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Evidence questn

San Luis Obispo, CA |

I'm a tenant plaintiff suing a landlord, if I have documentary letters to the landlord with the signed certified returned receipts for each, proving the landlord received the letters, and did not respond, is this evidence and proof of what the letters say?
(I don't really live in SLO, am afraid to say where I live)

Attorney Answers 4

  1. Best answer

    Yes, such letters could be used as evidence in support of your case in chief, or in your cross-examination of the landlord.

    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.

  2. Yes, as Mr. Chen points out the letters could be used as evidence or in cross-examiniation. However, the contents of the letters may not necessarily prove the contents. E.g. you promissed me if I leased from you that I would become an astronaut. Failure to answer a letter may not be proof of much. This is very fact specific beyond the California rules of evidence.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

  3. Yes, the letters are evidence of what you told the landlord, and evidence that the landlord received the communications.

  4. As the other attys wrote, your certified return receipts prove that you sent letters to your landlord, but if you are asking if his/her non responsiveness proves your allegations by default, the answer is no.
    Now, if the landlord does not appear in court, that is a different analysis, but not responding to letters does not prove anything other than the fact that he or she did not respond to you. That can show nonfeasance in court, and it does not hurt your case, but it does not establish your case.

    Why are you suing your landlord in the first place?

    Melissa Mack, Esq.
    Alameda, CA

    My response, and all content contained therein, is for informational purposes only, and does not create an attorney client relationship.

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