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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.
Episode 91 Sunday Night Small Talk 8/30/15
You are listening to G220 Radio! I am your host Ricky Gantz and I want to welcome you and thank you for joining the program. The purpose of G220 Radio is to talk about a wide variety of topics from a biblical worldview. My hope is that you will be edified, equipped and encouraged during the show. And I would love to hear your feedback about what you hear on G220 Radio, by going to our facebook page or twitter account or you can send your feedback by email to email@example.com or call 1-216-744-95811-216-744-9581 and leave a message. If you have an iTunes account then go subscribe to G220 Radio on iTunes then once you do that please rate and review the podcast.
On this episode of G220 Radio the phone lines are open 347-857-4028. Call in and share whats on your mind, who knows where the conversation will go tonight. Have you participated in the "Question of the day?" that I usually ask everyday on my facebook page? Well tonight we will look at some of those questions and the answers that have been posted in response.
Also hoping to get to some What's in the News segments as well as some Big Bad Wolf segments time permitted.
Raising up the community.
Tonight on my virtual sofa is Lon C aka Elohin. He brought some music, and some chit chat about his current projects. Excited to hear all about it. You can call in or tweet me with questions for the artist.
Visit him on the web at:
This week we'll interview Tim Hobbs, the owner of DataConnect Corporation in Centennial, Colorado, and a board member of the Small Giants organization. Why would a business person want to hear about Small Giants? Because every conversation, discussion, event, best practice, workshop and conference is defined by shared values. Because you want to do your part to change how the business world defines success. Because your business is built on passion, great relationships, principle, community and a desire to achieve sustainable growth.
In his book Small Giants: Companies That Choose to be Great Instead of Big, (Paragon 2006) Bo Burlingham observed a set of six common characteristics in the unique and inspiring companies he was examining.
He dubbed the combination of these characteristics to be “business mojo.” The Small Giants Community serves to make these characteristics more common in how small business owners run their businesses.
The Small Giants Community champions the importance of the Return on Values business model and serves to: create a practitioner driven learning experience and community; establish a body of knowledge to support and develop adopters, and influence the business community through media, thought leaders and academia.
Colorado native, Tim Hobbs is a speaker, entrepreneur and philanthropist. He has been the CEO of Data Connect Corporation since April 1988. He serves on the board of Small Giants Community, a global membership organization focused on the promotion, implementation and advancement of running a successful values-driven business. Tim is also the President UrantiaUniversity Institute, online classes to actualize the personal potentials of mind, matter and spirit through enlightened study, service and experience.
Please join us for this great episode!
Join The Paranormal Outlaw and special guest cohost Michelle Herald as they welcome Robbin Terry. Robbin is the owner of Ashmore Estates, The R Theater, and the Original Mystery Machine. His properties have been featured on Ghost Adventures, Ghost Hunters, and Strange Curiosity. Robbin also has an extensive collection of paranormal equipment and haunted objects. Tune in to hear about the claims associated with these locations, and what it's like to live in the haunted R. Theater (reportedly haunted by John Wayne Gacy ).
in Self Help
Write Books That Sell Now: Three Weeks with Candice L. Davis, Anita Henderson, and Carol Dunlop, Part III
Carol Dunlop mastered the tools of visual communication and design long before computers and the Internet became viable resources for small businesses. With over 20 years of experience in web technology internet marketing and social media marketing, Carol works with her clients to ensure their voice is heard over all the noise on the Internet.
She believes your business hub is your website and that business owners can use social media to have fun, get the conversation started, grow brand awareness, build trust and ultimately convert their fans, friends and followers into paying clients.
Visit www.OptimumBodySculpting.com to get my Free E-course How to Burn Calories While You Sleep when you sign up for the Fitness-4-Life newsletter.
Visit Carol J. Dunlop, CPT, Fitness Professional, IAFS Certified Master Trainer, Weight Loss Coach at:
Register NOW for Write Books to Win Business, Wednesday, October 28th, 9:00 am-12:00 noon in Atlanta, Georgia. Put your knowledge to work in your own book! In partnership with Write Books That Sell Now and Professional Women's Information Network (ProWIN)
in Self Help
Authoress Tonya Wilson of “The Time Is Now” sheds light On Issues Of Addictions, Recovery & Deliverance. On Sunday, August 30, 2015 @ 7:00 PM EST. If You Need Inspiration, Answers, or Support, The Time Is Now! Her Guest Panelist This week is, AUTHOR KIM L. THORTON .....Author Kim L, Thorton is a native of Alexandria, Virginia. She is also the CEO and FOUNDER OF PARKS & DAVIS PUBLICATIONS. Join us as she shares her story of addiction, incarceration, and recovery. The call in number for the show is 1-347-884-8924. You can also listen on your computer and chat with us at this link > http://tobtr.com/s/7878697
The Recovery Corner is proudly brought to you by "The Literary Corner" we also provide a diverse platform to bring awareness to socioeconomic issues within our community, Christian Values, promotion of Small Businesses & Support of Non-Profit organizations. Our Partnering NOP, The Theodore House provides invaluable services for people who suffer with addictions, mental health, homelessness & HIV. For information please contact: Ms. Tamikia Randall www.theodorehouse.org
in Self Help
If you think Feng shui means that you need to remodel your home, move the front door or staircase in order to have ‘good feng shui’, you might be wrong. With Instinctive Feng Shui sometime making a tiny change in a space can create huge results in how it feels and this ripples into you life. Join Host LuAnn Cibik for ways to make these small changes, and how to build up your energy for bigger changes that you feel necessary.
About LuAnn: LuAnn Cibik is a Master Educator of Interior Alignment and has been a full time practitioner and teacher since 2003. LuAnn’s training includes Certified Soul Coach, Elemental Space Clearing, Soul Coaching Master Oracle Card Reader, Gateway Dreaming Practitioner, Fashion Feng Shui Facilitator, and various certification in color therapeutics, aromatherapy and other medical qigong therapy. She loves integrating the world of energy and spirit into everyday life in practical ways. She lives near Pittsburgh PA, on her 30 acres retreat and education center with her husband Ted, and their pack of four legged babies. You can find out more about her www.inner-harmony.org
Join us this week as we welcome country music singer songwriter, Ryan Broshear. Ryan is the living breathing embodiment of Country Music. From growing up on a farm to paying his dues in smoky nightclubs, he experienced love and loss while chasing his dream of music. His entire life has been set to the soundtrack of a classic country song. After scoring some hits with his self-titled album from 2012 (like “I Don’t Mind” and “Make Each Moment Last”), Ryan Broshear returns with his new just released six track EP "Paint It Red" (Painted Horse Records). Each of the songs on his new EP, including the mid tempo melodic “Spin Me” and radio-ready anthem “Friday Night In A Small Town”, is written or co-written by Broshear except for “Boots,” a song producer Daniel Agee co-wrote with Justin Weaver. While solidly a neb-traditionalist type of artist, "Paint It Red" showcases how such an artist can release music which is both traditionally-minded and contemporary at the same time. The new EP album from Ryan is available now at all fine digital outlets. We will talk to Ryan about his upcoming schedule, get a behind the scenes look at his music, feature his latest songs, and ask him to share his message for the troops. Please be sure to visit Ryan Broshear at http://www.ryanbroshear.com/ and spread the word. Fans are welcome to call in and speak live with Ryan during the show (718) 766-4193. If you would like to participate in the live chat during the show, you must sign up on the show site first and then log in during the show. And as always we will give shout outs to our deployed military listeners. Be sure to join us, Sunday 8/30/2015 at 4 PM EDT! Our message to the troops: WE do what we do, because YOU do what you do.
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