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Questions Answered by Gerald Barry Dorfman
2 Answers | Asked in Civil Litigation, Foreclosure and Real Estate Law for California on
Q: Hi I am trying to sell home before it forecloses. I was informed by title company I has a judgement from 2007. Califor

I disputed it but it remains on title report. It’s been 30 days and nothing has happened and I’m told I still owe something I know nothing about

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

If the title company won't give you a copy of the Abstract of Judgement, you will have to go to the County Recorder's office and get a copy. If you look at it and still don't know what it is about, then you will have to review the case file at the courthouse. If it truly is some... View More

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3 Answers | Asked in Probate and Estate Planning for California on
Q: I am listed on a trust. The house in trust was sold without my knowledge for 375k. Trustor offed me 75k after the fact.

Looking up probate attorneys, I'm not finding many that fight against an obvious breach of fiduciary duty. Is there a specialized area that I need to search?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 14, 2023

There is a subset of probate/trust attorneys that take on litigated matters. If the probate attorneys you are contacting do not litigate, many will be able to refer you to someone who does. Whether an attorney will take your matter on a contingency basis is another story. Many more will be... View More

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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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4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

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

Of course airbags should operate correctly without taking into account who is at fault for the collision. The important factors in your situation, in addition to having an expert determine that the airbag(s) should have deployed, include which injuries would likely have been prevented or lessened... View More

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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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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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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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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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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 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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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

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