Gerald Barry Dorfman

Gerald Barry Dorfman

  • Real Estate Law, Business Law, Personal Injury...
  • California
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Claimed Lawyer ProfileQ&ASocial Media
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
171 Questions Answered

Q. what is the "duty of care law" in disclosing a murder in my home of a very young child by a management co.
A: Did the death occur more than 3 years before you offered to rent? If not, then, yes they should have disclosed it, and you can sue. See Civil Code section 1710.2, which includes the following: (a) (1) Subject to subdivision (d), an owner of real property or his or her agent, or any agent of a transferee of real property, is not required to disclose either of the following to the transferee, as these are not material facts that require disclosure: (A) The occurrence of an occupant’s death upon the real property or the manner of death where the death has occurred more than three years prior to the date the transferee offers to purchase, lease, or rent the real property.
Q. Is there anything I can do if my project is not done by the contract date?
A: Usually not, but it is important to review the specific terms of the contract. Does it state that time is of the essence? Are there any provisions deducting payments if deadlines are not met? If not, is there something about the circumstances that make it obvious that some sort of damage will result if there is not strict compliance with the deadline? If no to all, then the next best thing would be to write to the contractor documenting the situation and pointing out any problems it is causing you. If it drags on a very long time, you may be able to have it sue, (possibly have it finished by someone else) and you can complain to the Contractors State Licensing Board.
Q. Can home owner perform property enhancements without permission from active renter occupying the property?
A: The specific facts matter a lot in the type of situation you describe. You are on the hook for the rent, but the landlord has a duty to mitigate their damages. If they are actually pulling the unit off the market, rather than trying to rent it, you may have a defense to further rent payments. The investment in a consultation and possibly a lawyer letter would probably make sense for you.
Q. Do we have a case here?
A: Your situation is very fact specific, and will require a consultation and document review in order for an attorney to properly advise you. There are factors which may weigh on both sides (or 3 sides). For example, what measure of due diligence did your partnership engage in? Is there title insurance? What written representations were made by the agent or seller? Also, much will depend on the strength of proof of the anticipated damages.
Q. Mother passed but created trust with husband. she left 2 kids to be taken care of in trust.
A: In addition to Mr. Last's fine explanation, I would just emphasize that once your mother passed, her portion of the trust became "irrevocable", meaning it could not be changed. The husband now changing it violates that rule. You really do need to get a lawyer right away.
Q. Is it usual for a plaintiff attorney to charge a fee when participating in a mediation session when the client/attorney
A: The contract makes no mention of what, mediation? No doubt the contract mentions the attorney getting a fee. If you have an hourly fee contract, anything the lawyer does within the scope of the case will be charged. If you have a contingency fee contract, then the attorney will only get a fee if you obtain a money result. If you are asking about costs, as opposed to fees, how those are handled should be discussed in the contract.
Q. How do I process a 28 year old will which never went through probate?
A: You can still file for probate. If you were named executor in the will the court may decide you waived your right to be appointed executor.
Q. What do I do if insurance lawyers in a car accident suit reached out to me as the opposing party to discuss settlement
A: Attorneys are forbidden by the rules of professional conduct from contacting people regarding a matter in which the person is represented by counsel. You should inform your attorney of this attempt.
Q. If I was served on a monday and I have 5 days to respond. Would that make the following Monday my last day to respond?
A: Yes.
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Contact & Map
Mailing Address
PO Box 1056
Mill Valley, CA 94942
USA
Telephone: (415) 389-9590