Skip to main content
Adina T Stern

Adina Stern’s Answers

83 total


  • Subpoena for business records, not consumer.

    Is it better to only ask the witness for the production of business documents (rent payments), or bring the witness into the hearing with the business documents? Do I have to let the opposing party know of the subpoena that I intend to serve to th...

    Adina’s Answer

    The answer to your questions depends on many factors that are not in your fact pattern. You need to be sure you are using the correct type of subpoena. You also may run afoul of the hearsay rules if you do not have the witness "authenticate" the records. There are ways to authenticate business records at trial but you must follow the code. I strongly recommend that you talk to a local attorney to assist you.

    I am attaching a link to a blog that discusses subpoenas that you may find helpful. It is aimed at individuals who have been served but there are other links to the codes that may assist you.

    See question 
  • Business Law

    I own a very successful tutoring service. My Landlord offered my employee double her salary if she would teach my students in my space with my curriculum but as her employee. I assume he means to evict me first and set up my same business in this...

    Adina’s Answer

    I agree with the prior answers but I also recommend hiring an attorney to write a letter to your landlord documenting this conduct. Get a properly formatted declaration from the employee as well. It is important to have an attorney assist you with the declaration because those written by lay persons are usually not admissible in court because they do not comply with the rules of evidence.

    See question 
  • MSC on 1/29/14 what should I expect?

    MSC on 1/29/14, tried contacting my attorney a few times this week with no luck. I called him so that we can go over issues related to my case. Fridays are the only days that he is available now the only time I get to talk to him would be the day ...

    Adina’s Answer

    • Selected as best answer

    MSC stands for mandatory settlement conference. An Mandatory Settlement Conference is a settlement negotiation. There is a mediator who will talk with either you and your attorney or your attorney alone. The mediator will try to go between you and the other party to help mediate a settlement of your case. There is not much you need to do to "prepare" for a Mandatory Settlement Conference other than discuss the strengths and weaknesses of your case with your attorney and have realistic expectations. If you need the consent or opinion of someone else to settle your case I would suggest that you bring them along. Your attorney should have provided the court with a MSC Statement under the Rules of Court and you should request a copy of that statement so you know what has been disclosed to the mediator and other side.

    See question 
  • Proving Property/Boundary Lines in Orange County, CA., Fullerton CA

    My neighbor and I are having a dispute regarding the property line between our yards. We tried to discuss it but he is right and I am wrong as I was told. What exactly do I need per the city of Fullerton, Orange county Ca and state of California...

    Adina’s Answer

    You will need to get a survey. That is the only way to determine the precise boundary lines. The Preliminary Title Report generally will not tell you the exact boundaries. Once you have the survey you will know where the boundary is located. If a fence or other structure needs to be moved you will need to work that out or consult an attorney.

    See question 
  • I am investing in Real Estate buy a note,how would i find out documents are legal so I don't lose my investment? California

    I am investing in buying a Real Estate note; there is an executive summary, escrow instructions, letter of intent and some other documents. How can I make sure documents are legal and in order? It is a 6 months loan with 11.5% return on investmen...

    Adina’s Answer

    As you indicate - you never know. There are so many documents that are required for secured real property transactions. The first thing you need to do is obtain a preliminary title report as well as an accurate appraisal to make sure there is sufficient equity in the property and to make sure you are not at the bottom of the chain of title.

    Additionally, the documents themselves should be reviewed by a real estate lawyer to make sure they are legal and enforceable. If the loan was not originally negotiated by an appropriately licensed individual it will be usurious and that can create serious problems for you.

    Do not try to do this on your own. You need the assistance of an attorney, a title company and someone who can give you an accurate appraisal of the property.

    See question 
  • Frivolous lawsuit from an unlicensed contractor, how to determine?

    I have a contractor who built a house for me. There was an oral contract and I know that is a problem, but other than that, the permit was gotten by an employee of this contractor. It turns out the permit was in the name of the contractor p...

    Adina’s Answer

    You indicate that this individual "is suing" you. If they have filed a lawsuit you may be able to dispose of it through a legal motion known as a "demurrer" depending on how the complaint is drafted. There are certain legal requirements and deadlines involved in a demurrer and various other legal procedures that arise in litigation.

    If you have actually been sued and served you really should not try to handle this yourself and should retain a real estate lawyer to assist you.

    See question 
  • Can a buyer back-up day before closing outside of 17 day period, if the contingency removal is not signed?

    - I am a first time buyer ,was supposed to close yesterday but the HUD i received had outrageous charges on loan origination fees - was told they would be around 800 but they are 4,500 and are now charges points for 2,500 for a total of 6,000 ...

    Adina’s Answer

    The answer to this question can be found in your purchase agreement. Generally, there are two ways contingencies are removed: active removal or passive removal. If the agreement is drafted with an "active removal" clause that means you must actually notify the Seller that you are removing the contingency. With "active removal" the Seller has the right to demand that you remove the contingency after the contingency period expires but the contingency is not removed unless you do so actively. With "passive removal" the contingency is deemed satisfied after the stated time period has expired.

    Like the other attorneys who have posted here I strongly suggest you have a lawyer take a look at this situation for you.

    See question 
  • Request for trial by Plaintiff after UD answer

    We filed an answer to an Unlawful Detainer. As expected the Plaintiff filed a request for trial. Here is my question. Under estimated length of trial Plaintiffs attorney stated 15 minutes. It will take us longer than that to present our case. We w...

    Adina’s Answer

    The document you will need is the UD-150. I have attached a link to it below. You may want to consider having an attorney appear with you at trial.

    See question 
  • If i write a review can that company take me to court the review was on a web site they are on?

    its a remodle company we had they do our kitchen

    Adina’s Answer

    I agree with the previous post but wanted to add that you also need to make sure you did not enter into any sort of confidentiality agreement with the company. They may be able to sue you for breaching such an agreement. For more information on the elements of defamation, click on the link below.

    See question 
  • I received a summons with no court seal and no court date.

    The summons has no court seal and no date to appear in court. It was also stamped by the court clerk and not signed. The only date is the filing date. Is a summons supposed to have a seal?

    Adina’s Answer

    If you were served with a summons it should have accompanied other documents such as a complaint. You will have 30 days from the date of service to answer or otherwise respond to the complaint if it was personally served. If it was served by substitute service, look out for a copy in the mail because your response will be due 40 days from the date on the postmark.

    I strongly suggest you consult with an attorney. Being sued is a serious matter and must be dealt with by a professional.

    See question