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She is also trying to gouge me on floor repair for her own mini fridge motor failing in middle of night.
answered on May 25, 2024
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1. Wrongful refusal of acceptance of rent:
The landlord should accept the payment before the expiration of the notice (if any was given) unless there are other valid grounds for eviction (e.g., Beach of a covenant in the lease agreement).
2. The... View More 
If one of the beneficiaries for the house is married, would the spouse of the married individual be entitled to the property via community property laws (CA)?
We would want the deed to list all owners as "joint tenants".
Would we have to add to the deed that the married... View More
answered on May 25, 2024
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1. The property that is obtained through heritage is separate. In California, the tracing method is used for the classification of the properties as community or separate. When tracing back the source of the property (here it is heritage), comes from a separate... View More
I removed the bedroom carpet already and plan to replace all if the carpet with a newer gray color.
answered on May 22, 2024
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When carpet is so damaged and smelly that can raise the issues with habitability, the treatment can request a replacement from landlord. (Written communication with reasons for your request is strongly recommended). This damage should be because of wear and tear... View More
The city has planned to develop 225 apartments next to an established neighborhood and did not notify all affected homeowners. Add insult to injury they will be developing another 500 apartments within a half a mile from the 225 apartments.
answered on May 28, 2024
Usually zoning laws determines what density for real estate development is allowed.
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 consult with an attorney for more details.
Two friends buy a house in California (JTWROS). Friend A puts down $50,000. Friend B does not contribute financially. When the time comes to sell the house do they split the $50,000 down payment in half or does friend A receive it all back?
What if Friend A told Friend B he was gifting him... View More
answered on May 22, 2024
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A. No Gift: The agreement or intention of the parties at the time of the purchase of the property governs their interest regarding the property share or sale proceeds rather than the $50,000. All the contributions will be considered in this allocation.... View More
answered on May 26, 2024
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Restaurants owe the utmost duty of care and hospitality to their customers. If their conduct is in an insulting way, you may have a claim for emotional distress against them.
However, you only ordered for a pick-up. That is what all the contact was... View More
This month not quite 30 day notice, but said okay, this month same rate, then more than double initial rate. Then, they're evicting me by next due date. (Not 30 days) instead, and second unit eviction. I think cause I questioned, rate and notice.
to be out by next due date. Rent... View More
answered on May 21, 2024
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If your tenancy is less than a year, a 30-day notice is required. If in the lease there is a statement of the requirements of the notice, the landlord needs to comply with that.
You need to check the lease agreement to see if there is any provision in... View More
I just acquired house from late father's trust. Been married 45 years.
answered on May 21, 2024
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Under California laws, Assets obtained through heritage are separate properties even if during marriage.
The house was obtained through a trust from your father. It would be probably a separate property, rather than a community property if you lived in... View More
My small company is engaged in online advertising
My company provided online advertising services to the buyer from November 2023 to February 2024
For November 2023 the client paid for the services
For December - February partially
I don't have a written... View More
answered on May 26, 2024
If you have any records of your communication about the order, that would suffice. There is a prior history of deals between you and this company. You can prove that there was an oral contract by prior deals without a written contract.
There are some contacts that must be written, but part... View More
I own a 1935 house w/ a historically gravel driveway easement to neighbor’s property. A new home was built there in 2020. At that time their driveway/easement was paved. Their entire construction did not consider drainage on a steep side hill and have had massive damage as a result - including to... View More
answered on May 21, 2024
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Some things need to be clarified for an answer to be given. What are the positions of the properties (your property and the neighbor's) regarding each other? Are you down the hill?
Both of you who use the driveway must take care of it and maintain... View More
I've filed a lawsuit against my employer and 1-100 Does. Last month, I served a set of RFAs and interrogatories on one of the Does (he's one of the executives), through the OC, but he didn't respond. Can I file a motion to compel and a motion to deem Facts Admitted on him?
answered on May 26, 2024
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You need to amend the complaint and add the claims you have against the now-known defendant (formerly Doe). After they appear and file the answer, you can pursue the case with other procedures with proper timing (including discovery) regarding the new defendant.... View More
They told me I coukd get the cheapest insurance and i could walk away with the vehicle and I paid the insurance and then I got a call from the dealership saying that oh no the finance company wants full coverage and i paid for it and then they told me that it was 1000 deductible and they never told... View More
answered on May 26, 2024
Probably you can sue them for damages if you have proof that they mislead you about the required type of coverage.
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 consult with an attorney... View More
The law firm was hired on a contingency basis over 18 months ago. The client decide to drop the case 6 weeks ago, but the law firm refused to let her drop the case saying she needed to think about it and wait 30 days before they would accept her decision in writing and thereby dropping the case in... View More
answered on Jun 2, 2024
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A 14-day consideration time to take such a big action for voluntary dismissal should be fine. You can ask the law firm (in writing) what the reason behind the 30-day delay is, and you would not pay them for any charges other than the process for dismissal. E.g.,... View More
Landlord hired company to remove mold on 02/29/24 as he also scheduled for new windows to be installed for the front part of apartment. Mold remediation was completed on 03/09/24 he was paying for temp housing On 03/29/24 serves us with a 60 day vacate notice and on 04/22/24 he tells us that we can... View More
answered on May 19, 2024
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Since the length of the occupancy was more than 2 years, a 60-day notice is required for substantial remodeling. The 30-day vacancy starts the day after the 60 days.
Since you are on the 69-day, you need to stay out for more than 21 days until the end... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
answered on May 27, 2024
1. DO I have to change the deed at reg/recorder's office and risk reassessment?
No you do not have to for now unless it is too the best interest of the beneficiaries of the trust (and the interests of the trustees are not considered in any decision about the management of the trust... View More
This is a suburban area with 56 homes in the association. If they get the majority of the votes, what remedy is left for the homeowners that can’t afford it?
answered on May 27, 2024
A member has a right to contest levied assessments and negotiate payment plans with the Association.
There is a cap on special assessments not to exceed 5% of the budgeted growth expenses of the association for the fiscal year unless approval for a greater special assessment is first... View More
Do judges take legal definitions into consideration in court cases?
What is the legal definition of co-signer?
What is the difference, in relation to a home mortgage, between a co-signer and co-borrower?
answered on May 19, 2024
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First, The court considers the intent of the parties in the mortgage agreement. If the intent can be impliedly or expressly defined from the agreement, that meaning governs.
If there is no definition, the court will look at the custom in the industry,... View More
Can a Sonoma County (Petaluma) homeowner, who has owned their home for approx. 45 years, add a family member (sister) to the deed without impacting the benefits of Prop 13? The Will/Trust states the house is to be inherited by the sister, but then inheritance taxes would apply, correct? What is... View More
answered on May 27, 2024
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If you want to avoid taxation thoroughly, probably there is no way for that. But, creating a trust may help you/your sister save more compared to other ways.
I strongly recommend you consult with a tax attorney. So many lawyers offer free consultations.... View More
Every meeting is an Executive session once per month where decisions are made and members are not allowed. Minutes are not accessible accept by request to inspect. I thought Boards must have open meetings and make a move to adjourn to an executive meeting at the end or beginning of an open meeting?... View More
answered on May 27, 2024
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Under the Common Interest Development Open Meeting Act, most meetings of the board of a community association must be open to attendance by the association's members (excluding exceptions). The board must keep meetings at least once or month.... View More
I was evicted from my house after almost 10 years with this company 3 years in this house the rest in my first place I rented from this company. I have recieved this letter in the mail one night from San Bernardino Sheriff saying something about an eviction and that the reality place won in court... View More
answered on May 19, 2024
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Most rental properties are somehow under rental protection statutes or local rules, so a good cause is required for eviction.
If you were paying your rents, and occupied the property in a lawful manner compliant with the lease, the landlord should have... View More
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