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Another evidence question

San Luis Obispo, CA |

I'm a plaintiff tenant sueing a landlord, in addition to 2 Notice of Violations from the city building inspector, and unanswered letters to the landlord, I have the case file where the landlord filed an eviction lawsuit against me, and for 9 months harassed me with it until I moved out. How do I submit this case file as evidence for my current case?
(I don't really live in SLO, I'm afraid to put my true location)

Attorney Answers 2

  1. Best answer

    Wow, tenant--you really need a lawyer for this lawsuit.

    The Court can take "Judicial Notice" of the former eviction--that means the Court can look at its own files to see that the eviction was filed, or what happened in the eviction action.

    Watch those notices of violations--they are NOT admissible unless they are certified (or unless the landlord admits he received them).

  2. You probably would not be able to submit the entire case file as evidence, since much of it would probably constitute hearsay.

    I suggest you subpoena the city building inspector to be a witness at trial.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

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