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Questions Answered by David Keith Hicks
4 Answers | Asked in Civil Litigation for California on
Q: Is an attorney required in order for a Corporation to file a Limited Civil case in Los Angeles county?
David Keith Hicks
David Keith Hicks answered on Aug 16, 2017

yes. corporation may not appear without counsel

per state law.

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1 Answer | Asked in Banking and Contracts for California on
Q: I bought a sewing machine 3 days ago & the company called today to tell me that they charged the wrong price & I owe

They want me to pay them another thousand dollars

David Keith Hicks
David Keith Hicks answered on Aug 15, 2017

What reason do they give?

2 Answers | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for California on
Q: Can an HOA sue for dues on a time share property that was foreclosed upon 9 years ago through a chapter 7 bankruptcy?

My husband was served a complaint yesterday indicating that he was being sued by the HOA of a timeshare property that was foreclosed upon during his bankruptcy 9 years ago. They are claiming he has not paid his HOA dues for 9 years, which amount to $35,000 plus attorney fees, etc. I am an attorney... Read more »

David Keith Hicks
David Keith Hicks answered on Aug 14, 2017

Get a lawyer with an office near the courthouse where the case is pending. Don't wait until your default is entered. Have that lawyer interpose the discharge order from the bankruptcy and move to dismiss the complaint. Meanwhile, get your husband's bankruptcy lawyer to threaten the suing... Read more »

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1 Answer | Asked in Contracts and Consumer Law for California on
Q: My gym is closing. I have 9 months left paid. They insist that contract rolls over to another gym What is my recourse?

I paid up for a full year. The gym is closing. They have apparently sold our contracts to another gym that is across town, and not as nice, and are refusing to give refunds. What are my options? Thank you very much

David Keith Hicks
David Keith Hicks answered on Aug 4, 2017

The answer to this question:

1. Requires a review of the membership contract when you joined;

2.Requires you consider that they may be filing bankruptcy and maybe did you a favor.

3. Small claims court.

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Our landlord wants a bilateral attorney fee provision in our contract, but with a limit for himself if he loses.

Does California Civil Code 1717 void the limit to make it equal for both parties? Or has Landlord found a loophole? Can't find caselaw that answers this question.

David Keith Hicks
David Keith Hicks answered on Aug 2, 2017

Section 1717 has been interpreted to mean that the prevailing party wins fees. It's a two-way street. The limit he proposes is against public policy and the court will override it and award fees in keeping with the statute not his attempt to forge a loophole.

3 Answers | Asked in Business Law and Civil Litigation for California on
Q: Once I answer a filed lawsuit and file a cross complaint, do I have a 10 day window to submit discovery?
David Keith Hicks
David Keith Hicks answered on Jul 22, 2017

No. If you are in a lawsuit you are OBLIGATED BY LAW to follow the rules of discovery which are found toward the back of the California Code of Civil Procedure. See, e.g. CCP 2025. You can find that on the internet. One doesn't "submit" discovery. One either propounds it or... Read more »

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2 Answers | Asked in Criminal Law, Family Law and Civil Litigation for California on
Q: Where there is no court order. Is a parent in violation of Penal Code 277. (F, G, H, I, J, K) And Penal Code 278.5 ABC

I also believe that the other parent is in violation of many family law codes, as well as the before mentioned CA PC's.Such as: FL Code #3046. (b) , 3048. (a) & (b). CA PC 277. (f) states; In the absence of a court order, a parent loses his or her right to custody of the child to the... Read more »

David Keith Hicks
David Keith Hicks answered on Jul 18, 2017

Reread the code section. It answers your question. If you think you can wade through all the procedural morass, don't hire a lawyer. Start by calling your local court's family law coordinator and see if you can get some free help. Otherwise, expect a large legal bill.

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2 Answers | Asked in Business Law, Civil Litigation, Real Estate Law and Libel & Slander for California on
Q: How does the author of a website which criticizes bad property investments defend against damage suits?

The author(s) own property- homes -in California and wish to be inoculated against suit.

David Keith Hicks
David Keith Hicks answered on Jul 17, 2017

There is no way to be completely shielded from being sued. Any fool can sue you. Here's what you can do.

1. Buy insurance to cover the claims. Remember that insurance provides two separate benefits, a defense attorney, and money for damages won against you (if the conduct was not...
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2 Answers | Asked in Business Law, Contracts, Employment Law and Consumer Law for California on
Q: If handyman charges by the hour instead of job & w/o written contract, can he work w/o a license if paid more than $500?

This would be for building cabinets, installing new flooring, drywall, painting, etc. - basically a small kitchen remodel over a period of months. I am told if no contract exists and paid by the hour, the handyman would be an employee of the homeowner, not a contractor. I am in California.

David Keith Hicks
David Keith Hicks answered on Jul 9, 2017

He would be an illegal contractor and subject to prosecution by the State Contractors Licensing Board. If injured on your job at your residence he can sue you and you should hope you have workers' compensation insurance coverage in your fire insurance policy. If that's your situation... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: QUESTION" Information"

To whom it may concern.By all due statute of the law. Duty disability income all can fall under protection laws procedures.Do you know the statute case law procedure where to look?

David Keith Hicks
David Keith Hicks answered on Jun 30, 2017

Go back and ask again. This question makes no sense. Write it out first on paper, then post it---if you want someone to take it seriously!

1 Answer | Asked in Elder Law for California on
Q: My Grandmother is sick and now being taken advantage of by his partner and son in law. please help

they even went and hire atty. to change her last will. now they're trying to get rid of her by sending her to a hospice. my grandma last wish was to die in her house. they also stop all her medication. this is the only way we can help because only our aunt who lives near her is also scared for... Read more »

David Keith Hicks
David Keith Hicks answered on Jun 26, 2017

They will get away with it unless you

1, immediately report them to your local county adult protective services agency, which you can find their phone number on the internet or phone book.

2. hire a lawyer to file a petition in the court requested your desired relief.

I hope...
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2 Answers | Asked in Contracts for California on
Q: Hi, I am renting a piece of audio equipment in California. Can I be charged a late fee daily if my rent is late?

My lease term is 6 months and I am in my 3rd month. The rent is 3000k per month, after two days Iate I pay 300 dollars and an additional 100 dollars per day after that. Does this violate usary laws or is it punative?

David Keith Hicks
David Keith Hicks answered on Jun 26, 2017

Yes if the contract provides for it expressly.

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2 Answers | Asked in Civil Litigation, Civil Rights and Consumer Law for California on
Q: My cable company consistently sends me mail in Spanish. My last name is Smith. I live in the USA and speak only English.

Can I sue? This is the US. Not Mexico. To me it is discrimination. I have no idea what they are saying I'm their correspondence.

David Keith Hicks
David Keith Hicks answered on Jun 5, 2017

Sure you can sue. The question is: can you win? not every kind of discrimination is illegal. You can prefer beef to pork, for example. Discrimination laws protect certain CLASSES of people as defined in our constitution and laws. An airline cannot be prevented from not hiring very heavy and... Read more »

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1 Answer | Asked in Business Formation, Contracts, Copyright and Trademark for California on
Q: Hello,Can i use a pen name signing up my personal information on the copyright.gov website? Should i get it trademarked?

This pen name would be my stage name for me to fully identify with at all times. Thus, in order to keep my real identity secure and private from anyone doing some research looking to discover the publishing artist real birth given name.

David Keith Hicks
David Keith Hicks answered on May 30, 2017

You can use any name you want to, as long as you don't defraud anyone or evade a tax. On tax returns they'll ask you for both. But those are confidential. It's called a pseudonym not a pen name, which is a term used for writers.

So, I'd say no. Names can be protected,...
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3 Answers | Asked in Business Law and Civil Litigation for California on
Q: Have a question on labor law violation L.C. 226.3

I own a Math & Reading Franchise and I employee many part-time graders, who are primarily high school students. Last week I had a surprise inspection from Labor Commissioner's office and I have been cited for a violation of L.C. 226.3. The reason given was that I have been paying my... Read more »

David Keith Hicks
David Keith Hicks answered on May 30, 2017

In this instance you SHOULD hire a lawyer. Other higher ups may decide that your action was inadvertent, although really it was intentional in the sense that no one made you do it, though inadvertent in terms of legality. The code section explains it:

Any employer who violates subdivision...
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1 Answer | Asked in Contracts for California on
Q: Will I get paid for the month if I leave my Youtube network, Fullscreen?

So basically, I'm under an illegal contract with fullscreen right now, since I'm not 18 years old which is recquired to join the network. So if I send my goverment issued photo ID and explain to them what happened, they must let me go. But the problem here is if I'll get paid for the... Read more »

David Keith Hicks
David Keith Hicks answered on May 27, 2017

Who told them you were 18? You left that important point out.

Can a minor commit fraud? Sure. Did you mislead them?

Yes, your contract is void due to age, if there was no parental consent. That normally means each party is put back into the same position they were in before the...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: I have a month-to-month lease since 6/1/15. Is 60 days notice of termination required or is 30 days sufficient?

I have read that landlords are required to give 60 days notice if the tenant has occupied the dwelling for more than 1 year. Does this rule also apply to tenants? Thank you in advance for your assistance - it is very much appreciated.

David Keith Hicks
David Keith Hicks answered on May 26, 2017

Maybe yes, maybe no. The 60 day notice applies to landlords. The contract terms apply to tenants. Read it.

3 Answers | Asked in Contracts and Real Estate Law for California on
Q: Can a realtor ask you to sign a contract stating you can only work with him and no other broker?
David Keith Hicks
David Keith Hicks answered on May 24, 2017

Yes. Nothing illegal about it. Reasonable too, if you think about how brokers get paid--based on results that may take much time and expense, but no compensation as you go along.

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1 Answer | Asked in Contracts and Consumer Law for California on
Q: My kids softball team is making it mandatory for us to sell all there raffle tickets or my kids can't play what can I do

They don't want to refund me and now my kids don't want to play softball no more can I sue

David Keith Hicks
David Keith Hicks answered on May 15, 2017

Anyone can sue anyone for anything. The question is can you win. Here no. They are a private organization with likely no assets. So even if you win, part B of the real question is can you collect if you win? I think the answer to both questions is no. Your kids have no obligation to play... Read more »

3 Answers | Asked in Contracts, Estate Planning, Family Law and Elder Law for California on
Q: What do I do with a father in law that has dementia his wife is in a coma from
David Keith Hicks
David Keith Hicks answered on May 12, 2017

Get him into a dementia care facility, then complete your sentence.

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