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Questions Answered by Gerald Barry Dorfman
4 Answers | Asked in Landlord - Tenant for California on
Q: Can a landlord in California do annual inspections on a rental apartment?

I’ve lived here 10 years and they are new property owners. I never had annual inspections before

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 26, 2023

Civil Code section 1954 covers the landlord's right to enter a dwelling unit. It does NOT provide for general "inspections". Any provision in a lease or rental agreement purporting to have a tenant waive their rights under section 1954 is void [Civil Code section 1953(a)]. You should... Read more »

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3 Answers | Asked in Civil Litigation and Personal Injury for California on
Q: Any recourse for a tree trimmer that entered my yard, cut a tree, scared my wife, left gate open while rushing away?

My neighbor hired a tree trimmer to cut down a tree in their yard. Tree trimmers walked around to our side gate, opened our gate, entered our yard, cut down one of our palm trees 20 feet away from the fence line, inside of our yard, left the tree laying in our backyard, broke a sprinkler when it... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 16, 2023

You may be able to recover up to three times the value of the tree plus attorney fees, and property damage for the sprinkler and fence, as well as damages for trespass. You are more likely to be satisfied with the result if you have a knowledgeable and aggressive attorney representing you. Start... Read more »

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3 Answers | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for California on
Q: Can a landlord evict us over animals that're in the process of being emotional support animals but aren't registered yet

My wife was almost killed by a police K9 a year and a half ago while working for the sheriff's office. Her psychologist was suggesting she get some cats as a support animal because my wife is an animal lover, but now has a rightful fear and mistrust of dogs. Our apartment doesn't allow... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 12, 2023

You are in a difficult position. First, your lease is a contract. There did not have to be a specific discussion at the signing about pets if the lease says they are not allowed. Again, regarding that you "figured" small pets were fine: if the lease says no, you don't get to make... Read more »

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3 Answers | Asked in Consumer Law for California on
Q: A bill collector is pursuing a car loan I defaulted on twenty years ago. Is this passed the statute of limitations in CA
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 11, 2023

The short answer is yes. The statute of limitations relates to when a legal action must be brought. However, if a judgment was obtained against you, it lasted ten years, and may have been renewed for another ten. There are also exceptions to the statute of limitations, such as time you were... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: My husband inherited half his mother's home with his brother and right now brothers inlaws are paying to live there..

However my husband doesn't have a will. They are joint tenants in common on the deed. I worry if he dies before getting a will my brother in law will take the house. My husband wants me or our kids to have his half in case he dies, but he is slow at getting legal stuff done. I worry he might... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 20, 2023

You state they are "joint tenants in common". There is no such thing. They are either "joint tenants" or "tenants in common". If they are "Joint tenants", then which ever outlives the other will get the entire property. Having a will would not change this... Read more »

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Business Law for California on
Q: I sold my restaurant in 2013 and got a letter to pay unpaid rent as current owner hasn’t paid rent

Hi,

I used to own a restaurant and sold it almost 10 years ago in 2013. The lease they were on expired over 5 years ago. I got a notice in the mail about notice of belief of abandonment for unpaid rent since November. The place has been sold twice since I sold it how am I responsible if... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 17, 2023

Your legal position will depend on such factors as whether you were ever released from the lease, how the extension was accomplished (option, automatic?) and other facts specific to your situation. Do not speak with the firm until after you have had a consultation and document review with counsel,... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: California Association of Realtors Pet Addendum liability insurance

My Landlord is a very nice lady but she wants me to sign a California Association of Realtors Pet Addendum where I would have to cover any damages made by my dog. My worry is that every little scratch on the wood floors or issue will be blamed on my pet and I will be liable for thousands or tens of... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 24, 2022

Assuming this is a new tenancy, you should document the condition of the place when you first take possession. Photos, video and a written inspection signed by landlord and tenant all are helpful. Do the same when the tenancy ends. Whether you sign the addendum or not, you are responsible for... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I'm a tenant and landlord put property up for sale, do I have to show property if lease is not over?

Hello I currently have a lease through a property management my landlord placed house for sale as soon as we had signed a contract extension. with that being said em I obligated to show the property if I'm still under contract?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 13, 2022

Yes, but there are limits, as well as requirements for proper notice. Read carefully California Civil Code section 1954, especially (d)(2). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1954&lawCode=CIV

4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: My friend was hit by a car by fully covered in motorist insured yet she only got 6,000 why is this

Her inuries included two compound fracture both legs and crced pelvis a brief amwas in hospital two week than in a long term care facility.....yet she only offered 6. Thousand.. ..why so little.others I know we're getting much much more

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 17, 2022

Every case is different, but it sounds like your friend is 1. not represented by a lawyer and 2. is still negotiating. She needs a lawyer to get her the best money recovery. It's really that simple. Insurance companies will take advantage of people who do not have lawyers. They make more... Read more »

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1 Answer | Asked in Probate for California on
Q: need to put my name on a deed of an inherited house california

I have a will and death certificate. how do I put my name on the deed? There is a loan, the bank said to put my name on the deed before I can take over the loan thank you

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 17, 2022

In order for you to get title in your name, the property will have to be probated. There are some exceptions to probate, but nothing in your question mentions any facts which suggest they apply in this situation. You need to contact a probate attorney now, as the process is not quick and you also... Read more »

1 Answer | Asked in Civil Litigation and Collections for California on
Q: I won a judgment in small claims court several years ago but the other party will not pay

I have sent several letters and called many times and the other party, which is a tow truck company, still has not paid. They were served properly by a sheriff's deputy but they failed to appear on our court date, so the judge awarded me the judgment which seems impossible to collect. How do I... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 22, 2022

The good news is that your judgement keeps earning interest while it remains uncollected. The bad news is that collection is up to you, and is not a subject which can be easily answered in a simple question and answer forum. There are attorneys who specialize in collections, and typically charge... Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: My brother passed away on Sunday. He left a handwritten, holographic will that was signed and dated.

He was also a lawyer so I’m not to worried about the validity of his will. My mother is making it seem that because she is next of kin that everything goes through her. But he wanted her to have nothing. It says it in the will. An executor was named. He left everything to me and my brother. My... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 15, 2022

Sorry for your loss. Your question is posted in the California law section, and this answer only applies in California. Whoever has the will must "lodge" it with the Superior Court in the county where your brother was a resident at the time of his death. Consult with a probate... Read more »

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2 Answers | Asked in Landlord - Tenant for California on
Q: How do I complain if a property manager violates this code for over ten years?

I live in a six-unit apartment building, and the property manager believes it needs no residential manager and no sign. My question is, which housing authority or code enforcement agency actually enforces compliance with Cal. Code Regs. Tit. 25, § 42

Note: Authority cited: Sections... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 15, 2023

A resident property manager is required for 16 units, not 6.

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Car accident. Other parties were at fault. But there insurance won’t pay for damages to my vehicle what do I do next

I have video proof, and yet they there not liable for damages

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 13, 2023

Next is you sue the driver and owner of the vehicle (and possibly others like employer of driver). If the damages are $10,000 or less, small claims court is available. http://limitedscopecounsel.com/small-claims/ and check your county court's website.

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2 Answers | Asked in Landlord - Tenant for California on
Q: property attorney he has a triple responsibilities as to owner, staff, and tenants correct.Meaning he is responsible

duty to all three . like the captain of the ship he doesn't own it but it's his job to make sure it's running in perfect conditions for the owners to enjoy the staff good working conditions and the tenate' has good living conditions .

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Apr 14, 2023

That is not correct. You are describing a classic conflict of interest. An attorney's duty is to advise and protect the client. Only one of those three is the client.

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4 Answers | Asked in Estate Planning, Tax Law and Probate for California on
Q: Alameda County - CA My partner of 26 years passed away without a will.

He has 4 surviving siblings, but he had expressed his wish for his youngest brother to keep the house so that his niece and nephew can grow up there. The siblings won't pursue any claim to the house, but there is a mortgage balance which the brother is willing to continue paying on.... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 21, 2023

Sorry for your loss. Assuming the house was titled in his name only, it should go through probate. The siblings can formally "disclaim" their shares. The brother can continue to live there and pay the existing mortgage.

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2 Answers | Asked in Landlord - Tenant for California on
Q: What does the motion to strike complaint, without leave to amend mean, in a case of Unlawful detainer/eviction process
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 1, 2023

It means the defendant is asking the court to throw out the lawsuit, based on some problem or defect which can not be corrected. If the motion is successful the defendant wins the case.

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2 Answers | Asked in Civil Litigation and Insurance Bad Faith for California on
Q: CAN A RENTAL CAR COMPANY LEGALLY SUE YOU AFTER THEIR CLAIM WAS DENIED BY YOUR INSURANCE COMPANY

THE INSURANCE COMPANY DENIED THEIR CLAIM DUE TO THEIR INABILITY TO MEET THEIR DOCUMENTATION AND TIME RESTRICTIONS.

THEIR CLAIMS WERE LIES CLAIMING THEY SPENT 12,000.00 + TO REPAIR THE CAR WHEN IN FACT THEY SOLD THE CAR AT AUCTION 2 MONTHS LATER FOR $18,000.00+ AS IS WITH NO REPAIRS DONE.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 18, 2023

Yes, they can sue you. If they do, turn it over to your insurance company right away. They will provide a defense (including appointing an attorney) for you.

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1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: What law can I research to defend against a false State Bar of CA accusation of UPL assisting an ADA Plaintiff for free?

An IFP, mentally incompetent plaintiff ADA case was filed in federal court. The 9th Circuit reversed and remanded for me to be appointed Guardian ad litem and the case is moving forward. The State Bar's policy prevents due process and equal protection for those requiring ADA assistance to... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Apr 17, 2022

A Guardian ad Litem can not act "in pro Per", but must be represented by counsel. This policy is not something invented by the State Bar. See, for example, the admonition contained in form MC-050, regarding substitutions of attorney. ("NOTICE TO PARTIES APPLYING TO REPRESENT... Read more »

3 Answers | Asked in Car Accidents and Small Claims for California on
Q: Hello good afternoon, i had question regarding porperty damage as a result of a automobile accident.

On may of 2019, i was struck by a dodge challenger who failed to stop at a stop sign in a 2way intersection. Driver fled on foot and my insurance had to foot the bill for my vehicle. I was traveling northbound in my infiniti when i was hit on my front right passenger door which made my vehicle... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 22, 2022

You need to turn the papers over to your insurance company immediately. You, as an individual, are the correct party to be sued, but your insurance is there to protect you. Because you have been served court papers, you must act right away.

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