Legal Question in Real Estate Law in California
Smalls Claims Court
I lost a case based on a forged Property Management document submitted by the plaintiff. How do I get a copy of it to prove it is not my signature? Are e-mails considered a real property Property Management contract in the state of CA? Thank you.
1 Answer from Attorneys
Re: Smalls Claims Court
If you lost a case in small claims, you are entitled to a "trial de novo" meaning re-starting from ground zero with a new trial on a fresh record, in Superior Court. That would be your opportunity to present your case including proof that the document has a forged signature, if the plaintiff re-introduces it in the re-trial.
You get a copy of it by discovery or subpoena methods. You could, however, try just asking him for it.
E-mail exchanges could form a real-property management contract if the judge or jury believes the parties intended that result at the time the e-mails were exchanged. An electronic signature on the e-mail is probably sufficient to satisfy the Statute of Frauds. The intention of the parties is much more important to the binding nature of an email exchange than is any format issue or strict legal technicality. Electronic deal-making is widely acceptable under current law.