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Questions Answered by Gerald Barry Dorfman
2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: If a leasing contract expires in September, do the stated rules still apply in October?

We are renting out a house. We were planning on moving out soon. We made a security deposit of $3500 when we first moved in. The contract expires on the 30th of September. We asked the landlady to use our security deposit to pay rent for just a few weeks in October while the new place gets ready.... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 28, 2024

You may not use the security deposit for rent. The purpose of the security deposit is to protect the landlord from any damages to the property, and in case you are behind on rent. If you do not pay on time, you may be given a 3 day notice, after which an unlawful detainer (eviction) action may be... View More

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3 Answers | Asked in Estate Planning, Family Law, Business Law and Probate for California on
Q: Do i have a case? and enough proof?

My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 27, 2024

Your situation involves more than one area of law, including partnership, contract and probate. You can not solve such a complex situation by posting on an online forum. In fact, it is not in your interest to do so, as anyone, including your uncle and other interested parties, can see what you have... View More

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2 Answers | Asked in Probate for California on
Q: My attorney is not acting. What is wrong and should I let him go? Every contact is $1000+. I am going crazy...

I hired a law firm more than a half year ago to remove a long inacting executor / trustee. The firm assigned an attorney for me. Initially, everything was normal. However, on the day when we had tele-conference, I had a family emergency coming up. Because it was too late to cancel the appointment,... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 26, 2024

Most problems between clients and attorneys have to due with communication issues. You may be able to get back on track by taking the time to organize all your concerns, and then putting them in an email or letter. Be specific, including dates and your expectations. Request a written response, and... View More

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2 Answers | Asked in Real Estate Law for California on
Q: Seller did not disclose known defects

We have bought a house and the seller did not sisclose some of the major issues and defects with the house. I have emails and text messages documents proving the seller was aware of these items. Looking for a lawyer who can help out and get a percentage of the final settlement amount

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 6, 2024

You may have some difficulty finding representation on a contingency basis, unless the material failures to disclose are substantial. Does your sales contract have an attorney fees provision? If so, that may be to your advantage. Be prepared to show all your evidence, including any remediation... View More

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4 Answers | Asked in Estate Planning and Probate for California on
Q: My mother and her husband died, am I supposed to pay for the mortgage because I am the only one living at the house?

Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.

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

Speak with a probate/trust attorney. There are too many facts missing from your question for it to be answered accurately in this forum. For instance, how is title held to the house? Is it in a trust? It may be that the house has to go through probate; if so, it may be a while before it can be... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: Is it “illegal” for a landlord to continue taking rent payments without signing a new lease ???

We moved in July 2016- the lease was for 1yr -didn’t sign a new lease until September 2022.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 11, 2024

No, it is not illegal. First, your original 2016 lease very likely states that at the ens of the lease, if the tenancy continues, it will be month to month. Second, even if the lease did not say so, by paying monthly, and the landlord accepting the payments, a month to month tenancy was implied.

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2 Answers | Asked in Landlord - Tenant for California on
Q: Both my ex and me are on the lease, if I put my 30 day notice, am I still liable if he doesn’t move out?

Our lease ended years ago and right now we are month to month. I moved out a few months ago but my name is still on the lease. If I put my 30 day notice, but ex doesn’t either want to renew new contract or move out with my 30 day notice, am I still liable for what happens after the 30 days? (Owed... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 8, 2024

Assuming you are "on the lease" as co-tenants, then you have the right to terminate your co-tenancy on proper written notice under Civil Code Section 1946, and would normally have no liability for rent, etc. accruing after the termination date. See Schmitt v. Felix (1958) 157 Cal.App.2d... View More

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4 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Was my mother Medically neglected when discharged with troponin 973 and died same night with cardiac arrest

I took my mom (66 years) to hospital because she had palpitation and dizziness. She had heart disease and Parkinson's. After tests and EKG, nurse came and said that the doctor has discharged us. I and my mom refused to go home because my mother wasn't feeling good. The doctor came back... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 27, 2024

Sorry for your loss. For almost every medical malpractice lawsuit, an appropriate medical professional must offer an an opinion that the care given to the patient fell below the "standard of care". A major hurdle to a malpractice suit against an emergency physician is the requirement... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: My landlord put 1935 on a 3 day notice 2 months ago and is now trying to charge me the $100.rent is 2035

They admitted that it was a problem on their end but they won’t accept my rent this month unless I pay the 100 from 2 months ago.I already paid the 1935 and they already accepted it and cashed it but now they are hounding me for $100.The 3 day notice for this month says 2135 when it should only... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 20, 2024

You are obligated to pay the true rent you owe. The amount of your rent is determined by your agreement, not the 3 day notice. The mistake, on the prior notice, stating a lower amount does not relieve you of the obligation to pay. Because you still owe $100 from the prior month, the current 3... View More

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2 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for California on
Q: I received a letter from Californi DMV that my residence address was released to law firm pursuant?

I received a letter from California DMV that my residence address was released to law firm pursuant to vehicle code section 1808.22. Then i received a letter from the same law firm stating my vehicle has a recall and it should have not been sold to me. Basically, the letter is asking me to contact... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 15, 2024

An attorney would need to read the letter to specifically advise you. Based on the limited information you have provided, it appears the law firm may be engaged in "solicitation" prohibited by the rules of professional conduct in California. It can be a rules violation if they are... View More

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3 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for California on
Q: I was injured by a drunk driver who subsequently plead guilty to felony dui with injury & having .16 blood alcohol.

The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 13, 2024

So sorry to hear of what you have been going through. There may be some measure of further justice you can obtain, but the situation is much too complicated to be solved in a question and answer forum such as this. It is unlikely you can have the sentence increased, but it is surprising that... View More

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2 Answers | Asked in Appeals / Appellate Law and Libel & Slander for California on
Q: Is it possible to appeal an appeal in the State of California?

I received a 2 year restraining order and the defendant has served me with an appeal. In the 48 page appeal, there are many points that aren't factual. Is it possible to appeal the appeal? In other words, is there a way for me to speak on what his lawyer is wrongfully stating before the appeal... View More

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

You need to file a Respondent's Brief as part of the appeal (not appeal the appeal). You may also need to "supplement the record". There are time limits to do these things. Find an appellate attorney. Because this is a restraining order, you may be entitled to recover the attorney... View More

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3 Answers | Asked in Estate Planning for California on
Q: How much can I expect to pay for my estate planning??
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Oct 9, 2023

Estate planning can mean many different things, and the answer depends on what specifically you need or want for your situation. For example, if all you need is a simple will, the cost will be minimal. if, on the other hand, you are looking for a complex trust with multiple assets which need to... View More

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2 Answers | Asked in Contracts and Small Claims for California on
Q: I signed a contract in Washington, but moved to California. The contract violates CA state law. Is it still enforceable?

The contract in question is for an in-person dating service, which does not exist anywhere near where I now live in California. The company acknowledges that I cannot make use of their service, but they are refusing to let me cancel and demanding that I pay the full amount. California civil code... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 30, 2023

Without more facts, there is no reason to even assume a California court would have jurisdiction over the company or this issue. Even if it did, there is no reason for California law to be applied to a contract made in Washington with a (at the time) Washington resident. All that being said, to... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for California on
Q: Well I've been through probate and the judge ruled Sept 6 2023 but my sibling do not want to sale or pay rent buy me out

And she's been staying in the house for about a year rent free need help

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 27, 2023

I see you are in Las Vegas. If you meant to post in the Nevada law section, try again. This information only applies to property in California. There is a simple solution, although it does take some time. You can bring a lawsuit, called a "partition action", where the court will order... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: My landlord sits on the property during the weekdays to monitor and harass tenants

He comes without appointment and demands I get off phone to talk to him

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

If your landlord is entering the property you rent, he must comply with the requirements of Civil code section 1954. That section specifies the purposes for which a landlord may enter the property and the written notice requirements that must be met. Whether in compliance with that section or... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: We are the owners of a residential apartment building in San Mateo County and a tenant has told us verbally they have a

mold issue. I have sent them a few text messages trying to schedule an inspection but they will not respond. Is sending them a certified letter stating I need to do an inspection the next best step?

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

No. You need to follow the "Notice of Entry" procedures found in California Civil Code section 1954. With a matter of this importance, you really should consult with a landlord tenant attorney and have them give you the form of the notice and instructions on how to serve the notice.... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Do I have a malpractice case?

Plaquenil damaged my retinas and my rheumatologist was supposed to warn me about these side effects and he did not give me any warnings I was supposed to get regular eye exam by a ophthalmologist. Now I’m losing my sight from this drug. It was the ophthalmologist that told me to stop taking this... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 8, 2023

You may indeed have a malpractice case. The time limits to bring such a case are shorter than for regular personal injury cases. Start contacting medical malpractice attorneys now. Almost all offer free case evaluations. It would be helpful for you to have all your related medical records... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: In California are you responsible for replacing carpet that is 20+ years old in a home you only lived in for 8 years?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 8, 2023

A tenant is not responsible for reasonable wear and tear. A tenant is responsible for damages they caused. Generally, 20+ year old carpet would be worn enough for most landlords to replace, but there could be exceptions.

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2 Answers | Asked in Landlord - Tenant for California on
Q: If we paid our rental couple days in advance. I paid with cash. Two days later they fired the manager and someone else

Else took over. They said we haven't paid our rent. We show him receipts and he still says he didn't get it so we owe it. Is that legal and if not what penal code supports it

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 8, 2023

If you paid the rent to the owner's agent, it is now the owner's problem if the agent stole it. Unfortunately, if you get a 3 day notice, you will have to get prepared to fight an eviction. You should probably try to find a tenant's attorney now, because eviction proceedings move... View More

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