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...Read 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... Read more »
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.
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...Read 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... Read 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... Read more »
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... Read more »
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...Read 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... Read more »
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...Read 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
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?
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...Read 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... Read 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... Read more »
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...Read more »
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...Read more »
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...Read 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... Read more »
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...Read more »
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....Read more »
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...Read more »
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...Read more »
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