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Questions Answered by Jonathon Maddox
2 Answers | Asked in Business Law for California on
Q: business paid half for work i had contract for 2 years ago they are coming back and wanting that money back

had contract, got half money, bought equipment, head guy died project put on hold two years later nothing now they want the money back.

Jonathon Maddox
Jonathon Maddox answered on Oct 8, 2021

As my colleague has stated, it would depend on what the contract that you signed actually says. Generally there's a clause or two about who takes responsibility for the project being put on hold, or how to handle the contract if something happens, (like the "head guy dying"). If... Read more »

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1 Answer | Asked in Civil Litigation, Construction Law, Intellectual Property and Small Claims for California on
Q: What is the law regarding replacing sentimental property that is damaged in the state of California

I had a leak in my ceiling in the apartment I rent. They rushed me out put me in another apartment but they damaged a lot of my property and a lot of it with sentimental value including an airplane propeller that my ex-boyfriend UPS to me when I got my bachelor's degree from flight school he... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

This would not be an intellectual property question, but there's not really a law in regards to this. This would be more appropriately a question for the insurance company that was used to fix the ceiling. As far as I know though, most insurance companies don't give any additional value... Read more »

2 Answers | Asked in Intellectual Property for California on
Q: Would a website with a brand name in its domain infringe if it linked to sites offering services similar to that brand?

For example, would the domain name degoogle.com infringe on Google's trademark if the website at that domain displayed affiliate links to more private alternatives to Google's services, such as email, online documents, etc.?

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

Absolutely it would infringe, as it would be substantially similar and be in direct competition to google's protected trademark.

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2 Answers | Asked in Landlord - Tenant for California on
Q: Can my landlord charge me per night for having a guest stay in my unit for a week?

I live in California. I rented a 1br/1 ba appt and signed a lease stating that if I had unregistered guests that I would be charged $30/night (per the lease I am allowed 2 guests every month for a maximum of 2 days). Over word of mouth when I signed the lease, he told me that it was not enforced... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

If you signed a lease that says you would be charged, then you were aware of the "potential" fees. It also sounds like you breached the lease agreement by letting your friends stay more than the allotted "2 days" per month, and sounds like you further operated in bad faith by... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Can my ex roommate sue me?

my roommate wants to take me to court for rent. So as far as i know when you pay rent it's for the upcoming month right? Well i paid at the end of June which means i paid to stay in the apartment in July. And in August i moved out and got my name off the lease. I did let them know in the... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

Generally you would pay for the upcoming month, yes. Obviously every contract can be different though, so it would depend on when you originally paid and what the deal was. What does the tenant agreement say? When does the specific month-to-month start/stop? (oftentimes it's the first of... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: When is it possible to get out of or dissolve a signed contract?

I only lived in an apartment for 1 day before deciding to move out. I signed the contract regarding security deposits but I think it's unfair that I don't get at least a portion of it back because I lived there for such a short amount. Additionally, the house owner breached verbal... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

If you signed the lease for the month and there was no official foul play, then you are committed to paying for the month, regardless of how long you decided to live in the apartment. The landlord has committed that month and has no duty to replace your monthly contract.

In regards to...
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1 Answer | Asked in Civil Litigation, Contracts, Gov & Administrative Law and Landlord - Tenant for California on
Q: What to do If my old landlord violates/breach of court orderd contract from his obligations to give me good reference

I have multiple recorded violations/breach of contract from x-landlord.I obtain them from homeowners/property managers who were considering me for tendency but was turned down because of my x landlords malicious/false bad referrals which he was court ordered not to give. I'm homeless/living in... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

There's several pieces to this. First off, you mention that he was "court-ordered not to give", which would imply there's already been a case and judgment on him in regards to his recorded breaches prior to you moving out? If so, then the discussion would be on your issue... Read more »

1 Answer | Asked in Products Liability and Consumer Law for California on
Q: Can I back out of purchasing a car

I signed all contract paperwork for a vehicle at a dealership, I haven't signed the loan check yet to give to them yet though. They said I could pick the car up after they repaired it due to recalls. This was a few days ago and I haven't heard anything back, they gave me a rental for the... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

As this question was written 6 days ago, I'm hoping this has been resolved by now. But short answer is, yes you should be able to back out of the deal if you haven't received the car yet. On top of there being some consumer protection laws, that give some room for a buyer to have... Read more »

2 Answers | Asked in Employment Law for California on
Q: If employer agrees to new payrate by email are they obligated to honor it for a temp employee?

I have an email from my employer (I'm a temp so the agency who pays me) with confirmation of new hourly payrate. They now say client didn't agree to the amount so they won't honor it, eventhough they previously indicated it was approved and provided an effective date. I have a copy... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

Based on the facts provided, yes, the agency would be required to pay you the new rate. The contract and deal is between you and the temp agency. The onus is on the employer to work out the specifics on the pay rate, not on you to prove that it was agreed on. You would likely need to consult with... Read more »

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2 Answers | Asked in Consumer Law and Civil Rights for California on
Q: can I sue a 503c "charity" that instead of replacing id, delayed several months and cost me thousands; to make money

I was imposition-ed, lied to, accused of drug use in public, used to perform work without compensated, signed notary book and they refuse to show me why? They retaliated because i threaten to report them .

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

There are quite a few accusations here, and none of which have enough information to come to a conclusion on what can be done. I would recommend consulting a lawyer, and explain the specifics and see if they can come up with a proper course of action. But, as my colleague pointed out, they are... Read more »

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2 Answers | Asked in Contracts for California on
Q: Hello so I recently bought a puppy from a foundation and a week later returned him because I couldn’t keep it anymore

The contract I signed doesn’t say anything about not getting my money back. The lady in charge of the refunds says she can’t refund me the money back. Can I sue her?

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

As my colleague points out, this case would turn on what the company's policy and contract states about refunds. You're not entitled to one just because you want to return it. Some states do require a 3 day refund for "buyer's remorse", but a week later would not qualify... Read more »

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2 Answers | Asked in Copyright, Divorce and Intellectual Property for California on
Q: Is a video on a YouTube channel considered property?

During my marriage, my ex-wife shot video of our daughter, and years later I put it on a YouTube channel while we were still married but intending to divorce. Is the video, now that I've been divorced a few years, considered both of our property (as I've assumed), or her property since... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

The property would likely be joint, as it was shot during your marriage, and California is a community property state. As my colleague has pointed out, the big issue would be on how to properly value the video. But neither you posting it online, or her being the one to actually film it, matters... Read more »

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