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Robert Michael Berger

Robert Berger’s Answers

59 total


  • Bank Levy and how to get Memorandum of Costs ( MC - 012 ) from Judgement Debtor ?

    The judgement debtor ( company ) is being put on bank levy ( current account frozen at this point ) and also already filed MC - 012 along with Writ of Execution and judgement debtor also been served a copy of MC - 012 . Now the judgement de...

    Robert’s Answer

    File a partial satisfaction of judgment for the specific amount obtained and continue your collection efforts for the remaining amounts. Also, you do not get a Memorandum of Costs from the debtor. You, as the creditor, file the Memo of Costs to add additional allowed costs to the judgment. The debtor can then object to the Memo.

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  • I am thinking of making an offer for a short sale in riverside county California ? Is it legal to rent back to seller for 1 yr

    after closing

    Robert’s Answer

    I agree with Mr. Boss's response. There is no statute or case law that forbids it. Let me add that generally the Bank will have both you and the seller sign "arms length" affidavits which forbid rent back agreements. However, you (and/or your broker) can always negotiate with the Bank on this point.

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  • How do i fight a civil law case with the statute of limitations on my side

    im being sued for a debt that is over four years old what optoins do i have can i fight the california statute of limitations law if so how.

    Robert’s Answer

    I agree that a demurrer is the proper response to the complaint. However, as an attorney, if there is time to contact opposing counsel before the response is due and discuss dismissing the case I would start with that approach.

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  • Living on a property for 23 years is paid for I pay property tax. Do I have squatters rights?

    deed is in 2 adult sons name with guardian that will not sigh off

    Robert’s Answer

    I agree with Mr. Boss's answer. Let me add that payment of property taxes is one of the elements courts look for in deciding adverse possession cases. You would need to hire an attorney and obtain a judgment in order to become the legal owner.

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  • Can a pro per plaintiff review and copy business records of a non-party once they have been properly served with a subpoena?

    Must I use a registered photocopier, or can I either (a) go to the business and copy the records or (b) direct the non-party to mail them to me - a non-attorney? The Codes address the situation with an attorney, but not a pro per.

    Robert’s Answer

    The answer is yes. As a Pro Per party you are acting as your own attorney and the same rules apply to you as they would a retained attorney in regards to all civil procedure including discovery.

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  • BANK ACCOUNT WITH MY MOM IN CALIFORNIA

    My mom added me to her bank account a few years ago, so I could sign checks or help her out if the time ever came. We did not have my name put on her checks but the bank statements have my name on them. What is my responsibility as far as probate ...

    Robert’s Answer

    First, you have see whether the account was set up as a joint account or not. If it was a joint account then according to Probate Code Section 5302(a) the money is yours. If it wasn't a joint account then technically the $30 is part of her estate pursuant to Probate Code Section 5302(d) and you would list it as part of her probate estate.

    I amended the practice area to include probate.

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  • Do I have to pay property tax for 2012 even though I officially opened the business in 12/23/2012 and my lease start in Oct 2012

    I am renting a commercial business I officially opened the business on 12/22/2012, I received a letter saying I have to pay 2012-2013 property do I pay for the full 2012 property tax. please help in what should I do ,the business is in Berkeley, CA

    Robert’s Answer

    This is a difficult question to answer because you do not say whether your lease is triple net or not. Additionally, an attorney would need to review the lease provisions regarding payment of property taxes as well. Generally speaking, however, if you have a triple net lease and you take over occupancy of a space for the last 3 months of the year, you should only be responsible for a pro rata share (3 months - Oct, Nov, and Dec) of the property taxes. Unless the lease says differently you should not be responsible for the full year.

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  • JDB with Canada Address in Violation of FDCPA - I am in CA - can they be sued for this violation?

    Purported JDB with Ontario Canada address trying to collect (unrecognized account) within 10 days from date of their letter else legal ramifications. Sent them Cease and Desist letter 10 days ago and today received phone call with a threat towar...

    Robert’s Answer

    You do not have to file suit in Canada. You can file a lawsuit here in California and serve the Canadian company pursuant to the Hague Convention on Foreign Service. Because the Canadian JDB contacted you in California, to collect a debt here in California, they are subject to being sued here. This is a complicated area and you should contact an experienced debt collection attorney to advise you of your rights under both California law as well as Federal law.

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  • Who is liable after a remodel causes a fire?

    My neighbor had a modified fireplace that caused a fire and destroyed four condos. The original owner made the modification over 20 years ago. My neighbor is the third owner and has owned it for 4 years. He didn't do an inspection when he bought i...

    Robert’s Answer

    Although your neighbor may ultimately be held responsible as the owner of the unit, if there was injury to the exterior walls, roof, plumbing, and wall electrical, then the HOA's insurance should repair it and likely interior damage you have suffered as well. Your neighbor may have condo owner's insurance which could share costs as well. At this point in time you all should be making claims to the HOA insurer and, assuming that your neighbor has condo insurance, to his/her condo insurer as well. I recently filed suit for negligent repairs to a townhouse in Thousand Oaks which resulted originally from an electrical fire caused by faulty wiring in a lamp. The HOA's insurance covered all of the damages, both interior and exterior, to the various units. The insurer was State Farm and there were no issues raised regarding fault as the fire was a covered event under the policy.

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  • If i have to service the water or electric at a rental and its about a 2 hr repair how much notice do i have to give the tenant.

    that is my complete question

    Robert’s Answer

    Civil Code Section 1954 states "reasonable notice" of entry during regular business hours. 24 hours notice is presumed reasonable. In this type of situation I advise my clients to work out a mutually agreeable date and time to enter the unit and have the manager hand the tenant written notice at least 2 days ahead of time. If you mail the notice to the tenant you need to mail the notice 6 days ahead of the anticipated entry into the unit.

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