Gerald Barry Dorfman

Gerald Barry Dorfman

  • Real Estate Law, Business Law, Personal Injury...
  • California
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Practice Areas
  • Real Estate Law
  • Business Law
  • Personal Injury
  • Arbitration & Mediation
  • Appeals & Appellate
  • Elder Law
  • Landlord Tenant
  • Probate
Additional Practice Area
  • Litigation
Fees
  • Credit Cards Accepted
    Through PayPal and Venmo.
  • Contingent Fees
    Contingency fees range from 15% to 45%. These apply to personal injury cases, and select other matters.
  • Rates, Retainers and Additional Information
    Regular hourly rate is $400.
Jurisdictions Admitted to Practice
California
9th Circuit
Education
Columbia University
B.A.
UC Hastings COL
Law Degree
Awards
Lead Counsel Rated
Lead Counsel
Lead Counsel Rated
Lead Counsel
100 Trust Rating
LawGives
Professional Associations
California State Bar # 107581
Member
- Current
Websites & Blogs
Website
Dorfman Law Office
Legal Answers
33 Questions Answered

Q. I purchased a house and it was not disclosed that I was supplying power to a neighbor. I would like to be reimbursed.
A: You have potential grounds for lawsuits against the seller and your neighbor. While the amount may be within the limit for small claims court, there are reasons for and against filing there for this case. For example, there is no right to "discovery" in small claims, and you do not know all the facts you need for trial. Also, there may be potential punitive damages available for fraud. On the other hand, small claims is inexpensive if you will be representing yourself, and you may be able to informally solve the factual issues. On another side, you may be entitled to attorney fees under the contract of sale, but you could not get them in small claims (except a very small sum in the case of an appeal). So, I recommend you invest in a consultation with an attorney to review all the facts you have, the contract and disclosure documents, and evaluate your options.
Q. Can a county become a defendant in a public nuisance action?
A: There may be another remedy, such as taxpayer action, but there is no private right of action for a public nuisance (with a very limited exception). The State may be able to bring such an action against a county, but not a private citizen.
Q. 1 yr lease, month 10 he says he's selling @ end. Found new place, informed & moved month 11. Can he keep prepaid last?
A: Technically, landlord has to make a reasonable effort to rent the property for the last month, but then if can't get tenant, you are on the hook. Keep in mind that, although the situation is certainly understandable, it is you who failed to comply with the lease term. It was your choice to leave early. Sorry to give you bad news.
Q. I live in Tiburon,CA. I have a Driveway and Swimming Pool easement with my neighbor. I own the Swimming Pool.
A: 1. Believe them, live with the conditions, have a nice summer. 2. If suggestion number 1 is not acceptable, have a consultation with a real estate attorney regarding possible options; and be prepared to spend some money for repairs.
Q. If I damage a non functional garage door, am I also responsible to repair the damage prior to accident to landlord ?
A: You are only responsible for repairing the damage that occurred while you were a tenant. If it is possible to repair the door, so it is back in the same condition as it was when you started renting (except for normal wear and tear), then that is all you have to do. However, it is possible your rental agreement, lease, or something else you signed says that everything worked and was in good order when you moved in. If that is the case, it could be a problem to prove otherwise.
Q. I thought it was illegal to increase rent more than 10%.
A: Very few jurisdictions have rent control. The only state-wide rules regarding rent increases have to do with how much advance notice must be given for an increase. If you are without heat or air conditioning, that may be an issue regarding habitability, and could affect how much rent you are responsible for while the conditions continue. If that is the case, you should consult a landlord tenant lawyer.
Q. Original will lost all we have is an unsigned copy of it what can we do about filling probate?
A: I agree that this is going to be a court battle. Who the person was who had last possession of the will will be a factor, and having the two or more witnesses who signed the original will help. Because you can expect a trial, you really need an experienced attorney.
Q. Tenant moving out before the end of lease without paying rent. Says she found a replacement which we did not accept and
A: Normally, a tenant is responsible for finishing a lease term, including paying rent. A landlord must try to "mitigate" their damages. That means, if a tenant breaks a lease, a landlord must make reasonable efforts to re-rent the property. Those are the general principles. You have not provided enough detail to say much more about your specific situation, such as whether the lease provides for a different set of rules under the circumstances. Because your situation involves two months rent (and potential attorney fees, if provided for in your lease), it would be worth you while to have an attorney review your situation.
Q. I had a Family Trust done by an attorney in 2013. He is no longer in business. How do I find out if it is a legal Trust?
A: Just have an attorney review it. That will not cost anywhere near as much as having one set up from scratch. It's a good idea to periodically review your estate plan anyway.
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Contact & Map
Mailing Address
PO Box 1056
Mill Valley, CA 94942
USA
Telephone: (415) 389-9590