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Questions Answered by Delaram Keshvarian
2 Answers | Asked in Landlord - Tenant for California on
Q: I'm currently facing a rental dispute regarding my lease in California.

need to transfer my lease to a new tenant or conduct a lease takeover due to an urgent situation. However, the lease agreement has specific clauses about assignment, subletting, and adding additional occupants that seem restrictive and potentially void without prior written consent from the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 6, 2024

Thank you for your question!

It seems that your lease agreement allows subleasing/assignment conditioned on the landlord's consent.

Landlord's consent must be reasonable, and he cannot just withdraw his consent not to allow subleasing. For example, if the new tenant has...
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2 Answers | Asked in Foreclosure for California on
Q: Can a lender give you a loan based on a fraudulent credit score?
Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

Thank you for your question!

Yes, the lender may rely on a fraudulent credit score during lending. Later, when the interest rates of loans go up, the lender can foreclose borrower's property at a distressed price based on fraud (which has both criminal and civil penalty).

This...
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4 Answers | Asked in Consumer Law for California on
Q: Can the owner of a business (laundry) deny me service because I posted a negative comment on Google maps ?
Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

If government has strong entanglement in the business (e.g., they benefit from the business in anyway), under free speech clause, 1st Amendment, they cannot deny their service based on your review.

But, if they are private business, you have no protected constitutional right against them.

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2 Answers | Asked in Foreclosure for California on
Q: Is it legal for an attorney who. Is a defendant in an illegal foreclosure lawsuit who also represents the other defendan

To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

Thank you for your question!

As long as the interest of the clients are not adverse to each other, he can represent both of them. The lawyer must reasonably believes that she can represent both clients without conflict of interests. Or else, a written consent is required by each of the...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Breaking a month to month lease

As a landlord I want to break my tenants lease because they won’t agree to me raising the rent. Can I write my own document saying i’m ending the lease? Or do I need to get an actual lawyer to write up a termination. Thank you.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 8, 2024

Thank you for your question!

There is a huge difference between a commercial and a residential lease. (This information is missing in your question).

Residential lease:

A good cause for eviction is required in many cities or properties. Give a 30-day notice of the increase...
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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Do I use a grant deed or a quitclaim deed or another form to change ownership of a house from primary trustee to succ?

I am the only heir/successor trustee of my mom's revocable trust. I want to change the deed at the REG/rec in LA, ca, from my mom as primary trustee (SHE died in 2/24) to me (the only successor trustee) as SOLE owner.

2. DO other forms go with (need to be filed with) the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

Thank you for your question!

The revocable trust can be revoked by the trustor (your mom) and not by trustee or beneficiary. The only person who can transfer the trust assets from trust to your name, is your mother as long as she is alive.

When the trustor passes away, the trust...
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2 Answers | Asked in Foreclosure and Civil Rights for California on
Q: trustee, before/foreclosere rescided, cancel, withdraw,to default etc the loan is base of fraud how despute loan,

I cant continue paying after principal adjustment worst the new servicer have modified the payment history, went back 10 years before their time(access fees) the balanced in not correct what are my options. or where do I stand. Calfha reconvenyance the property back to me.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 4, 2024

Thank you for your question!

You can talk to the bank about the miscalculation of your loan balance. If there is a dispute about the amount of the balance, you can file a complaint and ask for declaratory judgment in addition to accounting.

I recommend you talk to a foreclosure...
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2 Answers | Asked in Foreclosure for California on
Q: what happened why rescinded, did my loan cancel back in 2012? can I suit, should I wait?

before the foreclosure the loan was force to be delinquent is very noticeable where the funds were at times applied, reverse, and them gone, I had no idea about the foreclosure, and I never lost contacted with BofA to the point of I was trick to signed docs and a loan modification was borned, even... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 4, 2024

Thank you for your question!

It seems that a foreclosure was done on your property without any notices, and there were unauthorized withdrawals from your account. An attorney needs to track the bank's conduct to see if there was a wrongful foreclosure.

This is merely a...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Can I void my lease if the apartment was not ready by the term date?

I signed my lease and paid deposit and first months rent before the final walk through of my apartment. When I went to move in and do the final walk through, there were dead roaches on the floor, the apartment was dirty and the whole complex full of weeds. I did not move into the unit because I... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 8, 2024

Thank you for your question!

If there is infestation of roaches or unhabitable situation in the property, you can cancel the lease. The landlord has a duty to deliver the property to tenant in a proper and habitable situation.

Consult with an attorney to figure out if the situation...
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2 Answers | Asked in Consumer Law for California on
Q: My storage unit is being auctioned off, I was told a day before. And I had to call myself to find out.

I've also been given notice in the passed late, and feel as tho I never got treated properly as a customer. Only getting 20 minutes at a time to be at my unit.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 4, 2024

Thank you for your question!

The storage faculty is a commercial property. If there is a provision in the lease that governs Notices, the landlord needs to comply with that.

If the lease is silent about the notice, an appropriate notice must be given under the law. A one-day notice...
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2 Answers | Asked in Landlord - Tenant for California on
Q: I got a 30 day notice to move out but i’ve been living in the house for over 5 years is that legal?

Been living and renting this house for a while now just me and I pay on time. Her reason why is because she hasn’t been fixing things that break and wanted to raise the rent the same time we had a leak and one of the rooms was ruined and molded. I refused her rent increase and said I’ll agree... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 3, 2024

Thank you for your question!

If the eviction is without cause, a 60-day notice is required for a month-to-month occupancy.

You can defeat the unlawful detainer based on the defective notice. There can also be other laws and local rules in your favor.

This is merely a...
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2 Answers | Asked in Real Estate Law and Election Law for California on
Q: Am I wrong that once the HOA Board election is certified all the winning board members terms begin and losers end.

• https://oakhillsestates.com/ByLaws_May2019.pdf

• Bylaws state that President and VP, two high offices, be filled with persons "who shall at all times be Directors" effectively those offices be held with election winners where Directors are created from voting membership not... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 3, 2024

Thank you for your question!

A member have a write to inspect the list and object before the vote gets final.

If they ignore your objections, file a complaint with the board. If that does not work, file a complaint with the court. Document everything (communication, statements of...
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2 Answers | Asked in Real Estate Law for California on
Q: A lien was placed on my property by a private lender. Debt paid but lien is still on my property. I need to get removed.

I received papers from bankruptcy notice of cure payment. Bank wants a reconveyance so lien can be removed. Lenders atty did not file any papers and no one want a to help me

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 3, 2024

Thank you for your question!

You need to obtain a "lien release" or "satisfaction of mortgage" document. Notarize and record it with the county recorder where your property is located.

This is merely a discussion of general laws and not legal advice. For legal...
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3 Answers | Asked in Consumer Law, Employment Law, Family Law and Personal Injury for California on
Q: Motion to compel Discovery vs motion to compel further responses

The defendant refused to respond to requests for documents. After I filed a motion to compel, he responded with unverified boilerplate objections—past the deadline. Should I now file a motion to compel further responses and book a new hearing? If I do, should I withdraw the motion to compel... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

Keep the current hearing and fillings. You don't have to file another motion to compel further answers until hearing. Use the uncertified answer as additional evidence. Meet and confer before that about the verification. You may file for sanctions.

If after your motion to compel gets...
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2 Answers | Asked in Consumer Law and Foreclosure for California on
Q: What is full settlement authority

In a Civil case must the plaintiff have full settlement authority

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 3, 2024

Thank you for your question!

No, there is no such requirement unless the Plaintiff settles on behalf of an organization, another person, etc. This applies to both Plaintiffs and defendants.

This is merely a discussion of general laws and not legal advice. For legal advice, more...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: What penalty is there for an unlicenced person who leases a property to a tenant wrongfully? What if...

An RSO apartment building had an (unlicensed) lay person as the on-site manager. OSM began taking over leasing duties when the owner was aged and unable to keep an eye on the building. They rented apartments 40% below market value to friends. We believe they signed the leases with the name of the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 3, 2024

Thank you for your question!

You can report the OSM and its supervisor to DRE. If the lease agreement is formed by fraud and the claim is still actionable, the lease is void and the tenants have to move out. However, they may be entitled to a proper notice and have claims against OSM....
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2 Answers | Asked in Contracts and Civil Litigation for California on
Q: I'm currently being sued and just discovered that the plaintiffs will be filing Chapter 13. How does it affect the case?

I'm currently being sued for breach of contract and so far we are still going through the motions of the lawsuit the majority of their actions have been dismissed at this point with the exception of one cause of action but i just discovered that the one of plaintiffs will be filing for Chapter... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

The plaintiff's bankruptcy filing will impact your client's post-judgment collection in case there is any counter or cross-claim. Also, it may delay litigating the breach of contract claim.

This is merely a discussion of general laws and not...
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3 Answers | Asked in Consumer Law, Contracts and Construction Law for California on
Q: Construction contact question

I paid a construction company to build an ADU via lenders and I can't get an answer from them on any updates. I want to get my money back.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

You need to document all your requests for an update and lack of any progress on your project.

If the company fails to respond in a reasonable amount of time, you send them a demand letter with the help of a lawyer.

If the negotiation fails, you...
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3 Answers | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Need help seeking reimbursement of delinquent debt on a CC accumulated after I legally left business

left business i co-founded via executed contract

partner fails to remove me from business bank account ownership (no debt when I left)

business accrues unpaid debt several years after I left

bank notifies me of delinquency, I contact partner and the bank and fill out all... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

A partner should not be held liable for debt of the business after leaving the business. You need to document all evidence of your departure and not receipt of the profit from the business.

After documentation, you can start negotiation/mediation with...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Our building was given NOTICE AND ORDER TO VACATE AND REPAIR SUBSTANDARD BUILDING, AND ABATE PUBLIC NUISANCE.

What should I do, What are my rights as a tenant, and what happens if I don't vacate in the required 10 calendar days. Should I trust the city is on my side or should I talk to a lawyer.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

You may be entitled to a longer notice based on your situation (e.g., age, disability, years of occupancy, etc.). Also, based on the location of the property there can be local rules that require longer notice than 10 days. You may be entitled to relocation...
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