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Questions Answered by Gerald Barry Dorfman
2 Answers | Asked in Gov & Administrative Law and Civil Litigation for California on
Q: Can complainant be charged for county staff fees after junkyard compliance?

I received an order to comply regarding junkyard conditions and cleaned up as required. Despite complying with the order, the county charged me staff fees for time spent on the case. In previous instances last year, when similar complaints were made, we cleaned up, and no fees or fines were... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Apr 11, 2025

You are getting billed for staff fees because you are a repeat offender. The claimant/reporter is not at fault, because the county found their complaint was justified, and issued an order to you to comply. The inspections are not harassment so long as actual violations are found and for a... View More

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2 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for California on
Q: Can my landlord charge a lockout fee not in the lease in Los Angeles?

I am a tenant in Los Angeles, and my landlord has posted signs around the building that lockout fees will be charged, even if a locksmith is not needed. This fee was not mentioned in the lease agreement when I signed it. Is it legal for my landlord to impose such a fee?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 28, 2025

If a landlord wants to change a lease term, written notice is required in most cases. However, as you state, nothing is stated in the lease regarding such a charge. Since a landlord is not required to let a tenant in, there is nothing keeping them from charging for such a service. If you get locked... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Options for addressing medical malpractice after biopsy complications

After a kidney biopsy, my [relation] became critical because a vessel was clipped while the needle was withdrawn, causing bleeding and clotting. The medical staff admitted this error. Since the procedure, his health has deteriorated significantly, with constant infections, numerous blood... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 24, 2025

For a medical malpractice action to be successful, it must be shown that the conduct of the medical practitioner fell below the applicable "standard of care". Almost always, that requires the opinion of an expert. What you describe as an admission of an error may have only been a... View More

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2 Answers | Asked in Contracts, Civil Litigation and Consumer Law for California on
Q: Is this a failure of consideration for an auction motorcycle?

I purchased a collector motorcycle through an online auction where the auctioneer, based in California, provided documentation stating it was an original model, according to factory records. Despite the Terms and Conditions stating that any legal action must occur in California, I argue that... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 22, 2025

Sorry to hear of your unfortunate experience. "Failure of consideration" would not be a viable theory. The damages related to the alleged fraud and failure to maintain the bond would be recoverable in your legal action. It would likely be worth your while to have the contract terms... View More

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3 Answers | Asked in Estate Planning for California on
Q: How can I change my will to prevent current heirs from inheriting my property?

I am a 94-year-old single woman with a home valued at $450,000. I previously had a will but cannot find it. In the past, I expressed in writing that I wanted the house to go to my daughter and a granddaughter. Now, I want to change my decision and ensure none of my grandchildren or my daughter... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 17, 2025

You can make a new will, revoking any and all previous wills. That is the quickest and easiest way to make your wishes known. You should also consider a consultation with an estate planning attorney to see if another vehicle, such as a trust, might be advantageous. You can also make an advance... View More

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3 Answers | Asked in Contracts, Civil Litigation, Entertainment / Sports and Small Claims for California on
Q: I just need an attorney to respond for me and review a case in which I was never served. How much should this cost?

It’s frustrating looking for a civil attorney in Riverside County everyone I called wants $25-$50,000 just to respond to a letter is this common? I only discovered that I was served because of my credit search that was the only way I found out.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 11, 2025

Your problem is not limited to a letter: even if the other side agrees to vacate the Judgment, you will still have to deal with the underlying lawsuit. The lawyers don't want $25-$50K to respond to a letter, except in the sense that "respond" involves representing you in a civil... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: Are sliding screen doors not sliding smoothly qualify as wear and tear or tenants financial responsibility to resolve?

We are using a standard California Association of Realtors residential lease. Landlord is saying these need to be operating just as they were the time of move in. These still operate, but just aren't as smooth. We did not record these as issues as we haven't used them regularly, and still... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 30, 2025

It depends on the reason they are not operating as smoothly as when you moved in. If you did something to damage them, such as jamming them into something you left on the track, that would be on you, the tenant. Similarly, if the frame is bent, it would be presumably from misuse. If the wheels have... View More

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2 Answers | Asked in Civil Litigation and Legal Malpractice for California on
Q: Can reasons why further responses to discovery have to be provided be supported by facts obtained since propounding?

Can reasons why further responses to discovery have to be provided be supported in the Separate Statement by new facts, obtained since discovery was initially propounded?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 10, 2025

This answer assumes you are asking about the reasons provided in the separate statement accompanying a motion to compel. There is no legal or logical reason to exclude such facts. The purpose of the statement is to highlight for the judge why responses/further responses should be compelled. It is... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Dental malpractice in California. Do I have a case or not? is it worth to pursue

Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 17, 2024

Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss... View More

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2 Answers | Asked in Family Law and Probate for California on
Q: My eldest brother, DPOA of my father and successor trustee, bought home which was in Trust via a living estate-Legal?

He didn’t notify the beneficiaries of trust, myself and my brother, of such change to trust. We feel its breach of his fiduciary duties and self serving.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 23, 2024

If your father is alive and still capable of handling his affairs, and the trust is still revocable, then he can make any changes he wishes. If you have reason to believe he was subjected to undue influence, speak with an attorney to see if the situation can be remedied. Be prepared to provide... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?

We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 18, 2024

Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More

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3 Answers | Asked in Estate Planning and Probate for California on
Q: if it involves an estate in California, do I need to find an state lawyer in California or can I use one in Nevada?

Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..

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

For an estate in California, you need a California licensed attorney. You may be able to find an attorney in Nevada who is also licensed in California. You can try your local Bar Association to see if they have a lawyer referral service that can find you one. If not, you can try the website of the... View More

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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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