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Going after an Attorney in Fact

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skromfols

Junior Member
What is the name of your state? California
I had an attorney in fact sign a lease agreement for his elderly mother. After living in the house for a year we converted the lease to a month to month contract, however, he did not sign that conversion document, his sister did. The conversion basically said that it was converting the lease to a month to month rental contract, and all other provisions of the lease would remain the same. Yesterday we had him in small claims court. First, he stated that he wanted a judge to try the case, not the attorney who normally tries small claims action. So we were moved into a proper court room with a judge. Then he told the judge that we couldn't sue him because he signed as an attorny in fact. The judge agreed. My question is, do I now go after this guy as the agent for his mother, or do I have to go after the elderly mother?
 


seniorjudge

Senior Member
skromfols said:
What is the name of your state? California
I had an attorney in fact sign a lease agreement for his elderly mother. After living in the house for a year we converted the lease to a month to month contract, however, he did not sign that conversion document, his sister did. The conversion basically said that it was converting the lease to a month to month rental contract, and all other provisions of the lease would remain the same. Yesterday we had him in small claims court. First, he stated that he wanted a judge to try the case, not the attorney who normally tries small claims action. So we were moved into a proper court room with a judge. Then he told the judge that we couldn't sue him because he signed as an attorny in fact. The judge agreed. My question is, do I now go after this guy as the agent for his mother, or do I have to go after the elderly mother?
Q: My question is, do I now go after this guy as the agent for his mother, or do I have to go after the elderly mother?

A: Ma.
 

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