The terms of the agreement will determine the extent of the "relationship" created thereby.

Some contracts are long and confusing, so be careful to review the entire contract to determine if "agency" is discussed in the agreement, directly, or by language that would... View More

The problem is most likely the document that has been submitted to the court. The parties are free to enter into a settlement agreement and the terms can be far reaching in their scope. The Court generally does not care about the terms of the settlement, provided the "entire action" is... View More

Actually, it is defined based on the context in which it is used. Contracts are generally interpreted based on the plain meaning of words that are neither terms of art nor have special meaning under the circumstances. As such, "total consideration" is going to mean the total sum of the... View More

Search the justia.com site for CACI 300, CACI 301, etc. Those are the CA jury instructions for contract claims. The verdict forms are VF-300, etc.

Most judges want the instructions on a blank sheet with no information other than the name of the instruction. The case name and information... View More

This question is very vague and, generally, unanswerable.

Simply stated, the answer to part one of your question is “yes.” The second answer is impossible to provide without more facts. The outcome at trial is always dependent upon the perception of the judge or jury.

However, a... View More

The date of the breach of contract will be determinative of statutes of limitations related to contracts. If fraud is claimed, the date of discovery of the fraud will be controlling. If there is a date where you made it clear, and it was understood, you were not going to pay, the clock would... View More

This question is nearly impossible to answer without more information. Have you sustained an injury? Is the smoking occurring in an environment where smoking is not permitted? Is your employer, unlawfully, permitting smoking to occur in your workplace?

Generally, you can always call an... View More

Civil attorneys consider handling cases on a contingent basis, meaning they are compensated if there is a favorable outcome. Your question seems cut off, so I don't know if there is more to it at this point.

However, the willingness to take on a case on a contingent fee basis depends... View More

If you qualify to be part of the class, the Court, in essence, permits the suit to go forward on behalf of the class members, whether they have submitted a "complaint" or not. To provide more of an answer would require more information, but I hope that answers the essence of your... View More

The Compton court handles Unlimited and Limited Civil. The address of the Compton court is 200 West Compton Blvd., Compton, CA 90220. The phone number is (310) 603-7842.

You can be arrested if you committed fraud. If you can't pay and you did not commit fraud or any other crime, you only face a civil claim, which do not include jail time as a remedy for non-payment of a contractual obligation.

He should consider the amount of the claim and determine if he is the best (and most cost-effective) negotiator to take on the project. If he is, he should call, but employ the best possible negotiation strategies.

I think there may be multiple factors that have to be evaluated to determine of the machine is subject to gambling laws. As such, the evaluation may have to be done on a machine by machine basis.

The express, written warranty, if any, will be controlling. Any documentation provided with the refurbished part may be controlling with respect to that item. A complete answer requires much more information.

If you are representing yourself, you do the same things any attorney would have to do. There are lots of rules pertaining to out-of-state deposition, but usually, by agreement of the parties, all of these can be worked out so that you simply go to the other state and conduct the deposition before... View More

The value of the claim depends upon what is revealed in the medical records and your present condition. Also, time missed from work, past and future, will be factor.

More than a month has passed, so this may be FYI for others. It never hurts to consult an attorney. If there are issues of fault, it can be dangerous to talk to opposing insurance representatives, who are obligated to look out for their insured, not your son.

Of course, Thursday is "history." Any individual can generally represent himself or herself (there are always exceptions).

If you missed the deadline, there may be a way to correct your failure to respond under Code of Civil Procedure Section 473.

Anytime you want to... View More

If the parties agreed to timing of the delivery of settlement funds, that is controlling. Absent an agreement, the delivery must occur within a reasonable time. Usually, 30 days is more than reasonable.

Hall of Justice: 4100 Main Street, Riverside, CA 92501.

Hemet Branch is for Limited Civil.