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Questions Answered by Adam Stoddard
1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: If a landlord misrepresents the reason for terminating a lease with tenants, do tenants have any rights once they moved?

Our landlord terminated our 6 month lease that rolled over into a month-to-month lease in CA with 60 days notice and gave the reason that her son would be moving in. Once we moved out of the condo, no one moved in and it was put on the market to be sold. We had lived in the condo for a total of... View More

Adam Stoddard
Adam Stoddard
answered on Nov 4, 2022

I suspect you have no legal recourse against the landlord. Your lease agreement likely includes language that either side may terminate the rental agreement after providing 60 days written notice. Likely when the notice to terminate the rental agreement is sent, no reason is even needed. The fact... View More

1 Answer | Asked in Elder Law for California on
Q: Elder financial fraud: Uncle was coerced into signing for a car loan.

Elder uncle Carlos' granddaughter, coerced him into signing an auto loan while he was in severe pain and not in his right mind at the time. Her name was not added to the loan, but she took possession of the vehicle. Carlos' credit is pristine, but financially does not qualify for any... View More

Adam Stoddard
Adam Stoddard
answered on Nov 3, 2022

Financial Elder abuse is found under Welfare and Institutions Code Section 15610.30, et seq. It is unclear from your description, but it sounds like Karla used your uncle, Carlos, to obtain a car from a dealership, then Karla took the vehicle and did not pay the monthly loan, but rather Carlos was... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Environmental for California on
Q: I have condo in Long Beach that has sustained months of water damage. Asbestos was found in walls and is now abated.

This has left over half of the condo without walls, closets, cabinets and drawers in bath, kitchen and some floor covering is missing. The leaks are fixed.

Problem: My HOA and the property management company have delayed beyond a reasonable time to get repairs completed. We are now... View More

Adam Stoddard
Adam Stoddard
answered on Nov 1, 2022

That's unfortunate news about your condo. I would suggst to first review the CC&R's to see whether or not you can even make repairs without having the oversight from the HOA. I have a condo myself used as a rental property, and I know the CC&R's dictate that the HOA has to... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: California: Is it required by law that a dentist use a lead apron when performing xrays?

My dentist was rushing an xray today and I realized they did not put an apron on me like they have done in the past

Adam Stoddard
Adam Stoddard
answered on Oct 28, 2022

Whether or not to use a lead apron for an X-ray would depend on what the standard of care for a dentist would be. If all other dentists use lead apron's for X-rays and one does not, that would be a deviation from the standard of care. To answer the question completely, one would need a dental... View More

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3 Answers | Asked in Contracts for California on
Q: Hi, how do I get out of contract that was signed but the work has not started? I don't even think materials are ordered.

The time frame to cancel contract was five days from date of signature. We are now at a month later but nothing has been started.

Adam Stoddard
Adam Stoddard
answered on Dec 19, 2023

You should ask the other party if you can mutually agree to terminate the contract. You should review the terms of the contract before cancelling anything unilaterally.

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3 Answers | Asked in Contracts, Banking, Business Law and Civil Litigation for California on
Q: I am the controller for a company being sued for 1.5 million by a bank. Am i considered does1-100? Do i need attorney
Adam Stoddard
Adam Stoddard
answered on May 11, 2023

If you have not been personally named in the lawsuit and served with a copy of the lawsuit, then you are not a named defendant. The fact that the company you are working for is being sued, does not mean you personally are being sued or that you have any personal liability.

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2 Answers | Asked in Personal Injury for California on
Q: how to respond to Pursuant to CCP 430.41 ca contra costa
Adam Stoddard
Adam Stoddard
answered on Apr 3, 2023

It is unclear what it is exactly you are asking. CCP 430.41 discusses the requirement that one party meet and confer before filing a demurrer. If you received a letter or communication pursuant to 430.41 attempting to meet and confer about your complaint, you should check to see if there is any... View More

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2 Answers | Asked in Construction Law and Business Law for California on
Q: If you buy a construction company in California do you get their license as well?

If you buy a construction company in California do you get their license and does the owner that holds the license need to stay on board? If the license holder, quits, is fired or for any other reason leaves the company would the license stay with the new owner?

Thank you!

Adam Stoddard
Adam Stoddard
answered on Mar 9, 2023

A company cannot get a contractor's license, at least to my knowledge. An individual can obtain a contractor's license, then setup a company (sole proprietorship, LLC, corporation, etc.) and then that company can contract under that individuals license. Thus, if you were to buy a... View More

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3 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Election Law for California on
Q: Questions regarding legal career

I'm currently a Political Science student at UCLA. I am considering going to law school and I would like to talk to currently practicing lawyers to gain some perspective regarding law school and careers in law. Would appreciate if anyone would be willing to chat :)

Adam Stoddard
Adam Stoddard
answered on Mar 8, 2023

I would be happy to speak with you for a few minutes over the phone. Give me a call.

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3 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for California on
Q: I was parked and another driver got upset that I was blocking him so he yelled some words then intentionally hit my car
Adam Stoddard
Adam Stoddard
answered on Feb 17, 2023

That sounds like a start to a bad day; however, I do not see a legal question here. If you are trying to ask if the other driver is liable for the damage to your car, at least based on the limited information you provided, I would suspect yes. Did you file a police report? Do you have the other... View More

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2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: if I file a complaint with the court but have yet to file it with the defendants, can I change it? Not facts just reduce

Representing myself, judge extended my timeframe to submit summos and complaint, so it should be okay to change, right? live in CA

Adam Stoddard
Adam Stoddard
answered on Jan 25, 2023

You are entitled to file an amended complaint once as a matter of right without seeking leave of court to do so, as long as it is before the defendant has answered or filed a demurrer. Refer to CCP 472.

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4 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: Defendant found math/fact errors in the Stipulation after Judge signed it.

The plaintiff made the stipulation to settle down something and the defendant signed on it. The defendant had the Judge signed on it 2 weeks later as well. Unfortunately, the defendant realized there were errors in the stipulation at the moment the Judge signed it.. The defendant didn't find... View More

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

The stipulation and order can and should be amended. If the plaintiff took $10K from the defendant's bank account, and it was not accounted for in the stipulation/order, it would be prejudicially unfair for the defendant to pay another $10K. Mistakes happen, but it should not cost another... View More

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3 Answers | Asked in Personal Injury for California on
Q: Can I talk to the defendant directly and agree on a settlement to get payment? And how?

I have a car accident case, unlimited claim. I didn’t accept the settlement payment that the defendant offered. I planned to do a trial, but my attorney gave up my case now, so I changed my mind and want to accept the settlement by myself. So can I talk to the defendant directly and agree on a... View More

Adam Stoddard
Adam Stoddard
answered on Jan 16, 2023

There is nothing that prevents direct party to party contact. If the Defendant is self represented and filed any court documents, look on those documents on the first page for his/her contact information.

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1 Answer | Asked in Elder Law for California on
Q: Lawyer dropped my case. For non payment. I have court Jan. 6 2023. I Don't know what to do

Mom is sick. Brother has been taking money, lying about funds, had her will changed and causing mom to be depressed.I Am 63& don't have any more money to pay my lawyer..

Adam Stoddard
Adam Stoddard
answered on Dec 14, 2022

You should go to Court on January 6, 2023 and speak to the judge. You should be paying your lawyer. No one is going to work for free on your case.

1 Answer | Asked in Medical Malpractice for California on
Q: Is there a status letter of limitations to sue a doctor for over prescribing opiates in california?
Adam Stoddard
Adam Stoddard
answered on Nov 19, 2022

I believe you mean the statute of limitations. Refer to C.C.P. section 340.5. 1 year from the date of discovery, but no longer than 3 years.

2 Answers | Asked in Business Law and Contracts for California on
Q: In California is a general contractor allowed to request material receipts and detailed labor information from a subcon

This is regarding a change order on a commercial project

Adam Stoddard
Adam Stoddard
answered on Nov 15, 2022

I'm not sure about detailed labor information, but I see no reason why they couldn't request material receipts. To be sure look toward the contract to see the terms of the agreement.

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2 Answers | Asked in Business Law for California on
Q: In california, can I personal train clients at a commercial gym I go to that I have a membership for.
Adam Stoddard
Adam Stoddard
answered on Nov 13, 2022

Likely not. You should consult your contract with the gym to be sure but I suspect training people there would be a violation.

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1 Answer | Asked in Construction Law for California on
Q: i have a contract with an architect for the design and building of an ADU. He says I have no rights to the work product.

We have agreed he will not oversee the permit and inspections and will stop work. The design is finished, and we have agreed on payment of 1/2 of the total contract, however he says I may not have a copy of his design. I've agreed to pay 9k out of an 18k contract.

Adam Stoddard
Adam Stoddard
answered on Nov 11, 2022

I would look to the terms of your contract with the architect. It may describe what, if anything, you are entitled to as far as the work product. You may need an attorney to review the contract as well.

4 Answers | Asked in Personal Injury for California on
Q: How can I find out if my lawsuit is still in litigation. Is 4 yes right to still be in litigation? My attorney never cal

My attorney always avoids me it seems

Adam Stoddard
Adam Stoddard
answered on Nov 9, 2022

4 years is not that unusual for a case to drag on for civil litigation. If you have the case number, you can go to the Court's website to check the status of the case and find out where it is procedurally.

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1 Answer | Asked in Civil Litigation for California on
Q: How do I get the defendent to bring my property to court in order for me to prove ownership?

I need to prove ownership of my property. Do I file a motion to order them to produce property in order to prove my ownership or do I go through discovery with a request to inspect evidence? Which is quicker to be heard? Although i have a police report I feel as if I'm retrieving my own stolen... View More

Adam Stoddard
Adam Stoddard
answered on Nov 4, 2022

Have you filed a civil lawsuit? If you filed a civil lawsuit, then you can send a request to inspect the property. At that time you can inspect the property and take pictures of it which you can use as evidence to show the Court and Jury to plead your case. Additionally, you can send a trial... View More

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