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David A Barra

David Barra’s Answers

77 total


  • Filing discovery

    Can the other party show more evidence in court that wasn't shown in there discovery?

    David’s Answer

    The answer to your question depends on a lot of variables that you don't include information about.

    What was the question that the discovery addressed? Should a fair answer have included the evidence now proffered in court? If so, what was the reason for not including it in the discovery response? Was there a discovery order in this case? What is the evidence? How did it come to be introduced at trial? Was it in response to a question by the opposing side or proffered in direct examination?

    Often, scheduling or discovery orders include provisions that exhibits need to be exchanged prior to trial and that exhibits not exchanged will not be admissible at trial unless there is a good reason to make an exception.

    You haven't given enough specifics to answer whether your situation is one where the evidence would not be allowed.

    At the time it was offered was an objection made? If not, then you may lose the right to object.

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  • What in the world is a "litigation" lawyer?

    Isn't that a double positive (or double negative depending on how you look at it). It's like saying "more bigger" or something. Isn't it a given if you're a licensed lawyer, you're going to be litigating in court?

    David’s Answer

    Lots of lawyers spend their entire careers never seeing the inside of a courtroom. The term "litigation lawyer" is applied to those lawyers that focus their practices on matters that either are in suit or may end up there unless something can be worked out.

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  • Landlord selling commercial property that I am renting. Will renewal option language in the lease continue with new landlord?

    I have a commercial lease with a short period of time remaining. The landlord is selling the building. I was told that the new landlord would have to honor the lease period. Is the following language "Tenant may renew the Lease for two (2) one ...

    David’s Answer

    Generally a purchaser would step into the shoes of the seller and be bound by all existing lease requirements. The lease itself, however, may have provisions for the sale of the property that could change things. The provisions you cite seem to provide for the renewal and should be effective unless there is some other provision that says otherwise. It may be worth running this by a local attorney familiar with local ordinances and state law.

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  • Does my landlord have any grounds to stand on?

    At my old house, there is a hole in the bathroom wall. My landlord said she would take us to court about the hole in the wall if it wasnt fixed but the house is old and had started falling apart before I even moved in. I asked her mulitple times o...

    David’s Answer

    What caused the hole? If it's something you did and it's beyond normal wear and tear, it's likely that the landlord could hold you responsible. There are often specific requirements for a landlord to follow if the landlord wants to bring such a claim. If they're not followed, they usually can't bring a claim. If the cost to repair is substantial it may make sense to check with a local attorney about your rights under your lease, local ordinances and state law.

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  • I believe the Reporters Transcripts is "missing" some statements. (intentionally?) How do I get the whole&true transcripts?

    I am appealing a case in the 2nd district court of appeals. I have the Reporters and Clerks Transcripts. The clerk's transcripts is 9 volumes and the reporters is 1. A very important part of the reporters transcripts (R.T.) is when a witness d...

    David’s Answer

    To resolve issues regarding transcripts on matters on appeal you need to make a motion to the court where the matter is pending spelling out what your concern is and what you want the court to do. Here your concern is that the transcript is not complete and you'd like the court to direct that the reporter review the transcript to confirm its completion and correct it if necessary.

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  • Just rented house and NO LIGHTS. Unpaid bill from previous tenants. Is my landlord or myself responsible?

    45 mins after leaving Southwest Electric in Atoka,TN (from paying my connection fee to have lights on in my name at rental house just signed 1 yr. lease with) was informed they WILL NOT CUT LIGHTS ON due to unpaid bill left from previous tenants....

    David’s Answer

    Utilities are regulated by the state. Typically new service will not be turned on until the bill for the old service is paid at a particular location. As a new tenant the bill is not your responsibility. The landlord has the responsibility to provide you with habitable premises that include utilities. The landlord needs to fix this problem. If your landlord does not deal with this, you may have some options under your lease, local ordinances and state law. I suggest talking to a local attorney about withholding rent until this issue is resolved.

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  • Eviction Lock out tenants still on premises

    I had a sheriff lock out today. The tenants had not finished moving all of their belongings out. The sheriff asked me to allow them to move everything out. I agreed. They removed everything outside to the carport and said the truck was coming ...

    David’s Answer

    • Selected as best answer

    Call the sheriff. Your writ of possession is for the entire premises.

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  • Old tenant hasn't and won't move out, but my landlord doesn't let me out of the lease.

    My roommate decided not to renew the lease. So I found another girl and signed the new lease. However, the girl suddenly decided not to leave. As the result, the new girl couldn't move in. Our landlord sued her. Although she lost the case, she fil...

    David’s Answer

    It's hard to see what else the landlord could do to get the old roommate out. Once the appeal is over, if the landlord prevails, the old roommate should be gone, with the sheriff's help, if necessary.

    In the meantime, your concerns are very real. Have you spoken to your landlord about this? Would he consider reducing your rent while this situation is resolved? Do you have other options to stay somewhere else temporarily? Perhaps your landlord would agree to reduce your rent so you could stay somewhere else until the old roommate is gone.

    You can leave the apartment and if the landlord sues you for breaking the lease, raise the defenses you have described. Before you do that, I think trying to work something out with your landlord may be worth the effort and discussing your situation with a local attorney familiar with local ordinances and state law makes sense.

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  • As a landlord of a duplex in Emeryville, California, am I responsible for the tenant's flea problem?

    I received this message from the tenant: "Hope you're doing well. Is there any way someone might be able to come and spray the yard for fleas? We have been battling fleas on all our animals for months now and spending a bunch of money on medic...

    David’s Answer

    If the yard is part of the leased premises you could be on the hook for flea infestations that interfere with your tenants' right to use and enjoy the property. I suggest contacting a pest control business to see what they say about the issue and how much it would cost to fix it.

    You may wish to consider in future leases making explicit referenced to this situation. I think a lawyer could help you determine whether this is something that you can deal with under local ordinances and state law.

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  • Tenant is a fraud, what landlord can do ?

    tenant is a fraud. provided landlord wrong SSN , fake previous landlord name and phone number, fake leasing background, returned check. What the landlord can do? Can landlord sue the tenant for fraud?

    David’s Answer

    I assume you want to evict this tenant because of the false information he provided. Your lease may deal with this directly. If it does, you can bring suit for eviction based on that. If it doesn't address the issue directly you may still be able to bring an eviction action under state law. You may be able to assert a claim for damages caused by the tenant's fraud. I suggest you seek out a lawyer in your area to help with this.

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