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California Contracts Questions & Answers
2 Answers | Asked in Contracts and Employment Law for California on
Q: Can LAPD enforce its 5-year employment contract that recruits sign upon hire?

The contract requires officers to repay the department for academy training costs if the officer leaves for another police department within one year of resigning from LAPD.

In re Acknowledgement Cases, 239 Cal. App. 4d 1498, decided August 12, 2015, is this contract still enforceable?

Neil Pedersen
Neil Pedersen answered on May 14, 2022

Yes it is. Why wouldn't it be?

The training you receive in the academy is an education that makes you far more employable in any other law enforcement capacity so the employer is not required to pay you for that time.

Good luck to you.

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Probate for California on
Q: Can an HOA stop me from staying in the house I inherited from my mother who passed away?

I was the live in caregiver for my mother who is buying a home in a 60+ trailer park. However, my mom passed away recently and now I am the heir to the property. The HOA has told me that because I am only 54 years old I cannot live in my house, I cannot rent it out to anyone whether they are 60+ or... Read more »

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon answered on May 10, 2022

I believe the HOA may be correct. The Fair Housing Act exempts communities intended for people 55-62 or older to discriminate based on familial status. It appears that your mother’s trailer park caters only to residents who are over 60 years old. You have two options: either (1) find someone you... Read more »

1 Answer | Asked in Contracts for California on
Q: I am unhappy with services from ADT. Can I get out of a contract?

I am in a 2 year contract in California and would like to cancel my services. However, because I have 18 months left in the contract, I would have to pay a 75% penalty of the remaining months. They have been unhelpful with tech support and I have been dissatisfied. Is there any way I can legally... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on May 10, 2022

Three initial steps towards resolution: [1] outline how you are not happy with their delivery of services to their customer service department ... and let them know that various social media outlets, like Yelp, will hear of your dissatisfaction with their support/tech services ... and you are... Read more »

3 Answers | Asked in Business Law, Contracts and Tax Law for California on
Q: If I am helping a friend lease a business space for HIS business, do I need to report anything to the IRS on my end?

My friend is starting up a business, he’s doing good and now needs a shop to work. He does not have the credit to lease a place. He asked me to help him lease in exchange for 10% of earnings. What would I have to report to the IRS or does his total earnings affect me in any way? I am aware I’m... Read more »

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon answered on May 6, 2022

Although not mandatory, I hope you have this agreement in writing. The 10% payment in exchange for co-signing a lease is considered in the broad definition of gross income. So, the short answer is yes, it must be reported to the IRS. Your friend may also have an obligation to issue you a 1099, so... Read more »

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1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for California on
Q: What makes a loan document void
Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon answered on May 4, 2022

This is quite a broad question to answer. If you have specifics, it would be easier to identify if the loan may be void or voidable.

There are several ways to challenge the validity of a loan. If there are missing terms, such as the number of years to pay or the interest rate the lender...
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2 Answers | Asked in Employment Law, Sexual Harassment and Contracts for California on
Q: We’re beginning to explore options of filing a lawsuit for Hostile Work Environment against my wife Tawny in CA.

Need Advice and Attorney: We also need to explore options of filing a lawsuit for miss-classification for both of us. We're in the insurance industry, we're 1099 Independent Contractors but we're treated and controlled as employees. We currently live in CA, the main company is in... Read more »

Neil Pedersen
Neil Pedersen answered on May 3, 2022

If you are looking for someone here to respond by saying they will look at your case, this Q&A site does not allow that. You will have to seek out and consult with attorneys to see if you have a meritorious claim. And you should do that because many people seriously misunderstand the concept... Read more »

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1 Answer | Asked in Consumer Law and Contracts for California on
Q: I have a roof leak caused by the installation of solar panels.

Roof leaks are covered under warranty by solar company. I have been in contact with them for a few months but they have yet to bring anyone out to have a look at the roof. Is there anything I could do about this situation?

Scott Richard Kaufman
Scott Richard Kaufman answered on May 2, 2022

Sorry for your issues. There are many options.

To me, since you do not want massive damage you get it fixed asap AND

make sure those who ARE fixing make a record that it was in fact the

SOLAR people's fault. THEN later, imho, you go after the solar folks.

Good luck with it...

1 Answer | Asked in Consumer Law and Contracts for California on
Q: I bought a car from a dealership in 5 years paid off the loan without missing/late payments, and never received a title

Contacted CA DMV with the notarized lien satisfaction letter and they don't have a title to issue me. Contacted the financial institution who were in charge of the loan and they don't have a title for the vehicle either. Registration states that No title issued/vehicle not transferable.... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Apr 29, 2022

Assuming all facts to be true and correct and these are the only facts, yes, you would have a case v. Dealer and v. Holder of the contract, here, you've described them as a 'financial institution.'

The lawsuit may be substantial but if you are a non atty, you are more...
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2 Answers | Asked in Contracts and Employment Law for California on
Q: Do I have any case regarding a delayed background check that left me unemployed and caused me to miss a start day?

I had a delay in a background check through a 3rd party company used by my employer. The delay caused me to become unemployed for several months while I waited for results. I was given a start date for back in February 2022 and put in notice with my current employer at the time, as I was 88%... Read more »

Maya L. Serkova
Maya L. Serkova answered on Apr 28, 2022

In California, all employees are considered at-will unless there is a contract to the contrary. At will employment means that the employer may change the terms and conditions of your employment including the start date, terminate your employment at any time, with or without cause or prior notice... Read more »

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2 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: In California, when a judgment goes beyond 10 years, does it still accrue interest?

Is a CA. judgment debt from an eviction still owed, even if it is past the statue of limitations? Does a judgment of type stand forever until paid?

Theodore Allan Greene
Theodore Allan Greene answered on Apr 25, 2022

If you have a judgement it's usually for 10 years. You can then re-new for 10 more years but have to pro actively deal with it. It's not automatic. You used the term statute of limitations which is something completely different. You should sit down with an attorney and get some help so... Read more »

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2 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: In California, when a judgment goes beyond 10 years, does it still accrue interest?

Is a CA. judgment debt from an eviction still owed, even if it is past the statue of limitations? Does a judgment of type stand forever until paid?

Peter Maurice Lively
Peter Maurice Lively answered on Apr 25, 2022

The limitations period is applicable to the deadline for filing a complaint to obtain a judgment. Judgments need to be renewed every ten years.

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1 Answer | Asked in Consumer Law and Contracts for California on
Q: My parents purchased a home in 2015 and assumed a lease for solar. Company is saying he's only had it 4 years

Contract was recorded more than 2 years after purchase, now solar company is saying the solar has only been used for 4 years. We are selling the home and we're going to payoff the lease. The contract is 10 years old and they are charging as if it's been 4, resulting in a 10k Increase in payoff.

Yelena Gurevich
Yelena Gurevich answered on Apr 21, 2022

there's no actual question posted for attorneys to answer. if the home is being sold, talk to the real estate broker about this as they will likely be able to explain this. or you will need to hire and pay an attorney to review the documents and have a full consultation regarding options.

1 Answer | Asked in Civil Litigation and Contracts for California on
Q: I had a septic tank Business company that I’ve used for over 35 years to pump out my

Two Septic tank I payed them 410.00 they only pump out one tank they could not find the other tank so they commenced To probe the ground with a metal rod this caused 2 foot wide by 30 feet deep hole in my yard They covered the hole with a sheet of plywood and put caution tape around the hole and... Read more »

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

You should certainly demand that they return to fill in the hazardous condition they left on your property. If they refuse, you should get a quote from another contractor to fill in the hole so you have an amount to demand the septic company pay you (presumably in small claims court) if they... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: How does buying someone out of a house work?

My fiancé and I own a house together. We are splitting up. He wants to buy me out and said he would pay me for each month we’ve lived there. So I’ve paid $650 for 28 months so it comes out to $18,200. Is this the correct way to buy someone out? I’ve been researching and feel it should be a... Read more »

Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 13, 2022

Yes, if you own the house jointly and it has increased in equity since buying it, you should ask for your 30% of the equity in the home. He may be offering to pay you for the months you've lived there to try and avoid having to give you your fair equity in the home. Of course, if the equity... Read more »

1 Answer | Asked in Contracts, Copyright and Arbitration / Mediation Law for California on
Q: Is there a statute of limitations for Arbitrations in California

My issue issue is primarily a breach of contract dispute that touches on the issue of film copyrights. The contract requires binding arbitration.

David H. Relkin
David H. Relkin answered on Apr 12, 2022

The statute of limitations to bring a contract claim is the same as in New York, namely, four years. However, most contracts that provide for arbitration shorten such periods. In New York, the arbitrator rules on the statute of limitations but when interstate commerce is involved, the Courts may... Read more »

1 Answer | Asked in Contracts, Collections and Probate for California on
Q: If only one of the defendants responded to a lawsuit, can plaintiff asks for a default judgement on the other defendant?

I sued a couple of persons, only one responded to the complaint.

Yelena Gurevich
Yelena Gurevich answered on Apr 6, 2022

Yes if service was proper and sufficient time has passed.

1 Answer | Asked in Consumer Law, Small Claims and Contracts for California on
Q: Is Novation agreement possible without original debtor?

I’m a creditor.

Original debtor John cannot be reached at all.

His relative Michael is willing to take over the debt through installments, and he wants to do an agreement which guarantees that John’s debt is transferred to him, so John is no longer owes me(creditor) anything.... Read more »

Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 5, 2022

You can assign debt from one debtor to another, but the problem is if you cannot find the one willing to take on John's debt you won't be able to get the assignment completed/signed. You might need to hire an investigator/skip tracer to find Michael first.

1 Answer | Asked in Contracts and Car Accidents for California on
Q: is this still valid today? Universal Citation: CA Civ Code § 1636 (through 2012 Leg Sess)
Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 5, 2022

California Civil Code section 1636 is a current/operative law.

See: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1636&lawCode=CIV

1 Answer | Asked in Contracts for California on
Q: A carpenter didn't complete a hallway due to missing material, I paid him and stopped the check the next business day.

I informed the carpenter of the stopped check and he told me I'm liable three times the amount. My question is how do I decide on an incomplete job? It's not 100% but how to decide the amount? I informed the carpenter that I will find another contractor to estimate the cost to complete... Read more »

Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 5, 2022

What does your contract with the original contractor say? The terms of the contract will govern what your rights and remedies are.

1 Answer | Asked in Contracts for California on
Q: Did a photoshoot and didn’t get half the products paid for. It’s been 11 months. Contract says non refundable.

So I did a photoshoot on April 25th last year. In the contract I signed it says “Payments made by the client to the photographer are non-refundable. At a minimum, the client agrees that any payments made prior to the scheduled session date fairly compensate the photographer for committing to... Read more »

Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 5, 2022

You should still be able to sue/demand the return of money you paid for a product you never received. She breached the contract if she did no fully perform by delivering all products you bought under the contract.

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