Hi, before signing a contract with this tenant, she asked if the contract could be till mid March. I said no, I can only do till end of April. So she agreed and signed the contract. She gave me a 10 day notice that she’s leaving, I told her that’s not okay and that she either finds someone to... Read more »
Assuming no other "Issues," in your situation, a tenant must pay rent when called for in the lease. If the tenant fails to pay, then you must serve a "Three-Day Notice to Pay or Quit." If she pays, life is good. If she does not, you have to file with the court and serve her with an Unlawful...Read more »
2 bathrooms 95% complete (punchlist, barn doors and faucets left). Materials were not in yet (this was the 2nd or 3rd time we were waiting on her), but temps were installed. Left job for 2 weeks due to previously scheduled out-of-town job. Client fired us and refuses to pay for the 2nd bathroom or... Read more »
"Substantial Performance" is the term you seek: "I ordered 100 flowers and you only brought me 95. I am not paying you." If a party "Substantially Performs" terms of contract, then payment is due, but payment may be prorated fairly.
Here's a link to the CA Jury Instruction, and all kinds...Read more »
We sometimes pay our employees an hour of travel time for commuting during high traffic time around Los Angeles. I do not believe we are required to because it is generally under 40 miles one way. However, in LA traffic that can mean 4 hours of drive time round trip. How can we pay them for that... Read more »
In California a former employee is suing my business for disparaging remarks made on social media that were not made by myself or any current employees, it was posted by an social media account that only existed to post said comment in a random group. I have retained the services of an attorney but... Read more »
In the state of California, if you are an unlicensed contractor who is hired by and performs work totaling over $500 at a senior citizen residential facility, are there any specific penalties beyond being unlicensed because it is a senior living home?
After or simultaneously when the payment on the Stop Notice is "Honored," i.e., check clears your bank account or you have cash in hand. NEVER release before payment. If obligor on Stop Notice "all of a sudden" finds a problem with your work or services after you sign the Release but before...Read more »
CA minimum wage went up to $13/ hr Jan 1, 2020 for companies with 26 or more employees. My branch does not have 26 employees, but there are well over 26 employees nationwide. I’m an exempt employee making $49,920 a year ($24/ hr). HR has told me I do not fall under the designated threshold.... Read more »
Yes, based on your "Facts," you are correct. However, whether you are an "Exempt" employee may be in issue. There are a few requirements for exemption from overtime, as as a "Management" Employee, beyond the double mim. wage requirement.
Re "Exempt" status, see: Labor Code, § 515, et...Read more »
Per my contract, I receive $3,500 per month salary through a payroll company. I also receive 8%-10% of my employer’s commission which has been paid via 1099 since I started years ago. My tax lady said this is wrong because I should be getting paid through payroll for the 8-10% I receive. My... Read more »
Many possible issues with your payroll arrangement. Without more facts, it's hard to determine the specific issues. However, the Employer is most likely in Breach of your Employment Contract, as I doubt the Contract contemplates any deductions from your pay for Employer payroll costs....Read more »
Yes, you can be sued employee for causing personal injuries, even though your "Negligent" actions occurred while you were working as an "Employee." Your relationship with your employer is only relevant as to the duties and obligations between you two, not the injured person. Of course, the injured...Read more »
I paid cash in full for 2 crowns, however the dentist ordered 2 different color crowns on my front teeth. After 3 months of having to wait for these crowns i decided to get them done by a different dentist. It took 6 days. The first dentist has declined to reimburse me the $3000 i paid in advance.... Read more »
The Dentist had an obligation to provide two Crowns to you. If the crowns provided did not conform with the crowns called for in the "Agreement," like "Wrong color" and the Dentist did not/could not/ would not correct the problem ("Cure his breach") within a reasonable time, then the Dentist most...Read more »
Former Employer is refusing to pay out unused earned PTO because I was ineligible to receive vacation benefits after switching from full time to part time. I totally understand not accruing additional hours upon the reclassification, but I’m not sure if it’s legal to have a policy of forfeiture... Read more »
My RV was towed because they've been in the same spot more than 72 hours. The tow company who is contracted with the police department has it in their locked yard. it has been broken into ransacked and a bunch of personal belongings have been stolen. My question is is the tow company liable for my... Read more »
During a scheduled Demurrer hearing, the Plaintiff's were live via a Court-Call hookup. The Plaintiff's waited for 54 minutes for the Defendants or their attorneys to appear, neither did. This 54 minute wait included the judge having the Plaintiff stand by to see if Defendants showed up.... Read more »
Like never got a paystub didn't get paid for training didn't pay me for times I worked took money out of my check for register being short when there was more than one person in the register manger would get in my face and yell at me infront of customers and when I finally had enough after i finaly... Read more »
CA-Received flawed 3 day notice (other tenant/m girlfriend) not named ,rent amt incorrect + late fee and utilities listed. I filed answer to UD but want to amend. Can I, if done within 10 days? Which forms to use, how to cite the flawed notice to get judge to dismiss? Should I still file answer... Read more »
If you do not have the funds to pay all rent due, you're essentially whistling past the graveyard. Though an incorrect Three-Day Notice, etc., may delay your eviction, it will not stop it: You are only buying time.
Plus, to the extent that your Agreement with the Landlord contains an...Read more »
Most of the work was done disgustingly, with a lot of obvious flaws, and we demanded to redo everything.We have already paid the contractor 70% and demanded to fix all the problems before he receives the rest of the amount.After that, he disappeared, did not answer my calls and emails.
Only licensed Contractors/Sub-Contractors can lien real property for services/materials provided on a private work. PLUS: Any licensed contractor/sub who did not have a direct contractual relationship with you had to have provided a timely "20 Day Preliminary Notice" to you/homeowner in order to...Read more »
If your situation is as clear and simple as you state, than most likely, "No." BUT: I do not think your "situation" is as clear and simple as stated. You may be referring to your Parent's Trust or Living Will, under which you were/are to get the home.
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