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Questions Answered by Gerald Barry Dorfman
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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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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2 Answers | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: Sacramento CA Courts civil case if a judge dismissed it without prejudice what's the statute of limitations to refile?

In Sacramento California Courts in a civil case if a judge dismissed the civil case without prejudice what is the statute of limitations I have to refile?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 2, 2023

The statute of limitations is the same one that applied to the original filing. It is not extended or changed by the dismissal.

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1 Answer | Asked in Family Law and Probate for California on
Q: need help getting my grandma house.

she passed away 2 yrs ago in her house is just sitting there

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 29, 2023

Whether the house, or part of it, will go to you will depend on how many heirs there are, how title to the house is held, and whether there is a will or trust. You need to be talking to a probate attorney to find out what needs to be done.

2 Answers | Asked in Estate Planning and Probate for California on
Q: My husband passed without a will or trust. I am not on the loan/title of the home. Is there a way to transfer it to me?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 29, 2023

Yes. A probate proceeding is the way to go, in all likelihood. Attorneys are paid a percentage of the estate at the end. you may need to pay for the initial court fees and publication costs. Speak with a probate attorney.

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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... View 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.... View 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 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... View 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... View 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... View More

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