Lawyers, Answer Questions  & Get Points Log In
Questions Answered by David H. Relkin
2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Should a demand letter include a threat of advertising the complaint against the defendant/company ?
David H. Relkin
David H. Relkin
answered on Feb 2, 2024

Creditor-debtor law, whether litigation or negotiations is about obtaining an advantage without undermining your own position. There is a rule of defamation (or libel) that anything that is contained in a pleading filed with a Court is absolutely privileged and hence cannot be a basis for libel.... View More

View More Answers

Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More

David H. Relkin
David H. Relkin
answered on Jan 26, 2024

If you have stated the facts correctly, I would have a problem with the payout. According to your statement of the case, you have to "drop" the lawsuit after the first payment but "they are not ok with you going through the courts to enforce the payment" --[presumably] the... View More

View More Answers

2 Answers | Asked in Civil Rights and Business Law for California on
Q: Can I add a cause of action to a california federal court case?

I filed a case in Superior court of los angeles. The defendant removed it to federal court. Can I add a cause of action to that? they recently removed it to the federal court.

Thanks for reply

David H. Relkin
David H. Relkin
answered on Dec 28, 2023

The question is whether you can assert your (new) cause of action in Federal Court. You could assert a cause of action that does not raise a cause of action that could deprive the federal Court of jurisdiction. Counterclaims are compulsory in federal court if they arise out of the same... View More

View More Answers

2 Answers | Asked in Business Law, Civil Litigation and Intellectual Property for California on
Q: Can I sue someone for appropriation of name, image, likeness under the federal RICO act

Group of advertisement companies associated with a specific brand appropriate my likeness, and name to build value to their brand. (I am a French Canadian girl, living an Italian lifestyle (influencer)). They are different companies, they make advertisement using my name and likeness and they all... View More

David H. Relkin
David H. Relkin
answered on Dec 17, 2023

You have asked a very good question. I believe that both the advertising companies and the brand are legitimate defendants, certainly at this point, before you have taken discovery. I would argue that the fact that the brand benefitted from seven different advertising companies could create a... View More

View More Answers

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Will participating in legal proceeding bar an arbitration award from being confirmed by the court?

If action taken by a party to case (such as interposing a

cross claim or procuring a deposition of

plaintiff) waives their contractual right to compel arbitration, does that also cause that if they do continue at arbitration an arbitration award on that matter cannot be confirmed by... View More

David H. Relkin
David H. Relkin
answered on Dec 17, 2023

You are quite correct regarding the waiver of arbitration: any act that is inconsistent with the agreement to arbitrate will waive that right. While the simple act of interposing a cross-claim may not, in all circumstances, waive the right to arbitrate, taking a deposition conjoined with the... View More

2 Answers | Asked in Civil Litigation for New York on
Q: I must do a deposition and I have severe anxiety disorder. Can I do the deposition on video?

Is video deposition the same as in person?

David H. Relkin
David H. Relkin
answered on Dec 5, 2023

An application for a video deposition should succeed. Section 3113(b) of the Civil Practice Law and Rules allows for testimony to "be recorded by stenographic or other means[.]" Section 202.15 of the Uniform Rules for the New York State Trial Courts allows for depositions to be recorded... View More

View More Answers

1 Answer | Asked in Divorce, Banking and Family Law for Minnesota on
Q: my parents got divorced in 2006 when they signed the papers it stated that both of them will have a college fund set up

When i got accepted to college and i asked my dad for my college fund he told me no. What can i do? (The divorce papers have account numbers of the fund)

David H. Relkin
David H. Relkin
answered on Nov 2, 2023

He said "no" or he said he didn't set up the account? College funds are generally trust funds controlled by the Trustee who generally provides in the Trust fund document that he has discretion. That would prove a difficulty especially since you don't want to antagonize him.... View More

2 Answers | Asked in Banking, Contracts and Entertainment / Sports for Tennessee on
Q: I am wanting to find out if any entertainment contracts have been fraudulently signed in my name or who approved the use

Of my insinuated self through the Kardashian -Jenner family and the Ozboure's family on TV shows and CNN etc. How do I find out if such contracts exists

David H. Relkin
David H. Relkin
answered on Nov 1, 2023

You should retain counsel to demand copies of all contracts. You have your suspicions about fraud and you should discuss the facts underlying these suspicions with counsel. Your prior contracts should be provided to counsel to review to identify to whom such demands should be made.

View More Answers

1 Answer | Asked in Arbitration / Mediation Law, Collections and Construction Law for Arizona on
Q: Hello Chad flooring installed in my home. The contractor installed the floors wrong twice.

I did not pay after the second install because the floors are still uneven, wavy and buckling income areas. I reached out to them again and they said the floors will have to be reinstalled. I was just told my account will go into collections if I don't pay them. I wrote to them twice for a... View More

David H. Relkin
David H. Relkin
answered on Oct 19, 2023

You have posted your question in Arbitration so I assume you have some basis for believing that there is an agreement to arbitrate in the contract. Go to the Chad site and see what it provides regarding disputes. Perhaps it provides for arbitration. They are required to provide you with a copy of... View More

3 Answers | Asked in Civil Litigation for California on
Q: Before I sue, I want to send the defendant a demand. Can I send it to their registered agent?

They have a registered agent. Can I send a demand letter to them. I want to see if they are willing to settle before I sue them.

David H. Relkin
David H. Relkin
answered on Sep 28, 2023

When any entity applies to do business in a State it must designate how it may be served by providing a registered agent for such purpose. You say you are hopeful of a possible settlement and ask whether you may send an initial demand to such a registered agent for the entity. The answer is yes... View More

View More Answers

1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Small Claims for South Carolina on
Q: My father in law passed away in February 2022. An unauthorized transfer of funds was made 6 months after his death.

He was a resident of South Carolina but his bank accounts were at a large National Bank office in California. My wife in South Carolina was the sole heir with ownership of the accounts and in July 2022 she received a call from an individual in New York purporting to be with the National Bank... View More

David H. Relkin
David H. Relkin
answered on Aug 16, 2023

You say that your wife spoke to a National Bank in New York. Then you say that the fraud was perpetrated by someone in Louisiana. I think that you need an attorney to handle this in New York. I don't know the amount of the fraud, but if it is over $25,000 then the case would be brought in the... View More

2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Former friend and I went on vacation in August, and now that we've had a major falling out, he invoiced me. Do i owe?

He paid for a good amount of the trip, but at the time had offered and was okay with everything. We were apart of a non profit org together, and after we removed him from the board for sexual misconduct (against me) hes retaliated. Hes sent me an invoice for our trip of over 1200 dollars. Am i... View More

David H. Relkin
David H. Relkin
answered on Jul 26, 2023

This is like a question on a bar exam. The question is what was the agreement at the time the money was expended, not at a later time. Therefore, since the expenses were a "gift" at the time they were incurred, that is, there was no intent at that time to ask for reimbursement, the... View More

View More Answers

3 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: A Contractual Arb Award no one owes Def files Petition to Confirm, Plaintiff to Vacate, is response to filing also reqd?

With Arbitration complete, Defendants file Petition to Confirm Contractual Arbitration Award while Plaintiff files to Vacate - do both parties still need to respond to each others Petition in addition to each submitting their own?

And, please, is there a reference available on Section... View More

David H. Relkin
David H. Relkin
answered on May 23, 2023

Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm... View More

View More Answers

4 Answers | Asked in Contracts, Employment Law and Business Law for California on
Q: I received a cease and desist letter from my previous employer and I am wondering what I should do in regards to it?

I’m wondering if I need to respond or if I just leave it alone. When I resigned from my position my previous employer responded with retaliation and harassment. Now I’m receiving a letter. I’m not sure what to do.

David H. Relkin
David H. Relkin
answered on May 18, 2023

As hard as it may sound, ignoring the letter is the wrong decision. I am not saying that you need to shoot off a letter to the author. I am saying never disregard such a letter. It must be analyzed. What is the motive, what are your risks? You have not provided the substance of the letter, but it... View More

View More Answers

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Can both parties Petition to Confirm, Correct, or Vacate a Contractual Arbitration Award?

If one party wants to confirm and they file a Petition and the Plaintiff wants to Vacate the Contractual Arbitration Award, can both parties file a petition? And how long do they have since I've found answers that claim 100 days and now I see 10 days which means I am late. Do I have to respond... View More

David H. Relkin
David H. Relkin
answered on May 18, 2023

Let me unpack your question since there are a few parts. First, I understand that the opposing party has filed a Petition/Motion to confirm the Award and you want to vacate the Petition. Yes, you file in the same case (which is brought to confirm) in order to vacate the Award. The law is that, if a... View More

View More Answers

2 Answers | Asked in Bankruptcy, Banking, Civil Litigation and Collections for Arizona on
Q: Is there anything I can do about a bank that allowed an LLC account to be closed despite a granted Charging Order?

I obtained the interest in a one member owned LLC by Charging Order. The LLC contained tens of thousands of dollars, but the the bank disregarded the Order and allowed the member to close the bank account. The Order specifically stated my interest in the money within the account. The member no... View More

David H. Relkin
David H. Relkin
answered on Apr 23, 2023

A common charging order issued against a Bank holding funds in a bank account of a judgment debtor can render the Bank liable when it allows the account to be depleted by anyone other than the Court or without the consent of the judgment creditor -- in this case, you. I have successfully collected... View More

View More Answers

2 Answers | Asked in Contracts, Estate Planning and Family Law for California on
Q: Can a client create a Retainer Agreement to the attorney without the client's consent

The client remembers signing a Retainer agreement with the attorneys law firm letterhead, the one she was given was from her to the attorney with only her signature.

David H. Relkin
David H. Relkin
answered on Apr 5, 2023

An attorney is required under the Rules of Professional Responsibility to provide a retainer agreement in almost all situations in which he will be representing her interests. However, that does not prohibit a retainer agreement that the client has drafted. However, without the signature, it seems... View More

View More Answers

1 Answer | Asked in Arbitration / Mediation Law on
Q: What do i do with a default award. The commissioners said i should wait for the payout date.

I won this default award from ccma.

I am worried that maybe i have to claim it and i am not aware but the commissioners said i should wait for the payout date.

David H. Relkin
David H. Relkin
answered on Apr 5, 2023

The law in New York is that a party must move to confirm an Arbitration Award within one year of its issuance. That is a statute of limitations. Don't ignore that date. Unless it is confirmed, no Judgment may be entered on an Award, which makes it unenforceable.

If you believe that the...
View More

2 Answers | Asked in Business Law and Contracts for New York on
Q: Is my service contract I entered into enforceable or is it null and void

Accounting firm is based and registered in PA, they did not register to do business in NY. My company is based and registered in NY and all business is conducted in NY.

David H. Relkin
David H. Relkin
answered on Mar 9, 2023

You must keep separate two concepts: the law of the state that will interpret a contract and where and whether entities are "citizens" (or, states in which they are doing business) of a particular state.

I don't have the benefit of your contract, but taking your language...
View More

View More Answers

2 Answers | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I be sued in civil court for something that occurred in 2011?

I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.

Asked to stop harassing me until could provide that information. Cease and Desist letters, two of... View More

David H. Relkin
David H. Relkin
answered on Nov 28, 2022

Your question involves the statute of limitations for a debt, which in New York is six years. Therefore, without additional facts, it would appear that the action cannot proceed. However, the circumstances appear dubious since you say that you were served with some papers that appeared to be a... View 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.