Phone company records are difficult to obtain.  I say difficult, not impossible.  Even with a validly issued civil subpoena, the phone company will not comply without a notarized written consent from the consumer who “owns” the phone number.  You need a signed and notarized form such as this: Sprint Consent to Release Information

Pub. Util.

In an unpublished opinion, Milder v. Holley, B267974 (2/5 1/31/17) the Court of Appeal on a gateway issue, found that a judge decides if there was fraud in the inducement to enter into an arbitration agreement in California.  ( Citing Johnson v. Siegel (2000) 84 Cal.App.4th 1087, 1095.)  This is separate from fraudulent inducement to enter into the contract which happens to contain an arbitration clause.  The latter is to be decided by the arbitrator. (Citing Ericksen, Arbuthnot, McCarthy, Kearney & Walsh Inc. v. 100 Oak Street, (1983) 35 Cal.3d 312, 323.)  Read more …
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Code of Civil Procedure 1856(g) provides that parol (verbal) evidence to explain the circumstances under which the agreement, to which it relates,  explain an extrinsic ambiguity or otherwise interpret the terms of the agreement, or to establish illegality or fraud.    Further, parol evidence is admissible even if the contract itself is clear or not in

The statutes  differentiate between calendar, business and court days.  Sometimes a due date is longer or shorter than you may think.  Here are two links to help:

The Los Angeles Superior Court “official” Date Calculator:

http://www.lacourt.org/courtdatecalculator/ui/

And here is one that does business, court and calendar days:

Filing Date and Deadline Calculator

 

The general “extension rule” of CCP 12a which does apply to 3 Day Notices, does NOT apply to exercise of lease options.  In a commercial lease,  the civil procedure rule extending period to perform any lawfully required act past holidays, including Saturday, to next non-holiday did not apply to lease between commercial tenants and landlords, so the tenants’ attempt to exercise lease option was untimely, although last day to exercise option fell on Saturday and tenants attempted to exercise option the following Monday.
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In an unpublished case, Durack v. Wang, B276086,  on September 27, 2017 the Court stated that Civil Code 1717 does NOT apply in an action based upon CC&R’s so attorney’s fees can be awarded against a party who voluntarily dismissed an action!  In this case Plaintiffs  brought an action against their condominium homeowners association and several individual defendants and settled as to all defendants but one, then voluntarily dismissed their action against the hold-out defendant.  
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