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1 Answer | Asked in Contracts and Gov & Administrative Law for California on
Q: i sold a used vehicle to someone (private parties).

He won't put the car in his name although I did fill out the transfer paperwork (on my end, the owner) to CA DMV. I have the bill of sale, etc. What do i do?

James L. Arrasmith
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answered on Mar 14, 2024

In California, as the seller of a used vehicle, you have certain responsibilities and steps to take to protect yourself legally and financially. Here's what you should do:

1. Ensure you have completed and signed the "Notice of Transfer and Release of Liability" form, which is...
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1 Answer | Asked in Contracts and Gov & Administrative Law for California on
Q: I applied for California vehicle rebate program- CVRP. Application was denied.

On their application forms under terms & condition it says ""Applicants whose rebate applications have been approved, cancelled, or denied by the Administrator may request a case evaluation within ten calendar days of application approval/cancellation/denial (mailed hard copy case... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you have provided, it seems that the California Air Resources Board (CARB) and the program administrator may be in breach of the terms and conditions stated in the application form. If the terms and conditions explicitly state that applicants have the right to request a... View More

1 Answer | Asked in Contracts and Civil Litigation for California on
Q: A judgement of default was made because the plaintiffs brother unlawful removed the time sensitive notices. What do I do

The plaintiff brother and I share the same mailbox. I get home and find my mail in the chain link fence at said estate. I haven't received any documents other then a tentative ruling of an entry of default. What can I do to correct this

James L. Arrasmith
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answered on Mar 14, 2024

In this situation, you should act quickly to try to set aside the default judgment and have the case reopened. Here are the steps you can take:

1. File a motion to set aside the default judgment: You will need to file a motion with the court explaining that you did not receive proper notice...
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1 Answer | Asked in Contracts and Family Law for Nebraska on
Q: I am a guardian doing DS-11 and I don't know how to fill parental information

Both parents are dead

Julie Fowler
Julie Fowler
answered on Mar 14, 2024

If you are the legal guardian and need help applying for the child's passport, you can call the number of the State Department's website to see if they can help you with your question regarding the form. You may need to be prepared to be placed on hold for a long time, but you should be... View More

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Bait and switch if promised EV charger and now they won’t provide.Not in lease, but they confirmed by email.

I was moving because my apartment building did not have EV chargers. We found one where manager said she was getting more installed and I would be first on the list to get one. 4 months later I still don’t have one. I asked for it to be in lease and she said their system didn’t have the... View More

James L. Arrasmith
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answered on Mar 13, 2024

Based on the information you provided, it seems that you have a case for promissory estoppel, even though the promise of an EV charger was not included in your lease. Promissory estoppel is a legal principle that may be applied when a party makes a promise that induces another party to take action,... View More

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2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Bait and switch if promised EV charger and now they won’t provide.Not in lease, but they confirmed by email.

I was moving because my apartment building did not have EV chargers. We found one where manager said she was getting more installed and I would be first on the list to get one. 4 months later I still don’t have one. I asked for it to be in lease and she said their system didn’t have the... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 13, 2024

You need to write out all the facts and bring that and the email to a consultation with a landlord-tenant attorney.

Unfortunately, it is probably the kind of case that most lawyers would only take on an hourly basis rather than on a contingency.

Realistically, are you in a position...
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1 Answer | Asked in Energy, Oil and Gas, Patents (Intellectual Property), Contracts and Elder Law for Texas on
Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had... View More

1 Answer | Asked in Contracts for California on
Q: In CA which date takes precedent? The date you acually signed the agreement or the date shown on contract?

On signature page it says effective date of 9/2/23 & on contract it says date of 9/6/23. The wet signature was done on 9/2/23. I have issue with CVRP for tesla agreement.

I would appreciate if you can mention relevant section of law.

James L. Arrasmith
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answered on Mar 13, 2024

In California, the terms of the contract itself generally take precedence over the date of signing when there is a discrepancy between the two. This principle is based on the "four corners rule," which states that if the terms of a contract are clear and unambiguous, courts will enforce... View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: question about Failure to Prosecute. Fla. R. Civ. P. 1.420 (e).

American Express sued me 1/14/2022 for a personal loan that I had not approved nor requested.

In Feb 2023 AMEX realizing they had a loser case offered to have the case dismissed with prejudice. I agreed to this because I could get derogatory statements removed on my credit report with... View More

Linda Liang
Linda Liang
answered on Mar 12, 2024

It seems that your attorney owes you a better explanation. Basically, Mere inaction for a period of less than 1 year

shall not be sufficient cause for dismissal for failure to prosecute. " Fla R. Civ P. 1.420(e) requires a clerk to send a notice of lack of prosecution and wait for 60...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Can a landlord evict tenants in Santa Barbara County California after the home had an electrical fire and yellow tagged?

The landlord and his wife are harassing the tennants, will not help with a place to stay, changed the locks while belongings were still in the home and gave the tenants a 2 hour window on a Monday yo gather all their belongings for a 5 bedroom house. Also, the landlord is going to have someone... View More

James L. Arrasmith
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answered on Mar 11, 2024

Under California law, a landlord cannot simply evict tenants after a home has been yellow-tagged due to an electrical fire. The specific situation you described raises several legal concerns:

1. Habitability: Landlords are required to maintain habitable premises. If the electrical fire has...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: PLACING A LIEN AGAINST A CONTRACTORS BUSINESS

I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.

If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the...
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1 Answer | Asked in Federal Crimes, Contracts and Education Law for Washington on
Q: Can I sue the gov. For giving me federal loans through an unaccredited college?

Ashford university 2012-2016 lost accred. About 1 month after enrolling. Never said anything to me.

James L. Arrasmith
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answered on Mar 9, 2024

It is possible to sue the government for providing federal loans to attend an unaccredited college, but the success of such a lawsuit would depend on the specific circumstances of your case. Here are a few things to consider:

1. Borrower Defense to Repayment: If you believe that Ashford...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: How do i get around the non waiver clause in my residential lease in california

My landlord has filed an unlawful detainer. I paid half of my rent but when i went to pay the other half i was blocked. I told her on the 8th that i would pay the rest on the 20th. She told me that she would check with the owners to see if that was ok. I never heard anything from her until i went... View More

James L. Arrasmith
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answered on Mar 9, 2024

I understand your frustration with the situation, but it's important to note that getting around a non-waiver clause in a residential lease can be challenging. A non-waiver clause typically states that even if the landlord accepts late rent or doesn't enforce certain lease terms, it... View More

1 Answer | Asked in Contracts for Kansas on
Q: can I cancel my pip auto claim in Kansas
James L. Arrasmith
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answered on Mar 9, 2024

Yes, you can cancel your PIP (Personal Injury Protection) auto claim in Kansas. Here are the steps you should follow:

1. Contact your insurance company: Get in touch with your insurance provider as soon as possible and inform them about your decision to cancel the claim.

2. Provide...
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1 Answer | Asked in Contracts for California on
Q: Can I sue a company for unapprovingly refunding my vacation rental guests their money back without them issuing a refund

I advertise my airbnb vacation homes on a platform called lodgify. I am now seeing on my bank statements money being take out of my account. When I dive deeper, Lodgify is refunding my past guests their full payments, without my approval. The guests never even asked for a refund.

James L. Arrasmith
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answered on Mar 9, 2024

Yes, you may have grounds for a lawsuit against Lodgify if they are issuing unauthorized refunds to your guests without your approval, especially if the guests did not request these refunds. This action could potentially be considered a breach of contract, depending on the terms of your agreement... View More

1 Answer | Asked in Contracts and Consumer Law for California on
Q: If a car dealer sells a car he knows or should reasonably known the person can’t pay for be sued for the down payment
James L. Arrasmith
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answered on Mar 9, 2024

I apologize, but the wording of your question is a bit unclear. I believe you are asking whether, under California law, a car dealer can be sued for the down payment if they sell a car to a person who they know or should reasonably know cannot afford to pay for it. Let me clarify this for you.... View More

1 Answer | Asked in Contracts and Banking for Washington on
Q: All of my chime accounts were closed with no warnings. Instead they sent 3 emails. Can I talk to someone?

They told me I would get a check in the mail 30 days from now. They are claiming I broke the chime amendment rules.

James L. Arrasmith
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answered on Mar 8, 2024

If your Chime accounts were closed unexpectedly, and you received emails stating that you violated their amendment rules, it's understandable to feel confused and seek clarification. The first step is to carefully review the emails sent by Chime for any specific details regarding the alleged... View More

1 Answer | Asked in Contracts on
Q: Can a company be sue after year or so with being contract with them?

A representative from a solar panel company sent a contract to my dad's girlfriend and she had signed the contract without my consent. My dad did called me just to see if I was eligible for the contract and he knew that I was iffy about the solar panels. After a few weeks, I get a... View More

James L. Arrasmith
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answered on Mar 8, 2024

In situations where contracts are signed under questionable circumstances, such as without your consent or with misrepresented identity, you may have grounds to challenge the contract and potentially take legal action against the company. If your name was used without authorization, this could... View More

1 Answer | Asked in Contracts and Immigration Law for Florida on
Q: Does the immigrant have to report large purchased such as buying a car to their Sponsor ?
James L. Arrasmith
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answered on Mar 7, 2024

When an immigrant is under a sponsorship agreement, their obligations primarily revolve around adhering to the terms set out in that agreement. Typically, these agreements are designed to ensure the immigrant does not become a public charge, meaning they won't rely on public funds for their... View More

1 Answer | Asked in Contracts for Utah on
Q: I recently purchased a car. I had 3 vehicles that I traded for 1. I didn’t know the exact mileage of 2 of the vehicles

At the time I was working the deal

I guessed the mileage and stresses it was a guess. When signing the contract the dealership had me sign a blank odometer statement as again, I didn’t know the mileage off the top of my head. We completed the deal and the sales person accompanied me... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 7, 2024

Hey there,

It's essential to understand that preventing someone from filing a lawsuit isn't something you can do preemptively. The crux of the matter will likely revolve around the contract you signed. It's worth asking if there was a specific trade-in agreement or similar...
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