Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Adam T. Carralejo
1 Answer | Asked in Contracts and Construction Law for California on
Q: Can there be intentional misrepresentation post-contract signature where false representations induced me to then amend?

Contract was signed, then contractor sent change orders to alter OG contract. I signed them due to the misrepresentations of the contractor. Can I assert a cause of action for intentional misrepresentation where the contractor intentionally made misrepresentations to me to get me sign the change... Read more »

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 14, 2022

Absolutely. You are exactly right.

Change orders are one of the most likely areas for abuse by contractors because with the project already in progress, the owner has less leverage to deny the change order.

1 Answer | Asked in Probate for California on
Q: My brother a California Resident passed and spouse claimed she could not locate his Will. I was informed she was

filing intestate. 4 months later, I was surprised when I was informed that I was the named executor in the Will and was asked to decline. I got copy of Will from her lawyer and I immediately filed as executor. Wife of 10 months petitioned based on me being dilatory and judge granted her executor.... Read more »

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 12, 2022

This isn't a bad thing. Now, as executrix, she has all the obligations to you with the Court supervising. One question is whether she got authority to administer the estate under the Independent Administrator of Estate Act (full or limited). This allows her more authority to administer the... Read more »

2 Answers | Asked in Civil Rights, Sexual Harassment and Personal Injury for California on
Q: Privacy Rights & discrimination can I get a lawyer for that?

I fell down on a train and hurt my knee. I also been getting harassing behavior in the hospital & I'm being told my phone company is tracking & sharing my files on my device & doing unnecessary advertisements.

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 11, 2022

You need assistance immediately - insurance companies will use any delay against you. The basic idea with harassment is if you can't easily escape the situation (like a job, or an apartment, or the HOSPITAL) you can have a claim. Any tracking of devices or hacking can be the subject of a... Read more »

View More Answers

1 Answer | Asked in Contracts, Civil Litigation and Internet Law for Wisconsin on
Q: How do I find out if I'm one of the claimants on Davis versus Facebook?
Adam T. Carralejo
Adam T. Carralejo
answered on Aug 8, 2022

The class action has a website where you can do this, here:

https://www.fbinternettrackingsettlement.com/submit-claim.php

1 Answer | Asked in Federal Crimes and Internet Law on
Q: Is it illegal to log into someone’s snap account without them knowing but not doing anything bad?

I saw a tiktok of someone saying they’re gonna get police involved because an ex logged into their snapchat account but didn’t necessarily do anything and I was wondering if they can actually do that

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 8, 2022

No, unauthorized access to an account is not allowed. Most platforms prohibit unauthorized access. Legally there are are problems as well - its a violation of Federal law and various state laws. However, law enforcement very rarely investigates these issues or charges anyone. They will generally... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I hold a deed of trust on a piece of property, and the loan has been paid off. I Wish to file a reconveyance form.

I saw forms On the Internet, but I am not sure which one to use. Also, I am the lender. Does the borrower need to sign the form, or just the lender? I live in Sacramento County.

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 5, 2022

The trustee is required to sign and record the Deed of Reconveyance. The recommend going to a trustee or title company and hire them to do it. They can substitute as trustee and get everything signed and recorded so that you fulfill your legal duty to give the borrower clear title.

1 Answer | Asked in Real Estate Law for California on
Q: My parents purchased a property about 30 years ago and both own it as joint tenancy. When it was purchased,my mom signed

An agreement in front of an attorney that when the house is sold, my dad will get all the money. We recently found out there is a mistress. My questions are: 1) Are there anything my mom can do about the document? 2) If nothing is done and after my dad passes away, if the mistress is a beneficiary... Read more »

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 5, 2022

When two people own a property as joint tenants, if one dies the other automatically owns the whole property. So yes, if your mother dies first, your dad will own the whole property. If your father dies first, your mother would own the whole property. This will happen regardless of any will or... Read more »

2 Answers | Asked in Sexual Harassment for California on
Q: Can I get a valid subpoena without law enforcement?

I get text harassments of personal nature from someone. Reporting to the police didn’t help since they document it and not doing anything. I can trace the number to a company that owns it and provides the app allowing their users to text. But the company requires a valid legal order in order for... Read more »

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 5, 2022

You can only subpoena when there is a lawsuit, and even then there are additional barriers for a non-lawyer (you have to get the form approved by the court clerk).

Generally, sexual harassment is actionable from an employer, landlord, or someone else where it is difficult or impossible to...
Read more »

View More Answers

1 Answer | Asked in Probate and Estate Planning for California on
Q: How do I contest my father's living trust...?

My brother is trustee 75% of all assets... included is my my dad's house which I have resided since June 3rd 2021 passed 2/7/22 brother is trying to kick me only verbally and is abusive verbally doesn't live here staying here to handle estate, lives in San Francisco.

Has not... Read more »

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 5, 2022

You need to have some grounds to contest a trust. Undue influence by someone or a lack of capacity of your father ... something like that. You need to move quickly because if you brother serves your with the proper notice, your time to contest the trust will expire. Don't wait until it's too late.

1 Answer | Asked in Probate and Estate Planning for California on
Q: My sister is a trustee in CA and with the sale of my mothers home she refuses to distribute the proceeds.

She wrote the trust and now refuses to abide be the terms. Home sold for 830k. Rental proceeds were also never distributed per trust terms. Best way to proceed?

BTW Riverside DA is investigating.

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 5, 2022

She wrote the trust? Is she an attorney?

The best way to proceed is to hire an attorney to freeze any accounts before the money is gone. Do not trust the DA to do anything - typically law enforcement will designate is a 'civil matter' and decline to prosecute or even investigate it.

1 Answer | Asked in Construction Law for California on
Q: My contractor ghosted me near the end of the job. I have paid him directly but now find out he didn't order the material

He has also not paid the employees or installers. But I have paid him. What can I do legally to get job done and have his vendors paid

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 5, 2022

Abandonment of the job is a serious ethical and legal violation. If you have any contact with your contractor you should make a record (email/text/mail) of demanding reimbursement to you of any amounts owed employees and installers.

Second thing is to verify his CSLB license, if you...
Read more »

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.