Lawyers, Answer Questions  & Get Points Log In
California Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Products Liability for California on
Q: Is there a law protecting consumers from auto dealer fraud?

I bought a Camaro in July. After major issues almost immediately with the vehicle, I started questioning the dealership. I was given certified papers that the car only had one previous owner, had never been in an accident and that their mechanics had gone over the car. When the rear end fell off, I... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Dec 5, 2022

Yes, California has the consumer legal remedies act which protects car buyers from such issues. There are also many warranty laws that may apply here. There are specific attorneys practice dealership fraud law. Call and have a consultation. Make sure you have all your paperwork ready to provide... Read more »

1 Answer | Asked in Contracts for California on
Q: Selling 1 franchise in CA for 60K. What is the surety bond amount? IL is cost x no. of franchisees. Is it same in CA?

California has determined that we, the franchisor, have not demonstrated we are adequately capitalized and/or that we must rely on franchise fees to fund our operations. The Commissioner has imposed a fee deferral condition. I would rather establish a surety bond instead. Is that allowed as an... Read more »

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 1, 2022

Section 310.113.5 - Surety Bond in Lieu of Impound

In lieu of the imposition of an impound condition a franchiser may post a surety bond in such amount as shall be required by the Commissioner. Such bond shall be issued by a corporate surety admitted to transact business in the State of...
Read more »

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for California on
Q: In a unlawful detainer suit what can a tenant counter sue for
Philip Shakhnis
PREMIUM
Philip Shakhnis
answered on Nov 18, 2022

In California, tenants who are defendants in an unlawful detainer cannot file a cross-complaint. However, the tenant can file a separate lawsuit against the landlord for any breach of the rental agreement, negligence, fraud, harassment and other claims.

4 Answers | Asked in Contracts, Employment Law and Personal Injury for California on
Q: Verbal Job Offer

Hiring process completed. Verbal job offer. Start date confirmed. Salary confirmed. HR drafting offer letter for signature. Company found out I was in a car accident. Pulled offer.

Neil Pedersen
Neil Pedersen
answered on Nov 17, 2022

You have not asked a question. I will assume you want to know whether the employer did anything wrong. The answer is no.

Even if the written contract had been signed, the employer has the right to change the terms and conditions of employment, including whether you can be or stay...
Read more »

View More Answers

1 Answer | Asked in Contracts and Employment Law for California on
Q: How do I go about extricating myself from a 1099 contract with non-compete clause and get funds owed?

I was a contractor for a Boston based privately funded tech startup, working from California but providing services across the country. I've been a CA resident since 1987. Governing law of the agreement is MA but they failed to provide me a copy of the agreement before being given a formal... Read more »

Neil Pedersen
Neil Pedersen
answered on Nov 15, 2022

Your post suggests some violation of the law, some misunderstanding of the law, and a likely breach of contract claim.

As a California resident, California law applies to protect you even if an agreement states otherwise. The MA law choice of law and venue provision will be rendered...
Read more »

1 Answer | Asked in Contracts and Construction Law for California on
Q: I signed a contract w/ a GC that included bids from subs we agreed on. GC then renegotiated &kept the savings. Ethical?

I signed a contract with a General Contractor that included work by subcontractors for prices that we agreed upon. The GC then without me knowing renegotiated and reduced the scope of work without telling me. He planned on keeping the savings until I found out what he had done. Is this even... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

When you say "renegotiated" do you mean you and the GC agreed to modify your agreement? Don't answer here. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Education Law and Family Law for California on
Q: Does a parent and child have to sign a contract in order to attend public school?

There seems to be a lot of things in these contracts that are unrelated to curriculum and attendance. In some cases it does not seem to be related to education at all and if it is it states it has very little to do with it. I do not want to sign it but they are saying if I do not then my child... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

You could take the contract to a local attorney and pay him to review it, allowing you to ask any pertinent questions. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal... Read more »

2 Answers | Asked in Contracts and Medical Malpractice for California on
Q: In-home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for partial refund?

In-home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for partial refund legal case?

I had an in home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for refund or partial discount. Total billing was... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

You have at least two separate issues, the cost of her services and the failure to perform competently. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney... Read more »

View More Answers

2 Answers | Asked in Business Law and Contracts for California on
Q: In California is a general contractor allowed to request material receipts and detailed labor information from a subcon

This is regarding a change order on a commercial project

Adam Stoddard
Adam Stoddard
answered on Nov 15, 2022

I'm not sure about detailed labor information, but I see no reason why they couldn't request material receipts. To be sure look toward the contract to see the terms of the agreement.

View More Answers

1 Answer | Asked in Consumer Law, Business Law, Construction Law and Contracts for California on
Q: Roofing contractor had me pay him more than the estimate when jobnot completed and materials not delivered

Is this an unfair business practice and how can I get my money back?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 14, 2022

This may be an unfair business practice, breach of contract and breach of the covenant of good faith and fair dealing, depending on more facts. Was there a written contract for the job? If not, were the terms of an oral agreement later referenced or set forth in an email/text? Was the contractor... Read more »

2 Answers | Asked in Contracts and Construction Law for California on
Q: A contractor I hired has done very poor work, keeps demanding more money and blames me for everything. What do I do?

I hired a contractor to remodel a kitchen and bathroom. He did really poor work, and refuses to fix it. When he was doing th ekitchen he found some damage to the back wall of the house. I agreed to have him fix it and the top floor of my house has dipped. I can't close a window. I have... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 14, 2022

You should review the terms of your contract. It is illegal for a contractor to request or accept money for work not yet performed or materials not delivered. If the work is as bad as you say, then you should tell the contractor that he should send you a final invoice for all of the work performed... Read more »

View More Answers

2 Answers | Asked in Civil Litigation, Construction Law and Contracts for California on
Q: I filed a complaint with the CSLB against a Contractor for shoddy work and breach of contract and it has been assigned

to mandatory, binding arbitration.

The Contractor is stating I still owe him the balance on the contract so he will not fix any issues until that is paid. The CSLB states that the same issues should not be filed in a civil suit but the Contractor has now filed a civil suit in Superior... Read more »

James A. Greer
James A. Greer
answered on Nov 14, 2022

CSLB Claim vs. Civil Suit: Your first inquiry is whether the construction contract has Arbitration as a dispute mechanism - if it does, within 30 days of service of the Civil Suit you should file a "Motion to Stay" the civil suit grounded on the argument that the parties are... Read more »

View More Answers

1 Answer | Asked in Contracts for California on
Q: I live in California, my boss wants me to sign a contract agreeing to be governed by Texas law. What's that mean?
Adam Stoddard
Adam Stoddard
answered on Nov 10, 2022

Parties to a contract can determine the state law that will govern the transaction should there be a dispute about the terms or performance of the contract. I assume your boss is in Texas, or your work transacts in Texas?

1 Answer | Asked in Construction Law and Contracts for California on
Q: I need to terminate a contract with a local building contractor. I need to know:- How much am I obligated to pay?

- My interest is in ending the contract and receiving the original design file, more than a pdf file as stated in the contract. The file I need to complete the work was generated by Chief Architect software.

- Contractor has never invoiced me for $1000 deposit, per contract. Told me... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 9, 2022

This somewhat depends on the terms of the contract. Technically, a contractor can only request a $1,000 up front or 10% of the contract upfront, whichever is lesser. A contractor can also not request money for work not performed or materials not delivered.

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: If a landlord misrepresents the reason for terminating a lease with tenants, do tenants have any rights once they moved?

Our landlord terminated our 6 month lease that rolled over into a month-to-month lease in CA with 60 days notice and gave the reason that her son would be moving in. Once we moved out of the condo, no one moved in and it was put on the market to be sold. We had lived in the condo for a total of... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 4, 2022

I suspect you have no legal recourse against the landlord. Your lease agreement likely includes language that either side may terminate the rental agreement after providing 60 days written notice. Likely when the notice to terminate the rental agreement is sent, no reason is even needed. The fact... Read more »

1 Answer | Asked in Contracts and Employment Law for California on
Q: Can a company in Chino Hills, California (corporate office in Michigan) require the employee to pay for background check

I was offered a job at a school in Chino Hills, California and they are requiring me to cover the charges for a background check, TB test, and physical exam (all pre-employment). I found this information and I'm wondering if it applies to this situation since the company's headquaters are... Read more »

Brad S Kane
Brad S Kane
answered on Nov 2, 2022

Since you reside in California, California law applies to your employment. Rather than risk not getting the job, you should consider paying for the items required by the employer, then seeking reimbursement after the fact and explaining the California law. If they terminate you after you are hired,... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law, Real Estate Law and Small Claims for California on
Q: In a small claims court in Ca., Can a married couple each file a $7,500 claim against a contractor who abandoned a job?

We are two senior citizens and retired teachers. Paid contractor $31,500 for a $26,500 job. He only did $15,000 of the job before he abandoned job.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 27, 2022

Start with a complaint to the state contractor's board and go from there...

1 Answer | Asked in Consumer Law, Contracts, Animal / Dog Law and Small Claims for California on
Q: What laws pertain to a breach of sales contract (bought a cat) and what law allows me to sue for restitution damages?

I bought the kitten for $750, from a person, claiming they were worked with a Cattery. I traveled to the location for the transaction, not at the Cattery. They gave me the wrong gender. Kittens at that age may be difficult to determine the gender without a thorough examination. They acknowledged... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 26, 2022

Sounds like a small claims action. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Civil Litigation and Contracts for California on
Q: I travel heavily for the company, and have bills from $1,000-6,000.

The company always reimburses me after the credit card billing cycle, hence, we incur interest every month.

I requested a company card or advances, they stated that if I do not travel and pay for it with my personal credit card they will consider me as resigned. Unbelievable, I'm 67,... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 19, 2022

Speak with a local employment law attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Business Formation, Business Law, Contracts and Employment Law for California on
Q: Can I take my company’s client and start my own business in California

I work for company that takes care of people the person wants to hire me directly can I start my own business and care for that person

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 19, 2022

Some companies have employment agreements that include non-competition provisions which prohibit the employee from soliciting their clients for a period of time after the employee leaves the company. If your company does not have such a provision to which you have agreed, then after you have... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.