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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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... View More

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5 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: being sued from auto accident and they are making false claim what to do ?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 25, 2024

Turn it over to your insurance company immediately. If you don't have insurance, hire an attorney promptly.

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3 Answers | Asked in Civil Litigation for California on
Q: If I'm given power of attorney by some one can I use that to defend him in court

This is in. Ca lifornia

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 19, 2024

No. You are not allowed to practice law just because someone names you in a POA.

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2 Answers | Asked in Estate Planning for California on
Q: I am sole beneficiary/trustee of my feathers will/trust in California. His 82 year old girlfriend of three years

who is not mentioned in the docs, wants to challenge the trust under claims that my dad promised that she’d be taken care of financially after his death. They lived together for three years, but there’s no documentation to support her claim. All assets are now in my family trust

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 4, 2024

She will have to initiate the legal action, but you should retain counsel now, in order to obtain advice as to what steps to take to prepare for court. With the very little information provided, it does appear that she would not prevail, but that does not mean you should take the threat lightly.

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3 Answers | Asked in Civil Litigation for California on
Q: Can I sue a family friend for a personal loan not being repaid? There was a contract and repayment plan for $100,000
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 8, 2023

There are a lot of facts missing from your description, and the terms of the contract are not stated, but in general, yes, when someone fails to repay a loan, a lawsuit is possible.

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3 Answers | Asked in Probate for California on
Q: If my parents property is protected by prop 13 and the value is 167000.00 can I use that to go thru a quick probate

Or do I have to use the current value

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Oct 6, 2023

The market value on the date of death is the value used for probate purposes.

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2 Answers | Asked in Consumer Law and Business Law for California on
Q: In Califonria can a company you have an account with take your monthy payment on Auto pay? I did not want auto pay.

We have an account with Xifinity/Comcast. One of the accounts is Internet/Tv service and we pay the monthly bill without it being on auto pay. We have a mobile account and I asked them to take us off auto pay and they refused. I asked them many many times and they still refused.

What is... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 22, 2023

Yes. Xfinity mobile only uses autopay. It is in the terms of service. You agreed to it. You can use a different mobile phone company if you want.

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2 Answers | Asked in Elder Law and Probate for California on
Q: Hello, my grandma has recently passed away. She has a will from years ago she and her late husband had stating the

…house and assets would be left to his step daughter. A few years ago she had gone into the bank to place me as her beneficiary for the account. Would they still honor the will or does me being beneficiary of the bank account override that?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 11, 2023

The bank account designation puts the account outside the probate estate. That means it goes to you, not in accordance with the will.

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3 Answers | Asked in Estate Planning for California on
Q: I need small estate planning help

Mortgage paid and small savings to go to son. Easiest and least costly way for him to inherited. Please advise. Thank you

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Aug 3, 2023

You really need to invest in an estate planning consultation. You don't necessarily need, for example, a trust, but you do need to understand the risks and benefits of the various options.

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1 Answer | Asked in Real Estate Law for California on
Q: Regarding a Grant Deed for california, If i have the Grant deed in my hand, do i have any a Authority over the property

title theft has been or is being attempted on this property. the owner put the deed in my care.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 31, 2023

Simply being in possession of a recorded grant deed does not give you any authority over the property. If, for some reason, the owner wants you to be able to handle matters in regard to their property, they should look into granting you a power of attorney.

2 Answers | Asked in Contracts, Real Estate Law and Civil Litigation for California on
Q: We bought a home and asked if someone died they said natural causes But they lied and it was a murder .can we sue them

The sellers & agent both lied to us and our agent.

We asked 3x our agent and he said In writing they put natural causes.but the sellers agent even told our neighbors not to mention anything even that it came out in the news. We felt we overpayed for the property due to lack of knowledge... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 22, 2023

Yes, it sounds like you have a good case. They were required to truthfully disclose this material fact. Start consulting with real estate litigation attorneys. Be sure to have all your documentation available regarding the transaction and the misrepresentation.

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2 Answers | Asked in Elder Law, Family Law and Health Care Law for California on
Q: I need assistance regarding my elderly father who still lives in his residence but is not being properly cared for.

Possible Elder abuse by his spouse. I am out of state, unable to communicate with him privately as she has control over his cell phone. My sister and I are gravely concerned regarding his bed sores and his weight loss. Health care worker in home has recommended he be taken to the ER and his... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 6, 2023

You can report your concerns to Adult Protective services in the county in which your father resides. They will investigate. See: https://www.cdss.ca.gov/inforesources/adult-protective-services

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