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Questions Answered by Delaram Keshvarian
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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2 Answers | Asked in Contracts, Real Estate Law and Civil Litigation for California on
Q: Our California Homeowner's Association continually violates the provisions of the Davis Stirling Act along with

California Corporations Code Provisions. Who can I turn to for Davis Stirling enforcement and violations of the California Corporations Code? HOA's seem to be self-governed and unregulated.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

If you are a member of the association, you need to give the demand letter about the violations or illegal activities of the corporation to the board first. You hopefully get involved with negotiation with the board.

If the demand fails, you can bring a...
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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: Joint tenancy and interspousal deed?

The deed has our names and the nephew name as joint tenancy. Now the nephew want to grant his part to his wife instead? Does this sever the joint tenancy? Can we have the exemption for tax reassessment? Can we use the interspousal deed to do it?

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

Joint tenancy ends with the transference of interest by any of the joint tenants. A new tenancy in common is created without the right of survivorship.

For tax exemption, you need to consult with a tax attorney.

This is merely a discussion of...
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2 Answers | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Construction Law for California on
Q: How to print and present text messages on cell phones as evidence in court?

There are numerous text messages back and forth between the Plaintiff and the Defendant.

1) How to print and present all the text messages from cell phones as evidence in court for Trial De Novo - Small Claims Appeal? To take a photo of each text message and print that photo seems very... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 28, 2024

You can use different software such as Decipher TextMessage, iMazing, PhoneView (Mac), etc. make sure the software insert time, phone number, and other relevant information.

Authentication is usually required by a declaration or other methods.

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2 Answers | Asked in Real Estate Law, Business Law, Civil Litigation and Landlord - Tenant for California on
Q: Will a document always be marked electronically filed or EFILED when an attorney submits it electronically?

VS when an attorney submits it in person with the clerk it will be mark FILED? No background for these questions, just need to confirm the difference

Delaram Keshvarian
Delaram Keshvarian
answered on May 28, 2024

Thank you for your question!

The document filed electronically are usually labeled as"Electronically Filed." Those filled in person are labeled as"filled."

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Our apt complex is owned & managed by the San Diego Housing Commission (SDHC) …

We live in an apartment complex owned and managed by SDHC San Diego housing commission my neighbor and me live in two identical units same sq footage same number of br and ba etc is it legal for the landlord to charge me $500 more a month than my neighbor ?? I am a Senior Citizen and I am Disabled... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 26, 2024

Thank you for your question!

1. First, you need to ask SDHC what is the reason behind your unit costing $500 more than your neighbor. It can be e.g., a better parking spot assigned to that unit, less noise, or a better view, etc.

2. If there's no reason related to the property...
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2 Answers | Asked in Real Estate Law and Probate for California on
Q: In a probate case. Closing date was May 7, 2024. Can't close escrow, uninsured deed Agent left begin/end dates blank

Agent asked if I was ok signing new contract, I said no twice. New contract wrote up with different begin date and extended close date. I haven't signed . Sent by a different person

Delaram Keshvarian
Delaram Keshvarian
answered on May 27, 2024

Thank you for your question!

A valid contract needs mutual assent. This means that unless you sign the agreement, no contact is formed. However, to protect yourself, in a conspicuous language in writing, communicate to the agent that you do not want the agreement to be formed. This way you...
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2 Answers | Asked in Real Estate Law for California on
Q: How do I find my HOA in Long Beach, CA?

I own my condo and have occupied just over one year. My next door neighbor, also an owner/occupant, has lived here for 2-years. Neither of us has received any communication from the HOA, minutes, meetings, ballots, financials, etc. When I first started down this road in 2023, I couldn't even... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

You can find the information about the HOA in the package of closing documents. You can ask the sales agent. Also, you can search online for the subdivision or community name along with HOA.

This is merely a discussion of general laws and not legal...
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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

You can rescind the contract, and/or sue for damages if you spent money to repair it maintain it.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Can a lease be terminated after an inspection from Section 8. The owner lied and said we didn't have to move

He lied over and over saying we didn't have to move. We just needed to vacate the premises for the repairs to be made. Then terminated my lease

Been here since 2007.

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

This was a wrongful eviction. A proper notice or good cause must be given to the tenant.

You can sue for damages against the landlord.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and...
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