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Small claims court has many different rules and procedures than other courts. It has many more of the elements “as seen on tv,” as very little is documents or correspondence is exchanged between attorneys, or the plaintiff and defendant. Usually attorneys are retained on a flat fee basis, and work is not performed hourly. Discovery rarely happens because the court wants to keep everything moving. A defendant does not even need to file an answer or disclose witnesses in small claims court. If a defendant chooses not to file an answer, the court will assume all allegations are denied. You are allowed to file additional pleadings, such as a counterclaim, but must ask the court for leave to file it. Many surprises can happen the day of trial, since both sides are uncertain as to who will be called as a witness and what evidence will be presented. Both parties will see all documents each side will offer up for the first time at trial. All rules of evidence do apply in small claims court, but in order to enhance efficiency, the court and counsel are usually more relaxed on objections when a witness is testifying or when a document is being requested to be admitted into evidence. Although small claims court is in the same court as all other litigation, it truly has its own policies and procedures.
Can a real estate broker represent a California property owner in a small claims court in a dispute involving the property?
Yes. Under the California Code of Civil Procedure, there is a way that a real estate broker (property management) can represent the property owner.
California Code of Civil Procedure Section 116.540
CCP 116.540 states:
(h) A party who is an owner of rental real property may appear and participate in a small claims action through a property agent under contract with the owner to manage the rental of that property, if :
(1) the owner has retained the property agent principally to manage the rental of that property and not principally to represent the owner in small claims court,
(2) the claim relates to the rental property.
This section allows a California property management company to appear in small claims court on behalf of the owner of the property in landlord-tenant related lawsuits.
Should a property owner represent an owner in small claims court?
This could be a source of revenue for the property management broker, but could also present risks of negligence, and breach of fiduciary duty.
Listen to the show as Attorney Steve describes the legal risks.
Do I need a special clause for small claims representation in my broker property management agreements?
It would be wise, listen to the show to hear Attorney Steve's general comments on this topic.
As your business grows and you decide to accept new employees, it becomes ever so crucial for <em>both</em> employees <em>and</em> employers to understand how to avoid, handle, and even to pursue or defend claims of discrimination and/or retaliation in the workplace. In this show, Bill and Rick explore the relationship between employer and employee and how specifically claims are to be addressed under both State and Federal law if they do arise, and what can and should be done prior to the onset of litigation.
TEAM WORK READY RADIO SHOW is hosted by Jeff Rose, Ms. Carmen Watkins, Frankie Sanders, Mrs. Pamela Rose, and others plus great guests.
Theme: "False Claims"
Segment 1: "Not Hurt At All"
Segment 2: "Overexagerated Injury"
Segment 3: "Underexagerated Injury"
Segment 4: "Challenged Claims"
Team Work Ready, 877-983-2696 or 713-661-2100, www.TeamWorkReady.com
Michelle claims to have expereinced racism as First Lady.
in Self Help
Dr. Carol Francis invites Tom Paladino who invented a Scalar instrument based on Tesla Technology. Scalar treatments claim to promotes health and wellbeing with phenomenal results. Paladino claims to have successfully used his scalar instrument to remotely disassemble pathogens in the body (including HIV, Herpes, Candida and the Ebola virus.) He also uses the instrument to reassemble nutrients and balance the chakras. The Scientific community has known about Scalar energy for a long time and Governments are using it for their own purposes; however, Tom is a pioneer in Scalar Energy because he is using it to promote health and wellbeing. Tom has also created a Hormone Therapy treatment for both men and women, as well as a Fat Metabolizing treatment which facilitates weight loss without dieting.
Here is a sample of the results people have experienced from using Scalar Energy treatments:
*Disassembling of harmful pathogens in the human body, results indicated by blood tests
*Feelings of being stronger and younger with greater vigor and vitality
*Fading of wrinkles and dark spots
*Softer, clearer skin
*Weight loss without trying
*Elimination of Celiac disease related symptoms (I have experienced this myself)
*Elimination of Psoriasis
*Negative test results for HIV, Hepatitis C, Herpes, Lyme disease and other previously perceived incurable ailments
*Deeper, more restful sleep
*Feelings of being happier and more positive
*Other results, too numerous to mention
Join Dr. Carol Francis, Psychologist, Counselor and Hypnotherapist in Los Angeles Beach Cities area for this intriguing alternative treatment exploration.
On this episode of Patriot Nation Radio we will be Talking with Christine Weick who stole the show taking control of the Microphone at the Muslim day event at the Texas State Capitol and claimed Texas in the name of Jesus. Tune in 6:30pm eastern time, and 3:30pm pacific www.blogtalkradio.com/patriotnation
You can't make this stuff up! Obama said it . . . And he believes it.
Don't warm up your car in Ohio . . . you will be a criminal.
James OKeefe is in fear of his life with his latest bombshell.
Army will now pay for traitor Bradly Manning's sex change . . . Or should I say, you will pay for traitor Bradly Manning's sex change.
Out of control family court judge.
Tune in every weeknight at 8:00pm to 10:00pm to hear The Captain unlock his treasure chest of opinions and ideas, facing all matters of Constitutional Freedom.
Asknod says "Today we are going to make radio history. I’ve kept my identity anonymous for six long years in an attempt to protect my claims from “shrinkage.” I won on November 21 officially as most know. There is no more need for secrecy. Some of you already know me from Veterans Today . "
Imagine going to Police Station and asking for help only to be turned away multiple times. This doesn't just happen on police television shows, but often by those attempting to report harassment at Law Enforcement Offices. What becomes more unbelieveable is calling 911 to report harassers and told they are not one of them only to find out these people are agents of police working with insurance companies or employers. Who do these people truly protect and serve? How can they be impartial when they have already chosen sides?
Policyholders only one paycheck away from homelessness have little chance to defend themselves against harassment and intimidation in order to eliminate benefits from a car collision. Come find your voice todayby bad faith insurance behavior against Policyholders.
Today is Tuesday 31 March 2015 and this show is the last one for March 2015! Todays Host is our own Stephanie Ruscigno who is dealing with the twin subjects of Military Sexual Trauma and Post traumatic Stress and its affects on Veterans after their service is done. We will be talking to women and men who have had this aweful experience in the United States Armed Forces
and your call to our Brooklyn, Navy Yard,
phone number (357) 884-8078
we will have a full show and look forward to
begin with you. Beginning at 2300 pm Zulu!
for our CIVILIAN CONUS friends that would be
8pm Atlantic/7pm Eastern/6pm Central/5pm Mountain/4pm Pacific
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