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answered on Dec 25, 2021
Successful collection of a judgment depends on gathering of information, thorough evaluation, and competent execution.
The attorney first gathers all available information from the creditor including: bank account information, list of possible assets, a description of the debtor's... View More 
I paid $50,000 to a company that promised to open and after that manage Amazon and Walmart stores for me. They promised a 20-40% return on investment monthly.
It has been three months and no work has been done. It’s very hard to get hold of anybody at the company and all communication is... View More
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answered on Dec 25, 2021
To prove fraud you must show: (a) a misrepresentation (false statement, concealment or nondisclosure); (b) "scienter," which means knowledge of falsity; (c) intent to induce reliance; (d) justifiable reliance; and (e) resulting damage. Fraud in the inducement is a type of fraud which... View More
Can the bylaws be written so an A.I.'s choices are recognized by a corporate board or the AI's code be recognized as part of the bylaws and by default, its choices have to be recognized?
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answered on Nov 27, 2020
I think that if you obtained consent from the Shareholders, Board of Directors and Officers, certain decisions might be made via AI. It's certainly an interesting concept.
However, a corporation does not always protect ownership from personal liability. In other words, the court... View More
him, which we asked for him to return in our termination notice. Now, Do I need to give him any time to pay back that money, say 5 days before I file a complaint with the CLB? Or do I go ahead and file, show proof of the overpayment, I just don't want him to say he didn't get a chance to... View More
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answered on Nov 19, 2020
It always looks better to the judicial officer if the plaintiff tried to resolve the dispute, in a reasonable way, before filing a lawsuit. This dispute sounds significant enough that it would be worthwhile to get legal advice, especially if the work was substandard.
Please check if your... View More
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answered on Oct 29, 2020
There are not a lot of specifics in the query, so here is some general information:
Reasonable attorneys fees may be awarded as costs, if authorized by law or contract. Code Civ. Proc. 1033.5(a). The claimant has the burden of proof.
If, for example, you are seeking to recover... View More
Court Judgement;
The court finds in favor
of Plaintiff on his breach of contract claim against Defendant in the amount
of $126,000.00 .
Prejudgment interest at the contract rate is awarded and shall be calculated from November 20, 2017.
Costs to be... View More
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answered on Oct 23, 2020
To collect on a judgment, after the judgment is issued by the Court, the judgment creditor must request the issuance of a writ of execution from the clerk's office. The writ of execution must be delivered to a levying officer, for example, the county sheriff or marshal, along with... View More
I have a wedding scheduled for the end of this year in Los Angeles county CA. However California restrictions do not allow any indoor events. My contract do not have any Force majeure language. If the venue cannot host my event do to the COVID-19 pandemic Restrictions or if it is unreasonable To... View More
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answered on Sep 11, 2020
Based on the facts as you present them, here are some points to consider:
1. There is a lawful contract for the venue to host the wedding at the end of this year.
2. If there is no force majeure clause excusing performance, the venue may be in breach in contract if it does not... View More
We gave them a whole year to catch up on their mortgage payments because of numerous lies they told us and we really did not want to foreclose on anyone. They did not pay property taxes or insurance either so we had to do so. We want to seek reimbursement for these costs foreclosure costs, court... View More
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answered on Sep 3, 2020
You need counsel. Justia has an excellent tool ("Find A Lawyer") for you to find a local, competent attorney in your area.
Seller & Realtor testified they hid stench, misled me, lied to me. Testing and Ca. State expert testified extremely high third hand smoke could change grandchild’s DNA, injure & kill someone. Unsafe and so I demolished everything down to metal studs & concrete.a Arbitrator said... View More
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answered on Aug 28, 2020
There are only limited grounds to challenge an arbitrator’s award in California Superior Court. A party may file a petition to vacate or correct an arbitration award under Code of Civil Procedure section 1285. There are no other grounds to challenge the award. [Moncharsh v. Heily & Blase... View More
I worked for a real estate agency. My boss is attempting to sue me, claiming that I deleted files off the computer. He also claims he owns my business (A Marketing Agency) as I opened it while working for him.
There is an alarm code history in which it has me registered for going in 5 days... View More
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answered on Aug 16, 2020
A determination of ownership of the Agency requires a review of: (1) the facts and circumstances surrounding the establishment of the Agency; and (2) your agreement with your boss (if there is one), along with whatever emails or texts you exchanged, plus any applicable oral agreements. Also, your... View More
I was living in Stockton at that time and was never served. Just got the judgement through the mail 6/29/20. Judgement is for 16k original balance 8 years ago 8k. Other party will not take less than 10k
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answered on Aug 10, 2020
Under California Code of Civil Procedure section 473(b), the Court can relieve a party of a default judgment due to "his or her mistake, inadvertence, surprise or excusable neglect."
Also, the court may, upon noticed motion, set aside any void judgment or order. (Code Civ. Proc.... View More
Other party decided to back out of sale before escrow and refused an inspection of property. Can both of us be sued or can other party only be sued for there backing out. What are my options? What can I do?
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answered on Aug 2, 2020
If a seller breaches a residential real estate contract, the buyer may sue for damages or specific performance. A suit for damages is either for a specific amount set by the contract (liquidated damages) or for the actual amount of damages suffered, as calculated by statute. (Civil Code sections... View More
I have the UD, Writ of Execution (from 2013) and have tried to serve 2-3 banks years ago to see if this individual had money with those banks with no luck. Its been several years now and this POS has written another book (hes a complete fraud) but it looks like he has been making money. I think I... View More
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answered on Jul 27, 2020
Your 2013 writ of execution is almost certainly no longer valid. A writ of execution is valid for two years from its issuance. (Cal. Code Civ. Proc. section 697.710.)
As an alternative to a writ of execution, you may consider a judgment debtor examination coupled with a turnover order.... View More
This is related to a lease clause of a commercial building and the landlord is stating that he is not responsible for repairs to the building due to code violations because he disclaimed any financial responsibility for any "refurbishments", "improvements" and/or... View More
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answered on Jul 15, 2020
I'd like to know more about the lease. Leases typically specify that: (a) the property is not in violation of any building code, regulation or ordinance, and (b) that the landlord will maintain/repair the building as needed.
If the above-listed provisions exist, arguably, the... View More
One of my major vendors based in Asia is asking for customer information and invoices in order to keep giving me Distribution price.
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answered on Jul 5, 2020
A breach of an NDA can lead to litigation. In Five Star Gourmet Foods, Inc. v. Fresh Express, Inc. 2020 WL 513287, Five Star sued Fresh Express for fraud, misappropriation of trade secrets, unfair competition and other claims based, in part, on alleged breaches of various NDA's. Five Star... View More
We had a verbal agreement to keep items until they sold. Now they claim I Abandoned them What Cal. Agency must I complain to?
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answered on Jun 30, 2020
As stated by the other attorneys, this is appears to be a civil dispute which belongs in court.
In Premchand v. Mohammed 2005 WL 705304 (Unpublished), a diamond merchant sold another diamond merchant over $1.1 million in diamonds on consignment. The trial court entered judgment in favor of... View More
We had some remodelling done by a contractor introduced by our agent who said he is licensed. We got his license number, check against CA licensing site, and it’s valid. After the sale of the house, there was an issue. We gave the contractor contact to the buyer and seemed like the contractor... View More
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answered on Jun 23, 2020
In California providing contracting services without a license is a misdemeanor. See Bus. & Prof. Code § 7028(a). Plaintiff is entitled to a full refund of “all compensation” paid. See id. at § 7031(b). To “protect the public from incompetence and dishonesty” by contractors, the... View More
is it possible to get it back? i am in great debt and can't afford any expensive lawyer fee
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answered on Jun 15, 2020
Business collection attorneys regularly use contingency fees in collection cases. Creditors typically do not wish to risk additional money on the promissory note, bill or receivable. Sometimes, creditors also believe that attorneys will work harder if their fee depends on the amount collected.... View More
I recorded a partial judgement on reserved issues that wasnt the final judgement ....what should i do?
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answered on Jun 14, 2020
Generally, an abstract of judgment is issued and recorded on the final judgment.
However, in certain circumstances, the clerk of the court will issue an abstract on a partial judgment. See Lucky United v. Lee (2010) 185 Cal.App.4th 125, 131, 142 (clerk issued abstract of judgment and... View More
How can we back out of this contract?
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answered on Jun 3, 2020
“A big mistake” could mean many things.
Generally speaking, if the Seller has breached the contract, the Buyer has three options: (1) finding a loophole in the contract to walk away; (2) suing for damages in an action for breach of contract; and/or (3) filing a lawsuit for specific... View More
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