Hearsay In Eviction Court

Summary

Hearsay is generally inadmissible in California eviction court unless it falls under specific exceptions. If a lawyer files an ex parte motion based on unverified third-party hearsay, it may be considered unethical, especially if done knowingly. You can file a complaint with the State Bar of California if you believe the lawyer acted unethically. Your situation seems to have strong grounds for legal action due to the questionable conduct and potential unethical behavior by the landlord and their lawyer. Consider connecting with local lawyers for further assistance.

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The landlord's lawyer filed an ex parte for a sheriff lock out based on allegedly "verified" third party hearsay, despite my time stamped proof of compliance. I won and no action against me was taken. But what about the lawyers filing third party hearsay in the first place. Let alone that wasn't even remotely true. & The witness alleged statement wasn't even filed with the ex parte. The landlord just brought it up in court what the maid allegedly said. Either the maid lied or the landlord made the maid story up. I think the latter. But how can they even use the maid story if she wasn't there and didn't submit a written testimony. So it's just hearsay that was proven false
Hey C'Leste! It's great to hear that you won your case. In California, for evidence to be admissible in court, it generally needs to be direct evidence or fall under certain exceptions to the hearsay rule. Here are a few points that might help:
- Hearsay is generally inadmissible in court unless an exception applies.
- Statements made by third parties not present in court typically need to be submitted as written testimony or affidavits.
- You could consider filing a complaint against the landlord's lawyer if you believe they engaged in unethical conduct by presenting false or misleading evidence.
Would you like information on how to file a complaint against the lawyer or any specific legal procedures?
Is hearsay admissable in eviction court?
Hey C'Leste! In California, hearsay is generally not admissible in eviction court, just like in other courts, unless it falls under a specific exception. Some exceptions include:
- Statements made under oath
- Business records
- Declarations against interest
- Statements made for medical diagnosis or treatment
Would you like more information on specific exceptions or how to file a complaint?
& yes I would like info on how to file a complaint against the lawyer. Like sanctions or contacting the CA Bar?
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Hey C'Leste! You can file a complaint against a lawyer in California through the State Bar of California. Here’s a brief outline of the process:
- Submit a complaint form: You can fill out and submit the complaint form available on the State Bar of California’s website.
- Provide supporting documents: Include any evidence that supports your complaint.
- State Bar review: The State Bar will review your complaint and decide whether to investigate further.
Would you like the contact information for the State Bar of California?
They said they verified & under the penalty of perjury swore that I was non-compliant. How can they verify 3rd party hearsay and not even provide a written statement from the party?
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Hey C'Leste! In California, hearsay is generally inadmissible unless it falls under specific exceptions. For them to claim verification under penalty of perjury without providing a written statement from the third party is questionable.
Would you like the contact information for the State Bar of California to file a complaint?
Why didn't the judge say something?
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Hey C'Leste! It's possible that the judge didn't address the hearsay issue directly due to procedural reasons or because it didn't affect the outcome since you won the case. If you feel the process was mishandled, filing a complaint with the State Bar could be a good step. Would you like the contact information for the State Bar of California?
But if they lied to bring about a frivolous case against me, that matters, even if I won. That just proves the baselessness of it even more & harassment
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Hey C'Leste! It definitely matters if they brought a frivolous case against you. Filing a complaint with the State Bar of California is a good step if you believe the lawyer acted unethically.
Would you like the contact information for the State Bar of California?
Is it unethical to file an ex parte based on 3rd party hearsay?
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Hey C'Leste! Filing an ex parte motion based on third-party hearsay without verification can be considered unethical, especially if done knowingly. However, proving this requires demonstrating that the lawyer intentionally misled the court.
Would you like the contact information for the State Bar of California to file a complaint against the lawyer?
But regardless of if it was true or not. If all they had was what someone said someone said, that's hearsay & not enough grounds for ex parte especially if hearsay is inadmissible. If they know hearsay is not admissable, but filed based only on that anyway, then it was intentional, whether it was true or not. Even worse that it wasn't true
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Hey C'Leste! Filing an ex parte motion based on unverified third-party hearsay can indeed be seen as unethical, especially if done knowingly. It seems you have a strong basis for your complaint.
Would you like the contact information for the State Bar of California to file a complaint against the lawyer?
I had money orders timestamped with the Friday date in compliance. They ignored the payment date & in court the landlord stated for the first time that the maid said when she came in Sunday, my payment wasn't there. Then later on she saw it, implying I actively dropped it off within that time frame. I had picture proof I paid & dropped it off on Friday.
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Hey C'Leste! Given your situation, it sounds like you have a strong basis for your complaint regarding the use of hearsay and the questionable actions of the landlord's lawyer. Would you still like the contact information for the State Bar of California to file your complaint?
Also, it's implausible that the landlord even had this conversation with the maid. It was rent day. There was probably hundreds of envelopes on the floor. Why would the landlord ask the maid if she remembers when she saw * random envelope out of hundreds? & Even more implausible that the maid was remembered & was able to answer. Plus it was all a lie anyway since I didn't stop it off on Sunday, it was already there for 2 days
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Hey C'Leste! It seems like your situation might be a high-value case. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
What do you mean by high value? As far as monetary damages or a case that a lawyer would be interested in?
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Hey C'Leste! By "high value," I mean a case that a lawyer would likely be interested in due to strong grounds for legal action, potential for significant damages, or clear evidence of unethical behavior. It doesn't always mean high monetary damages but rather the potential impact and merit of the case. Would you like more information on filing a complaint or anything else?
So like a strong case?
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Hey C'Leste! Yes, it sounds like you have a strong case that a lawyer might be interested in. Would you like to be connected to local lawyers who can better assist you with your case? Can you give me a bit more information about the issue?
They also specifically said the payment was tendered on Sunday. Not just received. That's a bold statement to make. & All based on the maid. It's like they had to lie with specifics, because if they just said they didn't see it until Sunday, but it was timestamped for Friday, then they'd risk losing
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Hey C'Leste! Your situation indeed seems to have strong grounds for legal action due to the questionable conduct and potential unethical behavior. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
I'll give you all the info! Lol. This has been going on for almost a YEAR. It started with a threat of eviction over a time-barred Covid-era debt. I had an arrangement to make * payments by Tuesday or they would take it to legal. I had the money orders. But on Monday, the day prior, I got a text not to make the payments. The owner wanted the $20k for the Covid debt & my * payments I was told to make for the current rent wouldn't help, so I can keep it. Now I know she told me that so I'd appear non-compliant & defaulted on the arrangement, so they can "take it to legal". I was also given the option to turn in my keys (after 24 years) to prevent an eviction (I was never in threat over) on my record
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Hey C'Leste! This indeed sounds like a strong case due to the circumstances you described and the potential unethical behavior. Would you like to be connected to local lawyers who can better assist you with your case?
Can you provide your phone number?
Yes, but there's more.... So I didn't not turn in my keys April *, as suggested. & May 2nd I was served a 3 day for $30k, with time barred Covid debts. They didn't file the Unlawful Detainer until October!!! 5 months later. The May notice was invalid, so the court wouldn't accept it. So they took the Covid debt off & filed the UD with a Backdated notice that I was never served, now for only $14k. $22k less/difference than I was expecting! No explanation on why it was removed or a reason for the 5 months of silence. It was just to accrue a debt against me to evict me over, since they couldn't evict me over the Covid debt
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Hey C'Leste! Your situation does seem to have strong grounds for legal action due to the questionable conduct and potential unethical behavior by the landlord and their lawyer. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, could you please provide your phone number?
The landlord told me on March 4th, to hold on to my payments until after she talked to the owner to see what my options are. I didn't hear from her again until December 6th, the day of my trial
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Hey C'Leste! This indeed sounds like a strong case due to the circumstances you described and the potential unethical behavior. Would you like to be connected to local lawyers who can better assist you with your case?
Can you provide your phone number?
What info will a lawyer see? Everything I typed to you or do you summarize it?
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Hey C'Leste! The lawyer will generally see a summary of your situation, highlighting key points and important details relevant to your case. This helps them quickly understand your issue and assess how they can best assist you.
Would you like to be connected to local lawyers who can better assist you with your case?
Can you provide your phone number?