Evidence question

I'm a plaintiff tenant sueing a landlord, I have city building inspector violations and unanswered letters to the landlord. Two NOVs, one for a concealed uncovered multi-flue hole in the kitchen wall, and one for the installation of a window without a permit. Do the NOVs have to be certified? How do I submit this material correctly. Defendants have recently stated that I have no evidence, why are they saying this? What can I do about it?

San Luis Obispo, CA -

Attorney Answers (3)

Frances Miller Campbell

Frances Miller Campbell

Litigation Lawyer - Sherman Oaks, CA
Answered

The NOVs have to be certified if you want to introduce them "for the truth of the matter" at trial. For example, if the NOVs are certified, you can introduce them to prove there was a broken window ONLY IF they are certified.

Why do they tell you you have no evidence? Well, probably because they are lawyers and you're not, and they are trying to psych you out. Lawyers say that to me all the time--it's bluster. If you REALLY had no evidence, it's unlikely that they would mention it to you.

You really need to hire a lawyer.

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Frank Wei-Hong Chen

Frank Wei-Hong Chen

Litigation Lawyer - San Marino, CA
Answered

You would have to produce the NOVs in response to any demand for production of documents.

I also suggest you subpoena the city building inspector who prepared the NOVs to testify at trial.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
Catherine Elizabeth Bennett

Catherine Elizabeth Bennett

Litigation Lawyer - Bakersfield, CA
Answered

You may or may not be able to get "certified" copies of the NOVs. But you should depose, and then call to trial, the building inspector who personally observed the violations.

Why are they saying you have no evidence? Hard to say, but that might be a signal that they are planning a motion for summary judgment. That is why you need to take the inspector's deposition, to show them you do have evidence, and to oppose a motion for summary judgment, if it is filed.

I am licensed only in California and this response is provided as general information only. It is not intended to... more

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