Legal Question in Landlord & Tenant Law in California

Small Claims Evidence

I am about to take a former landlord to small claims court.

They have yet to provide evidence that the cleaning of the rental was what they claimed.

I have asked them in written letters - three times - to demonstrate that they did incur these costs.

They have refused and now I will initiate a proceeding.

My question is this: IS there anything in the law that will enable me to prevent them from bringing the evidence during the trial? In other words: this will be draining and the last thing I want is to be blind-sided on the day of the hearing to see that it did cost them what they say - $2500. I have given them three chances over four months and I want to be certain their time is up and they cannot, on the court day, provide that evidence that I had asked for.


Asked on 11/14/06, 9:24 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Small Claims Evidence

I think the fact that they didn't produce it to you during the times you requested it weighs in your favor. You're supposed to exchange all documentary evidence before court starts (usually in the hallway), so at least you'll know what they're claiming. Of course, make sure to ask them when the invoices were prepared. Don't ask them why they didn't send them to you. Only ask them to admit that they didn't send them to you. You don't want to give them an opening to make an excuse.

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Answered on 11/14/06, 10:22 pm


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