In California small claims can the opposing side depose my expert witness whose report I filed as evidence?
Gerald's answer
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Answered on March 11, 2021
Discovery, including depositions, is not permitted in small claims court. The court may, but does not have to, accept a report from an expert,...
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Damages?
Gerald's answer
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Answered on March 09, 2021
The limit in small claims court is $10,000. You may also be entitled to a potential award of attorney fees, in addition to a multiple of your...
What if one page of a lease is not signed or initialed?
Gerald's answer
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Answered on March 03, 2021
The lease continues in effect for it's term, even if a party dies. The exceptions to eviction controls do not apply during the term of a fixed...
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Mom left our family home to me and my brother. He died in Jan. Can his new wife take his half?
Gerald's answer
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Answered on March 03, 2021
If you and your brother held title as tenants in common, which is likely if you received it through probate and never did anything to change title,...
Archived
What are my legal rights to walk away from a house that my cosigner will not agree to?
Gerald's answer
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Answered on March 03, 2021
Other attorneys have pointed out that you can file a court action for "partition". That is a way you can force the sale of the property. You...
Question on a will.
Gerald's answer
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Answered on March 01, 2021
Sorry for your loss. The will is almost certainly valid. If challenged, it will be a factual finding by the court which determines whether the...
Notice of Deposition
Gerald's answer
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Answered on February 18, 2021
The devil is in the details. If you have properly noticed the deposition, the other party has refused to attend the deposition, you have tried to...
Archived
Apartment rent?
Gerald's answer
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Answered on February 17, 2021
Unfortunately for you, you do not have a legal right to be offered the same deal as new tenants. Usually rents go up, but sometimes in some areas,...
What do I do when my landlord keeps notifying me he wants to do an inspection?
Gerald's answer
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Answered on February 16, 2021
You are correct that Civil Code section 1954 protects you from "inspection abuse". A landlord’s desire to conduct general "inspections" gives way...
What can I do to verify that the execution of my friends will was done properly and his wishes honored?
Gerald's answer
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Answered on February 13, 2021
If you know for certain there was a will, whoever was in possession of it was supposed to "lodge" it with the court in the county where your friend...
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