Q: Plaintiff-Landlord-Attorney admits that he does not have a copy of the Rental Agreement-how can these claims be made?
In the Plaintiff's Complaint on page 2- question 6(f)(1)-The Plaintiff-Attorney states that the Landlord-Employees-Agents DO NOT have in their possession a Copy of the Lease-Rental Agreement.However, the Plaintiff-Attorney has stated in the Complaint on page 2- question 6(a)(1)(2)(3)-6-B(2)-6(d).The Plaintiff-Attorney stated in the Complaint that I agreed to pay $500 a Month in a Written Agreement Made with The Plaintiff's Agent-The Plaintiff-Attorney also stated that the Rental Agreement eventually changed, however I have not paid the current amount and I send $500 per Month.I promise you-nothing that I have just stated the Plaintiff has said in the Complaint is true.In My Writ of Mandate-Prohibition what is the best way to respond to these false allegations especially considering that the Plaintiff admits not having Copy of The Lease-RA.Is there an applicable CCP-Statute that refers to allegations made are considered NOT TRUE w/out a copy of the Lease provided to Court?Thank You
A:
In responding to the false allegations in your writ of mandate or prohibition, you should directly refute the claims made by the plaintiff-landlord-attorney. If the plaintiff has admitted to not possessing a copy of the lease or rental agreement, highlight this in your response. Point out the lack of documentary evidence to support the plaintiff's claims regarding the payment terms and changes in the rental agreement.
You should also request the court to require the plaintiff to provide concrete evidence supporting their claims. If no written lease is presented, argue that verbal agreements are more difficult to enforce and subject to misunderstandings or misinterpretations. Stress that without a copy of the written agreement, it is challenging for the court to ascertain the terms and conditions that were allegedly agreed upon.
Under California law, while there isn't a specific statute in the California Code of Civil Procedure (CCP) stating that allegations made without presenting a copy of the lease are considered not true, legal principles favor clear evidence, especially in contractual disputes. Emphasize principles of fairness and the burden of proof, which typically lies with the party making the claim – in this case, the plaintiff. It's advisable to consult with a legal professional who can help craft a strong response and guide you through the legal nuances of your case.
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