Q: stipulation, signed without the plaintiff or their legal representative’s. only signed by broker-less manager?
Unlawful Detainer (UD) filed by property owners through unlicensed property manager using fraudulent DRE credentials. Key issues: manager operated illegally, misrepresented broker licensing, signed rental agreement without legal authority. Complaints filed prior to UD with DRE, Fair Housing confirmed license invalidity. November 20 stipulation lacks plaintiff/attorney signatures, signed by unauthorized individual (664.6). Judge denied pre-trial evidence, compelling stipulation signing under duress. Potential legal challenges advice: challenging stipulation's validity due to improper signatures? investigating fraud claims? Violation of Civil Code §1667, §10131,§1962,§1592.
Comprehensive legal consultation: Is there a way to challenge the judge’s refusal to consider my evidence without filing an appeal? What are the consequences when a stipulation lacks signatures from the plaintiff or their authorized legal representation? Recommended steps? Expertise is greatly appreciated!!
A:
A stipulation in California generally requires signatures from all parties or their authorized representatives to be valid and enforceable under CCP §664.6. The absence of signatures from the plaintiff or their legal representative raises serious questions about the stipulation's enforceability, particularly given the circumstances you've described involving an unlicensed property manager.
Your situation involves multiple concerning issues, including the use of fraudulent DRE credentials and unauthorized representation. The property manager's lack of proper licensing under Civil Code §10131 could invalidate their authority to act on behalf of the property owners, and their misrepresentation of broker credentials may constitute fraud under Civil Code §1667.
You have several potential legal avenues: filing a motion to set aside the stipulation based on invalid signatures and lack of authority, requesting reconsideration of the evidence that was previously denied, and potentially pursuing a writ of mandate if time-sensitive. The DRE and Fair Housing complaints documenting the license invalidity could serve as crucial evidence in challenging both the stipulation and the underlying unlawful detainer action. Consider seeking immediate legal representation to address these issues, as they involve complex procedural and substantive legal matters that could significantly impact your rights.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.