Legal Question in Appeals and Writs in California
Power of Attorney for parents when dependant is absent
Can my parents attend a superior court date on my behalf because I will be out of the country studying abroad?
I and three roommates sued our landlord in small claims court for return of our deposit. A judgement was issued in our favor.
The landlord is appealing this judgement to the Superior Court of Santa Cruz, California. On the court date which was assigned, two of us will be out of the country.
What do I have to do to give my parents right to speak on my behalf at that court date?
Thank you.
3 Answers from Attorneys
Re: Power of Attorney for parents when dependant is absent
They can not speak on your behalf since they are not attorneys. You should have an attorney represent you. Our firm handles cases throughout California. Please contact our office for consultation and review of your documentation.
Re: Power of Attorney for parents when dependant is absent
If they are licensed attorneys, just send them. If not, you will probably need an attorney to represent you. Check your lease and see if there is a clause saying that the winning (or prevailing) party in litigation can recover attorney fees from the other.
You could also call the clerk of the court and ask if there is a way to get a postponement until you get back. But you will have a better chance to win with an attorney.
Re: Power of Attorney for parents when dependant is absent
You should arrange with the court clerk of the judge who will actually hear the case to continute it to a date ceratin when you will be able to personally attend. You could go to the court and speak to the clerk in person (best choice) or call first and then write a letter to the court (clerk) explaining why a continuance is necessary. Make sure you send and show a copy to the landlord. (Is it possible the landlord will agree to the continuance?) If so, a simple letter agreement signed by both and sent to the court clerk should suffice.
Whatever you do, do it immediately.
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