Last week, I had an interesting discussion with an attorney who was dealing with the rampant use of attorney verified unlawful detainer complaints. The attorney had stumbled across the disciplinary record of another attorney who the bar had investigated for improperly verifying an unlawful detainer complaint, apparently on a widespread basis, using the same common basis for his clients’ claimed unavailability. The attorney, like us, was fighting this practice.
I was not surprised by this call and we actually get contacted a fair amount on this verification issue. What does surprise me, however, is the fact that we still see attorney verified complaints by several law firms where they clearly have the ability to get their clients’ verification. Perhaps, this is a cost saving mechanism or there is some other reason this practice still goes on, but as long as it does we will continue to file motions to strike.
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