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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37957
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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We went to UD trial and judge stated the case was not UD and

Customer Question

hello, we went to UD trial and judge stated the case was not UD and referred us to case management in 120 days. can i do discovery for landlords and property management files? landlord missed return of deposit deadline, but claims s/he is within the 21
days, the distribution of deposit papers include normal 'get ready' costs, e.g., vents filters for heater/putting in light bulbs, etc., Background: Me and my wife moved from***** Modesto on September 30, 2015; we gave up the keys and garage remote
by registered mail, sent to the business address of Kris Marin of TriTal Realty, the property manager who rented to us. We were surprised at the ‘Notice to Terminate Residency’ we received in July, because we were perfect tenants (Kris Marin’s statement),
never late or missed on the rent. This Unlawful Detainer complaint is based on the fact that we moved two weeks post the September 15, 2015 deadline set in the ‘Notice to Terminate Tenancy’. Plaintiff is using the courts to harass and damage Defendants for
failing to leave by September 15, 2015. To the point of this dispute, all rents were current. Kris Marin, agent for Sarkis, was made aware over a two month period,--by telephone, email and face to face contact, at the trouble we faced due to the forced move
and we needed the two weeks to pull together family resources imposing serious financial hardship on us and our family. We are retired seniors on set income and were forced to borrow money from our children to make the move possible, we even asked Sarkis to
help us by releasing a portion of our deposit, which he adamantly refused (per K Marin). We paid our rent consistently, on time, and an eviction—by any Notice, is shocking and painful.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello...you asked: can i do discovery for landlords and property management files?

A: Yes. A party is entitled to obtain any evidence which is "reasonably calculated to lead to the discovery of admissible evidence." Cal. Code Civ. Proc. 2017.020. If your complaint is for the late return of your deposit, then any evidence in the landlord's records which may assist you in proving the date when the deposit was returned, is discoverable. It would be up to the landlord and property manager to object to discovery via a motion to quash or limit discovery -- otherwise, the landlord must produce, or be subject to sanctions -- which could include being prohibited from producing any evidence contrary to your allegations at trial or summary judgment.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 1 year ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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