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Breach of Contract Lawsuit between Tenant and Landlord, Implied Warranty of Habitability was breached.

Buena Park, CA |

Okay, landlords insurance company has offered two settlement amounts. My attorney & I believe we can get more of an settlement. Discovery just started & I'm being deposed. My attorney is not worried about deposing defendant (landlord). This confuses me because I'm believe the defendant being deposed will result in a fast/larger settlement. In example... ask the defendant (landlord) why he/she failed to make repairs, chose to evict tenant, did not respond City Code Enforcements request for abatement/Fair Housing Foundation attempts to mediate issue between us. I know the defendant did not have to respond to their calls/letters. However, answers would help show negligence on defendants behalf. I believe we could be doing more to control settlements, please help with any advice.

Attorney Answers 5


  1. If you are second guessing your attorney's judgment, then you should contact another local attorney and discuss the facts of the matter in more depth. However, before you do that you should have a frank and open conversation with your concerns and see if your current attorney can resolve your concerns directly.


  2. I agree with my colleague that you shouldn't be asking total strangers about your case that your own lawyer knows much more about than anyone else can.

    Your lawyer's strategy may prioritize written discovery before a deposition, so he can be asked about his responses too. Or maybe this is a cost savings, since a depo costs quite a bit.

    Talk to your own lawyer about this.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


  3. Unfortunately, if you are already represented by an attorney in this litigation, no one on this forum will be able to advise you. Your attorney has the most knowledge about the facts of your specific case and the best strategy to follow.

    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 for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  4. Maybe your lawyer is trying to save the 1000.00 it could cost for the depo. maybe your lawyer knows the other side is aware of how the LL screwed up from other documents, evidence etc. if you make a good impression in depo, and help on liability and damages, that will go far to getting a higher offer. the pltfs depo is important to the value of the case. Talk to your lawyer.


  5. I agree with the other attorneys, and don't think you will find many who are willing to answer your question on this forum.

    Since you are already represented by counsel, it would be inappropriate for other attorneys to step in and second-guess the decisions made by your lawyer. The attorneys on this forum are on the outside looking in, and aren't privy to all the facts and circumstances of your situation (as I hope your lawyer is). If you have concerns, I encourage you to talk them over directly with your attorney.

    Best of luck.

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