Bedbugs in San Francisco: Your Landlord Has to Tell You

I know this is not a fun topic for people, but I have represented clients who have had bedbugs and it was a nightmare for them. Unfortunately, some buildings in San Francisco have bedbugs.

When moving into a rental in San Francsico, ask your landlord if there is a history of bedbugs. Under the San Franicsco Health Code a landlord is required to disclose the past two years of bedbug history in the rental unit. This law went into effect in December 2012 but not many tenants know about their right to disclosure.

Hopefully this could save someone from getting bedbugs!

Real Civil Litigation Tips: General Objections in Discovery Responses

How many times have you cut and paste the same template for discovery responses?  Every one has general objections at the top that take up space, take time to find and replace the party names and change the gender agreement.  Have you ever cited a general objection in opposing a motion to compel?  How about when you bring a motion to compel?  Ever asked opposing counsel to provide a further response because he or she had a general objection?  I believe this is another follow the herd moment where people just do what people have done before.  Unless you think they are seriously warranted in a particular case, I would cut them out.

For example, stating generally that you are not waiving the attorney/client privilege does not need to be said.  I am confident the privilege is strong enough to hold up without needlessly stating it again at the beginning of each discovery document.

Another unnecessary concern is when you state something  like "these are all the documents we have at this time and we reserve the right to produce more documents and will supplement these responses." First, you may have created an obligation for yourself to turn over new documents on a rolling basis.  Second, of course these are all the documents you have at this time.  That is all a discovery request can ask and that is all you can respond with.

Real discovery responses should have pointed objections to the actual discovery response.  In my opinion, this makes your objections stronger and it looks like you took time to think about your responses.  If it goes before a judge, you have clean responses that show your intent to specifically object.

Stages of a lawsuit

You may wonder what the steps are for your lawsuit.  After the initial consultation, I will investigate your case to line up the facts, witnesses, and documents we need to move forward.  Next, I will file a lawsuit on your behalf and serve it on the defendant.  The defendant will have a month to answer the lawsuit, also called a complaint.  There may be some motions to delay the complaint, but setting that aside, the defendant will answer the complaint.  This means the case is "at issue," and can move forward.

The next step is written discovery.  Each side will send written questions, also called interrogatories, to each other to find out information about what the other side knows.  Each side will ask the other for documents and witness names regarding the complaint.  There may be some fights whether the defendant is really handing over the information it is supposed to.

After I am satisfied with the information I have received, I will take depositions of the defendant and other witnesses to get their statements about what happened.  A deposition is where someone has to testify under oath about what information they have about the complaint.  Likewise, the defendant will most likely take your deposition to find out your story.  Before that happens, I will meet with you to prepare you for the questions the opposing attorney will ask and be next to you the whole time.  While the process may appear intimidating, I can walk you through the procedure to make you feel more comfortable.

After depositions, the parties will likely decide to mediate the matter.  This is when a retired judge or seasoned attorney will act as a neutral third party and try to help both sides come to a resolution.  It is like a timeout from the case to try to resolve it informally.  A defendant will most likely make an offer to resolve the matter at this time.

If a defendant is unreasonable with its offer and we cannot resolve the matter at mediation, then the case moves forward toward trial.  A settlement can still happen before trial, and I will be there to consult you whether or not that makes sense. First and foremost, I am always prepared to try every case and will do so to protect your rights.

At trial, you will be able to tell your story to a jury.  I will present evidence, such as testimony from other witnesses and by presenting documents to show the wrongdoing of the defendant.

With court delays and other issues in the litigation, it should take nine months to a year for your matter to resolve.  Some take less time and other more. 

I can explain the litigation process in more detail in an initial consultation.

Should I file a lawsuit--more concerns

You may be apprehensive to file a lawsuit.  You may not think that you have a claim or that anyone will take you seriously.  If you have dealt with an insurance adjuster regarding your claim, they get paid to make you feel that way.  Just because you speak with an attorney, that does not mean you have to file a lawsuit.  A lawyer can help you evaluate your claim and see if pursuing it makes sense for you.  You should not feel pressured to file a suit.  But, if you have been injured or taken advantage of, it is in your best interest to evaluate all your possibilities.  Then you will have the knowledge to make an informed decision about what the best steps to take to resolve the issue.

Initial consultation: what should I bring?

For an initial consultation, you should bring two things: your story and your documents.  To make your case, we need to tell a compelling story.  Explaining what happened in your own words is invaluable.  To back that story up, however, I need to review your documents.  Documents are key to evaluate your case and to show others that your story is verifiable.

What documents should you bring to an initial consultation? The short answer is bring all of your documents.  Instead of trying to figure out what documents are necessary, it is much easier for you to bring everything and let the attorney figure out what is important.  That is what you are paying for when you hire an attorney. 

Specifically, if you received medical care for an injury, bring medical records and bills related to that treatment.  If you missed work, bring documents that show your lost income.  If you have damaged property, bring documents showing repairs.  If you have pictures and video, bring those or bring your phone or computer with the information on it.

If you have a dispute with your employer, bring your employment agreement, pay stubs, and any correspondence you have had with your employer.

If you have a dispute with your landlord, bring your lease.  Bring and any correspondence between you and your landlord or any government agency. 

If you were denied coverage for an insurance policy, bring that policy and any denial letters or other correspondence with the insurance company.  Bring your medical records and correspondence with your employer. 

Any documents you show me will be kept confidential unless we decide that they need to be used to prove your case.  Just because you bring documents does not mean that it will be shared with anyone else.  That is why it is better to be inclusive and bring more documents than you think might be necessary.

Are my conversations with an attorney privileged?

When you consult an attorney, you should not worry that the conversation will be shared with others.  Even if you and an attorney decide not to work together, the conversation you two had is privileged.  I will not share anything you tell me with people outside of my firm.

This is commonly referred to as the attorney/client privilege.  It should be called the client/attorney privilege because the decision whether to share information is with the client.  As the client, you are hiring an attorney to represent you and keep your information confidential.   The attorney cannot share information unless you direct him or her to do so.  You control disclosure of information.

When you hire an attorney, you are using their services to help you reach a goal.  But your information will not be shared unless you direct it to happen.  You can feel secure when you meet with me to discuss your case that your information will be kept confidential.

Should I file a lawsuit?

Filing a lawsuit is a difficult decision.  My goal is to give you as much help as I can to understand the process and to make an informed decision.  There are other options besides filing a lawsuit that I can discuss with you.  Certain matters can resolve with a pre-litigation demand.  This means that I can negotiate with the insurance company for the person who injured you and try to resolve the matter without filing a lawsuit.  This is faster and less public way of resolving a dispute.  It may not work in all cases, but if it is possible, I will discuss this option with you.  If you have any apprehensions about filing a suit, I am more than happy to speak with you about your options.