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Questions Answered by George W. Wolff
2 Answers | Asked in Construction Law, Civil Litigation, Business Law and Real Estate Law for California on
Q: Am I entitled to a larger percentage in a class action settlement as the second homeowner?

I am involved in a class action lawsuit against the builder as the second owner of my house. The lawyer mentioned that the distribution of any settlement would be 80% to the first owner and 20% to me as the second owner. Am I entitled to a larger percentage, and what factors might influence this... View More

George W. Wolff
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George W. Wolff
answered on Mar 28, 2025

Yes, possibly.

If the same lawyer is representing both the new and old owner he may have a conflict of interest and should not be deciding how much you should get!!

If that is the case, you should immediately seek independent legal advice from a separate construction attorney !!!!!!!

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Q: Per PCC 10140 - it is very complicated and expensive to advertise every project in a newspaper and trade paper

How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Feb 7, 2024

There are no published cases interpreting this statute, however the phrase "newspaper of general circulation" in section 100140(a)(1).

However, it has been defined as:

A “newspaper of general circulation” is a newspaper published for the dissemination of local or...
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2 Answers | Asked in Arbitration / Mediation Law, Gov & Administrative Law and Contracts for Florida on
Q: Is HOA required to divulge lawsuit costs?

As the president of the HOA board, I am concerned about whether our HOA is required to divulge the costs associated with a lawsuit currently in mediation to its members, or if this information is protected under attorney-client privilege. Additionally, I am interested in understanding if the costs... View More

George W. Wolff
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George W. Wolff
answered on Apr 7, 2025

Certainly the billing records of your attorneys would be confidential and shouldn't be disclosed.

But the total amounts paid the attorneys probably is not confidential and may be a legitimate interest of the members.

Check with your attorneys and see what they say.

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2 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for California on
Q: Can I sue for damage to landscape, loss of property value, and emotional distress due to unauthorized tree removal by PG&E?

I'm dealing with a situation where a tree crew jumped over a shared neighbor's fence and cut down mature trees on my property without my permission or knowledge, significantly changing the landscape forever. PG&E has verbally acknowledged the mistake, stating that damage to my... View More

George W. Wolff
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George W. Wolff
answered on Mar 14, 2025

Yes you could sue for loss of value to your property, maybe replacment costs, but likely not emotional distress.

You may need a formal appraisal by a licensed appraiser.

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2 Answers | Asked in Real Estate Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Is it standard for a lawyer not to file a response or notify the court of legal counsel in a property dispute?

I hired a lawyer through a title company to handle a quiet title/easement case, excluding private nuisance claims. The lawyer hasn't filed a response or notified the court of their representation, leaving the record showing only the neighbor's side. We signed an agreement to settle after... View More

George W. Wolff
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George W. Wolff
answered on Mar 3, 2025

It’s unusual that you didn’t sign the settlement agreement

You should have a real estate litigation attorney review the settlement and all related documents to make sure you were/are properly protected.

George Wolff

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2 Answers | Asked in Construction Law and Civil Litigation for California on
Q: How to address a potentially fraudulent mechanic's lien in California?

I am facing a situation where a licensed contractor, with whom I have never had any transactions, filed a mechanic's lien on my customer's property for foundation work. The work was completed by an unlicensed contractor, who requested a change order after the fact, communicated through... View More

George W. Wolff
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George W. Wolff
answered on Mar 1, 2025

You could potentially sue for an injunction or to try to get your money back.

Why did you pay him if you suspected it was fraudulent?

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2 Answers | Asked in Arbitration / Mediation Law and Real Estate Law for California on
Q: Can neighbor's adult son legally participate in mediation?

I am involved in a mediation regarding a quiet title case for equitable easement or prescriptive easement, combined with a private nuisance claim. During the confidential mediation with the title company, my neighbor's adult son participated, although he is neither named in the case nor... View More

George W. Wolff
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George W. Wolff
answered on Feb 28, 2025

There is nothing illegal about this.

Has his presence or actions damaged you in any way?

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2 Answers | Asked in Arbitration / Mediation Law, Contracts and Real Estate Law for California on
Q: Is a settlement agreement on driveway easement breach recordable under CA law?

I reached a settlement agreement during mediation with my neighbor concerning a prescriptive/equitable easements claim on my driveway, which my neighbor uses. The agreement states that the term sheet and final settlement shall be binding and admissible per Evidence Code 1123. The agreement also... View More

George W. Wolff
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George W. Wolff
answered on Feb 28, 2025

Yes, it is recordable very likely and you may be able to go to court to enforce it.

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3 Answers | Asked in Appeals / Appellate Law, Workers' Compensation and Business Law for California on
Q: Do I have a chance of winning an appeal for my citation.

I am a Licensed and insured landscape contractor and have been sited by the state contractors license board for "aiding and abetting an unlicensed person with the intent to evade Contractor's License Law." A $4000 fine.

An unlicensed contractor that I know went on a lead for... View More

George W. Wolff
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George W. Wolff
answered on Jan 12, 2025

Did you use this unlicensed contractor before, or on other jobs?

Does he solicit work for you from customers?

I need to see that citation.

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3 Answers | Asked in Personal Injury, Banking, Business Law and Health Care Law for California on
Q: Does method to determine definitively if signature was forged - exist?

Can forensic expertise determine forged signature with 100% confidence? If not what would be range of variance?

George W. Wolff
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George W. Wolff
answered on Dec 29, 2023

No

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2 Answers | Asked in Contracts, Criminal Law, Constitutional Law and Gov & Administrative Law for California on
Q: Can experts determine if signature was forged with 100% confidence ?

If answer to question is yes - what methods needed to ensure 100% precision of the expertise?

George W. Wolff
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George W. Wolff
answered on Dec 22, 2023

No.

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3 Answers | Asked in Construction Law and Contracts for California on
Q: I have an interior design client that is in breach of contract. She refuses to pay our invoices.

She owes 2 past-due invoices and has insufficient funds to cover the latest check that was given to us per the signed agreement.

George W. Wolff
PREMIUM
George W. Wolff
answered on Dec 11, 2023

What services did you render.

Was this part of a Construction or remodel project?

You may have no lien rights unless you contributed to the remodel or improvement of the property

In that case you may just need to sue your customer

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2 Answers | Asked in Contracts and Construction Law for California on
Q: If you enter in to a lump sum contractor with a HUD or RD rider that limits the GC profit to 14%, but are making more.

The lump sum was based on unit price, can you ask for back up such as sub contract for the GC?

George W. Wolff
PREMIUM
George W. Wolff
answered on Nov 28, 2023

This is a complicated question and any attorney would need to review the actual contract to give you an accurate answer.

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3 Answers | Asked in Construction Law, Criminal Law and Real Estate Law for California on
Q: Urgent: Seeking Legal Representation in Corporate, Construction, and Criminal Matters

Hello

My name is Jackie, and I represent [Company 1]. We urgently require legal counsel and representation. We would greatly appreciate it if qualified lawyers could review our case. If you believe you meet the criteria and can assist us, please get in touch.

Background:

On... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Oct 24, 2023

I would be happy to speak to you tomorrow Re these issues

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2 Answers | Asked in Real Estate Law for California on
Q: I bought a single family residence in august of 2021 and didnt know adu was unpermitted until middle on transaction.

I bought a SFR in August of 2021. Market was really hot back then and I ended up offering 50k over asking price for a property that looks good from afar but was remodeled without permits (kitchen, added a 4th bedroom) plus converted garage to an ADU and nothing was done to code. The sellers nor... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Jun 13, 2022

You may be entitled to compensation in the amount of the difference between what you paid for the home and the true value of the home with the defects, which may be close to the cost of repairs.

Did you find out about the illegal work before or after you released your contingencies on the...
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2 Answers | Asked in Contracts for California on
Q: Do I have to sign escrow papers to sell my prop? Terms diff than I thought when I accepted offer.

I didn't read fine print in offer. now Don't trust my realtor. Not transparent. Supp to be "As is". not suppose to clean prop but requiring me now. Not suppose to include mineral rights but now realtor won't reserve for me, not suppose to have contingencies but now many and... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Nov 19, 2020

THE ANSWER TO YOUR QUESTION WILL DEPEND ON THE FACTS AND THE TERMS OF YOUR CONTRACT, AND IS NOT SUSCEPTIBLE TO A QUICK AND EASY ANSWER ONLINE.

YOU SHOULD IMMEDIATELY CONSULT WITH A COMPETENT REAL ESTATE ATTORNEY FOR SPECIFIC ADVICE!!

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1 Answer | Asked in Construction Law for California on
Q: Home remodel went 70% over budget—and contract is fuzzy. Do we still owe our general contractor his 15% final payment?

Our G.C. said he could remodel and expand our small, 50-year-old Calif. home for $300,000 and complete in 8 months. After 11.5 months, we insisted on moving back in even though it was not completed. Total cost for labor/materials so far has been around $470,000. Due to the delays, we had to pay an... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Oct 21, 2020

Home Improvement Contracts are required to be in writing and for a fixed price, have a fixed completion date and have certain other requirements.

https://www.wolfflaw.com/legal-requirements-and-concerns-for-home-improvement-residential.html

Have an experienced Construction...
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3 Answers | Asked in Construction Law for California on
Q: My home has been under construction for 3 years because my contractor has delayed and works very minimally. What do I do

It was demo’d for a whole year and a half to the point where water was leaking in the existing portion. He keeps asking for money and changing the agreement. We are way over budget and now we are waiting for the inspector. The permit is potentially expired so he would have to renew. He framed... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Oct 3, 2020

It seems you may not have a very good contractor, and he may not have the best skills.

Does your contract have a firm completion date?

Have you made changes to the contract since it was signed?

You should consult with an experienced construction attorney.

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1 Answer | Asked in Estate Planning, Real Estate Law, Agricultural Law and Civil Litigation for California on
Q: Are the property lines accurate enough to use as evidence of property line in court. I'm having issues with a neighbor

A site listed as patented on justia called real estate portal .

George W. Wolff
PREMIUM
George W. Wolff
answered on Sep 29, 2020

USUALLY FOR A TRIAL YOU NEED A SPOTTED BOUNDARY LINE SURVEY BY A LICENSED SURVEYOR.

2 Answers | Asked in Real Estate Law for California on
Q: HOA rules

I rented my house to a tenant who then rented it as airbnb. The HOA rules says "no OWNER shall lease his residence for a period of less than 30 days". Since the tenant is the one doing airbnb, I (the owner) did not violate this rule. But HOA insists that the rule "any failure of an... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Sep 14, 2020

I think that's too technical an approach as you have some responsibility for what your tenant does.

Does your lease with the tenant require the tenant to comply with the rules and Cc&Rs of the HOA?

It should to protect you.

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