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Questions Answered by George W. Wolff Esq.
2 Answers | Asked in Contracts, Personal Injury and Real Estate Law for California on
Q: Asbestos contamination and complaints

A contractor was hired for remodeling in California

The contractor didn't test hazardous material in the condo before starting the work.

If the condo is contaminated. Whose shall fulfill the bill?

George W. Wolff Esq.
George W. Wolff Esq. answered on May 15, 2020

Yes, you have potential liability if your contractor contaminated the neighbor's property.

How old is your building?

Were any tests done for asbestos before the work started?

To protect yourself you might want to hire an Industrial Hygenist or testing company to...
Read more »

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4 Answers | Asked in Real Estate Law for California on
Q: My husband and I would like to sell our 2 rental properties. We are 50/50 owners with a friend

We plan on moving out of CA within next few years and would like to sell. Our partner would like to hold on to them and buy us out. Is this a simple process? Can we just agree on a price and move title over to him and he buy us out? Or is there a lot more involved? We have been splitting... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on May 13, 2020

You usually would need a sales contract and disclosures etc to avoid possible problems in the future.

Who has been managing the properties?

If you can't agree on terms, you could file a partition action in Court and have the properties put up for sale in full, which might fetch a better price.

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2 Answers | Asked in Real Estate Law for California on
Q: Does a majority owner of a property need permission from a minority owner(s) to sell the property?
George W. Wolff Esq.
George W. Wolff Esq. answered on May 13, 2020

All persons who are listed on the title as owners or grantees must agree to the sale, unless you file a partition action in Court to allow the sale without consent of the other owners.

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Q: My small town with a population less than 10K is on track to pay the city attorney 500K annually. Is this normal?
George W. Wolff Esq.
George W. Wolff Esq. answered on May 8, 2020

It does seem excessive.

Did they handle any litigation for the City?

Maybe they should put it out for bid?

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1 Answer | Asked in Construction Law for California on
Q: - Stop building inspector / code enforcement improper notice of violation claims - file motion to suppress admin warran

A nefarious backyard neighbor (residential neighborhood) filed a complaints re: backyard i) deck and ii) allegedly "hazardous" tree on the city of Oakland

building department code enforcement website.

Building inspector from code enforcement visited my home; however I was... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Apr 18, 2020

Personally, if you think you've been wrongly accused, I would invite the inspector back out for a look.

You usually can appeal citations etc but the time period is very short, and you would have to show that the code violations do not exist.

3 Answers | Asked in Consumer Law, Contracts and Copyright for California on
Q: Would I be liable for manufacturing the packaging for knockoffs items?

Hello, I own a packaging company located in California. We have a client who just put in a very large order for custom boxes for his vape pen/CBD products.

Turns out he's importing generic vape cartridges and CBD products, putting them in nice packaging with known brand names, and... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Apr 18, 2020

What exactly are you doing for him?

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2 Answers | Asked in Real Estate Law for California on
Q: My neighbor has been cutting my trees. Is it legal to put no trespassing signs facing their backyard? I’m in CA.

I have put a brick wall and a trellis to prevent any foliage to fall into their backyard. However, he has still been cutting our trees within and far beyond our shared fence line. I have put up “Beware of Dog” signs and “No Trespassing” signs on the fence, but he spray painted over them. We... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Apr 11, 2020

You could sue for an injunction against his trespasses or for any damages he caused to your trees.

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2 Answers | Asked in Contracts and Civil Litigation for California on
Q: I lent $40000 to a freind. It was to be paid back in full in six months.

The loan was to repair the siding on his house so he could get a $300,000 loan from the bank to finish his shop. He is a General Contractor. He failed to mention that his house was red tagged back in 2017 for performing work without permits so the county had a lien on it. He also doesnt have enough... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Apr 3, 2020

Yes, you could probably sue for fraud, breach of contraCT, etc

Is there a written loan agreement between the two of you??

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1 Answer | Asked in Real Estate Law for California on
Q: Do I have a case against a seller that failed to disclose conditions of a leaky concrete slab?

We've recently bought a house (build in 1959). House had old vinyl tile. After starting remodeling, we've discovered that there is significant dampness under the tiles. It appears that many tiles have been re-glued with silicone based glue (different than original glue). We believe seller... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Mar 30, 2020

Possibly.

You would have to prove that its more likely than not that they knew of the problems with the sladb.

How much do you think your damages are?

2 Answers | Asked in Construction Law for California on
Q: What type of lawyer for defective retaining wall design/construction?

Retaining walls that were to be designed within city requirements to not need a permit. Walls were built, and measurements now show it needed a permit. Also, wall is leaning away from dirt it is retaining, and, after first rain-season, multiple sinkholes have developed on the tiers the walls are... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Mar 20, 2020

You should have an attorney who is experienced in construction law or construction Defect law.

Retaining walls over 3 feet tall also need to be designed by a licensed engineer!

Let us know if we can help.

George Wolff

www.wolfflaw.com

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1 Answer | Asked in Real Estate Law for California on
Q: exclusive listing agreement will expire

Agent contracted with handyman to remodel my house ($20,600 worth for 13 projects), to be repaid at escrow . He’s so far behind from working multiple contracts (he only shows up few hours a week ) that he will miss next week ‘s contract deadline. but agent refused to fire him, because she... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Mar 13, 2020

Its illegal to hire and use an unlicensed contractor and you don't have to pay him for work that required a license.

Whether you owe agent any money will depend on your written or oral agreement or understanding.

1 Answer | Asked in Construction Law for California on
Q: 1. What is the authority for some California contractors to provide design?

2. What authority if any prohibits third parties from using those designs?

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 26, 2020

You can create and copyright/protect architiectural and other non-structural designs and design building and construction plans for a 2 story wood frame home for building permits without any architectural license.

You can also protect the original aspects of that design by contract and also...
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3 Answers | Asked in Animal / Dog Law and Construction Law for California on
Q: I'm a construction worker and I was on a job in Lake Forest .Home owner was gone and dog got out.

That dog was in the house and got out the front door and hit by a car. They are trying to blame me. I'm an independent contractor

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 25, 2020

Were you working in house?

Were you or your employer asked or required to keep the dog inside?

It seems your employer, the construction company, might have a duty to defend you if you were working for them at the time.

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1 Answer | Asked in Construction Law for California on
Q: How can i find out if my owners rep (construction) is in a lawsuit?
George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 24, 2020

You could check the websites of local county Superior Courts, or just ask him.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I need help I have to appeal for rehearing after appelate court decided to rule in favor with judges decision of my tpr
George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 21, 2020

What specifically do you need help with?

Filing a petition for rehearing, or opposing one?

Your time is VERY limited!

1 Answer | Asked in Civil Litigation for California on
Q: who is responsible financially and physically if your neighbors trees have overgrown, and come over the fence ?
George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 21, 2020

You may be able to trim the overhanging branches if it does not harm the health of or damage the tree, but first consult with a licensed arborist about what can be reasonably done.

If there is an issue of whether trimming is reasonable, try to work it out with your neighbor or you may need...
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Q: Can I sue American Airlines for losing my luggage resulting in irreplaceable loss of property, psychological harm?

AA l ost my luggage during a international move (relocating for a job) and as a result, I have lost irreplaceable documents such as diplomas and other property. I am looking to apply for graduate school so this may have an impact on my application eligibility. Furthermore, I will never be able to... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 13, 2020

Probably not

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: If an easement runs with land in Ca and then the land goes through a judicial foreclosure... does this break easement

Related to a sign on commercial Ca property where there were easements made that run with land for access to sign .... but people are not paying and property taxes up. Can we remove their signs ?

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 11, 2020

Usually an easement would survive a judicial foreclosure.

1 Answer | Asked in Real Estate Law for California on
Q: Easement syntax: A right of way and easement, for all purposes, into over and across, upon and in and to ...

Hello Lawyers,

I own an Easement in California which crosses 4 lots.

I use it everyday for ingress/egress.

Sometimes I "maintain" both road and bridge on the easement.

I assume it is clear of legal entanglements.

The Easement was granted in 1915.... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Jan 6, 2020

It’s possible that this gives you a very broad easement.

But to give you a firm opinion an attorney would need to look at the subsequent title history of all the properties involved as well as any recorded court history as it is possible the easement was lessened or revised or cancelled...
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2 Answers | Asked in Business Law and Contracts for California on
Q: Is it fraud to use a line of credit opened by the previous owner of a business I purchased in March of this year?

We paid bought a bar in March of 2019- DBA, liquor license, all assets connected to the business. All accounts including credit lines, utilities, vendors etc. were supposed to be transferred or closed. Recently, I received a statement that there is a line of credit in the business name that the old... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 29, 2019

If you just bought the assets of the company rather than the shares, probably not as it may be a personal line of credit.

It would be best to check with the Bank to see who took out this line of credit!!

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