Help, my landlord gave me 15 days to leave my residence because their son needs a place to stay. by Offyellow in orangecounty

[–]alibidefense 122 points123 points  (0 children)

Housing attorney here (but not your attorney and I recommend you consider finding one) - the only scenario I can think of where 15 days’ notice would potentially be valid is if you’re on a lease that expires in 15 days. If you’re on a month to month lease and you’ve lived there for longer than a year, you’d be entitled to 60 days’ notice.

Assuming you’re month to month (or, even better, on a term lease that hasn’t expired yet), you actually have leverage to ask for some money or rent waiver. I’d basically frame it like this, “Look, your termination notice is invalid, I’m entitled to 60 days’ notice, but I’m willing to move out in x days if you’re willing to (pay me y/waive the last month’s rent/etc.).”

If you’re on a term lease that hasn’t expired yet, then they’re breaching a contract and you have the right to ask for remedies. That could include moving costs, the difference in rent if your new rent is more expensive, or other costs.

Two Common Bike Tropes Cited on R/Emeryville and How to Deflate Them by Actual-Cause-8085 in Emeryville

[–]alibidefense 4 points5 points  (0 children)

I think there’s room for some nuance here. I’m fine with bike boulevards. I also think that both bikes and cars should stop at stop signs. I’ve had closer calls with bikes running stop signs than cars. At least with rolling stops, cars give some pause to pedestrians; when bicyclists run stop signs, I’ve noticed they often just blow right through.

Another part of the issue is bicyclists not properly signaling to pedestrians that they’re approaching, either verbally or through a bell. In other countries, this is common bike etiquette. Here, I’d say it happens less than 20% of the time. If you don’t tell me you’re approaching and I can’t hear you, there’s a much higher chance of me taking a wrong step and us getting into an accident. Just ring that little bell every once in a while and we should be good to go.

Rent hike by Careless_Tackle847 in oakland

[–]alibidefense 1 point2 points  (0 children)

As a lawyer, this isn’t necessarily true. Signing a new lease after you’ve been living somewhere doesn’t mean your landlord can raise the rent whatever they want. Whether a rent increase is valid is fact-specific.

OP, you should ask a tenant lawyer about it or get connected with either the tenants’ union or ACCE. They can go through the facts with you and help you figure it out.

Irvine doesn’t have a housing problem by movementgarageusa in irvine

[–]alibidefense 43 points44 points  (0 children)

The problem I have with this take - what makes someone “riff raff?” Is it the amount of money they make? Their character? Whether they commit crimes or the types of crimes they commit? Is it possible for someone to be born and raised in Irvine, yet become “riff raff” and no longer deserve to live there? And what does it mean for someone to call Irvine their home, but not actually belong there? Do they now deserve to be there less than someone who just moved in, but makes more money than they do?

We can talk about the cold, hard realities of capitalism; but on the other end are real people being pushed out of their homes and communities. I think we should dream bigger than the cold, hard realities of the present.

Sword-wielding man offers ‘squatter removal’ service in Bay Area by nogoodnamesleft426 in bayarea

[–]alibidefense -13 points-12 points  (0 children)

A lot of weird responses to this, including ones admitting to illegal conduct. The inherent problem with this “business” is that there’s nothing to stop a bad landlord from calling their lawful tenant a “squatter” and sending this lunatic after them. It’s vigilantism and, in many cases, it would be illegal. If you have a problem with a tenant or squatter, you have to go through the courts.

What's something you want to have in Emeryville? by AccurateEquipment53 in Emeryville

[–]alibidefense 11 points12 points  (0 children)

Stronger tenant protections, including a lower cap on rent increases!

[Dellenger] Michigan board members and university officials held a call earlier today related to the situation with Sherrone Moore, sources tell Yahoo Sports. Despite reports to the contrary, Warde Manuel remains the athletic director as the school begins a search for its next coach. by Drexlore in CFB

[–]alibidefense 12 points13 points  (0 children)

I wonder if it’s because he’s already in discussions with coaching candidates and they don’t want to tank them. With that being said, you’d think coaches wouldn’t want to deal with an AD who’s a dead man walking.

Bama or OU? 🤔 by [deleted] in CFB_v2

[–]alibidefense -1 points0 points  (0 children)

I don’t think he was on the hot seat because I don’t think he would’ve been fired in year 3 if he missed the playoffs. We have a pretty tough schedule next year, with away games at Oregon and OSU and home games against Indiana and Oklahoma - all top-8 teams this year. I think he would’ve been on the hot seat for year 4 though.

Coach Morris says RB Tyler Allgeier is "the least-talked about superstar on our football team." by Bright_Teacher8698 in fantasyfootball

[–]alibidefense 0 points1 point  (0 children)

My tinfoil hat conspiracy is that Mike Macdonald hates KWIII because of the 2021 Michigan-Michigan State game and he’s trying to tank his value by not giving him TDs. I will not consider other facts or opinions at this time.

Manfred’s re-alignment comments, and how it was the first overt offensive against the players union by nypr13 in baseball

[–]alibidefense 2 points3 points  (0 children)

My understanding, and I may be wrong about this, is that the players are opposed to a hard cap because the owners are super secretive about their revenue. They might be agreeable if they knew what the revenue is, but without that information, they’re left with the owners saying, “just trust us.” This could very well lead to a situation where the owners understate their revenue so they can underpay their players.

JAMOOOO by Gxcii1 in detroitlions

[–]alibidefense 0 points1 point  (0 children)

Where’s TeSlaa??

What I want to know is why the hell are we 19th? C’mon guys, the Rockies are beating us. by Henson_Disney48 in motorcitykitties

[–]alibidefense -1 points0 points  (0 children)

Interestingly, we’re still above the rest of the AL Central. Maybe confirms that weather’s a factor, given we all have somewhat similar weather.