J
jrb0301
Guest
What is the name of your state?California
We purchased our home in Oct. 2003. We recently discovered termite damage in the lower level walls. Repair is neccessary & will cost $1980. We have filed a small claims suit against the previous owners for nondisclosure.
The house was previously used as a rental & the tenant who resided in it for 12 years told us that he informed the previous owners of the termite problem about 10 years ago. Like most maintenance issues they ignored the problem. The tenant sprayed Raid around the window where termites were swarming out of the wall & eventually they stopped coming out of the wall, but nothing was done to adress the termites living in the wall.
He originally agreed to be a witness for us and provide a written declaration, but is now reluctant due to fear of reprisal form the previous owners. I obtained a subpoeana today from the court but I have not served it.
I know his preference is to not go to court, and I feel a little bad about subpoenaing him. If he provides a written declaration, I will not serve the subpoeana. Does he have to send the declaration to the court himself, or can he give it to me to bring to court with me? Will the court consider a written declaration with as much weight as they would with verbal testimony? Court date is June 2, so I believe would need to serve the subpoeana today or tomorrow. Any advice?
We purchased our home in Oct. 2003. We recently discovered termite damage in the lower level walls. Repair is neccessary & will cost $1980. We have filed a small claims suit against the previous owners for nondisclosure.
The house was previously used as a rental & the tenant who resided in it for 12 years told us that he informed the previous owners of the termite problem about 10 years ago. Like most maintenance issues they ignored the problem. The tenant sprayed Raid around the window where termites were swarming out of the wall & eventually they stopped coming out of the wall, but nothing was done to adress the termites living in the wall.
He originally agreed to be a witness for us and provide a written declaration, but is now reluctant due to fear of reprisal form the previous owners. I obtained a subpoeana today from the court but I have not served it.
I know his preference is to not go to court, and I feel a little bad about subpoenaing him. If he provides a written declaration, I will not serve the subpoeana. Does he have to send the declaration to the court himself, or can he give it to me to bring to court with me? Will the court consider a written declaration with as much weight as they would with verbal testimony? Court date is June 2, so I believe would need to serve the subpoeana today or tomorrow. Any advice?