Can you inforce an photocopy contract?

[blau]

What is the name of your state? CA

I purchase and building. The building have a lease real estate contract with the previous owners. The are claiming that the sales of the property does not abrogate the contract.

I called initicially and they are playing real hard ball with me. When I question them about weither they have the orginal contract (written 10 years ago). The said obviously I did not know what I was talking about and hang up on me.

I wrote them more letter and finally they had their attoney wrote me a letter saying they have answer all of my questions. But to this date they still have not answer if they have the orginal or not.

I have somepeople say that unless it is the orginal it will not be admissible. I personally had lost a case because I did not have an orginal lease contract.

blau

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

I purchase and building. The building have a lease real estate contract with the previous owners. The are claiming that the sales of the property does not abrogate the contract.

I called initicially and they are playing real hard ball with me. When I question them about weither they have the orginal contract (written 10 years ago). The said obviously I did not know what I was talking about and hang up on me.

I wrote them more letter and finally they had their attoney wrote me a letter saying they have answer all of my questions. But to this date they still have not answer if they have the orginal or not.

I have somepeople say that unless it is the orginal it will not be admissible. I personally had lost a case because I did not have an orginal lease contract.

blau

My response:

Under California Evidence Code section 260, "Secondary evidence" (formerly called the "best evidence rule") can be admitted into evidence under certain conditions.

Absent the original, the content of a writing may be proved by otherwise admissible secondary evidence unless:

• A genuine dispute exists concerning material terms of the writing and justice requires the exclusion; or

• Admission of the secondary evidence would be unfair. [Ca Evid § 1521; see In re Crooks (1990) 51 Cal.3d 1090, 1100, 275 Cal.Rptr. 420, 427 (decided under former best evidence rule); People v. Garcia (1988) 201 Cal.App.3d 324, 328-330, 247 Cal.Rptr. 94, 96-98 (decided under former best evidence rule)--claim of unfairness "must be based on substance, not mere speculation that the original might contain some relevant difference"]

A duplicate is any copy that "accurately reproduces the original" (e.g., a photocopy). [Ca Evid § 260]

Duplicates are clearly "secondary evidence" of a writing's content. [People v. Bizieff (1991) 226 Cal.App.3d 1689, 1697, 277 Cal.Rptr. 678, 682 (construing former "best evidence rule")]

IAAL

 

[blau]

Under the 2nd evidence what constitute unfair

Admission of the secondary evidence would be unfair under what circumstances.

In my case would it be unfair the contract was sign by agents of a third party over 10 years ago and there is no way I could Authenticate the content of the lease.

For all I know this could be altered or this contract could have been replaced by another.

blau