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3 Answers | Asked in Employment Law, Personal Injury, Business Law and Civil Litigation for California on
Q: Anti-Slapp filing deadline and attorneys' fee demand

My employer filed Anti-SLAPP motion 68 days after I filed my complaint against them, and it was partially granted. My attorney didn't raise that late filing issue in their opposition to the special motion. Now I am facing a substantial attorneys' fee demand.

Can I leverage the... View More

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

The anti-SLAPP filing deadline is not 60 days from filing the Complaint, it is 60 days from service of the Complaint.

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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 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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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 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 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 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

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 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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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 Landlord - Tenant for California on
Q: Early lease termination requirements in CA

My tenant signed an year lease for the period 07/01/2023-06/30/2024 but gave me a lease termination notice on 07/23/2023 without moving in . They want to terminate the lease on 07/31/2023.

They are expecting their security deposit back.

Is there a law in California that mandates a... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 24, 2023

Assuming they are not terminating for valid cause, and your lease does not cover the topic, there is no provision for canceling a lease. Even in a month to month tenancy, 30 days notice is required for termination. They could be on the hook, theoretically, for the entire term of the lease.... View More

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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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