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Questions Answered by John Francis Nicholson
1 Answer | Asked in Consumer Law, Contracts, Business Law and Construction Law for California on
Q: Is there a penalty for backing out of an agreement for an HVAC project that has not started?

I signed a "proposal and purchase agreement" for HVAC work for my home. I signed it on March 15, work is originally scheduled for March 30-April 3 but I had to postpone it until end of April. However, with the economic uncertainty due the pandemic, I might back out of this agreement... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 4, 2020

Apparently you did not cancel the contract within 3 days, which, theoretically, locks you into it.

As you know these COVID-19 times are very uncertain, and we don't know how the courts are going to rule on the multitude of cases affected by the pandemic that are now before the court,...
Read more »

2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Can I sue/file a lawsuit Expedia for not upholding their return policy, whilst insurance was purchased via their website

Was suppose to go to Rome from San Diego on 4/23. Paid $2055 with insurance for 2 people and hotel. I understand in the midst of covid-19 things are hectic... anyways they are only offering me $439 for the flights and roughly $780-$800 for the hotel. Which means I’m only getting back $1236 ish.... Read more »

John Francis Nicholson
John Francis Nicholson answered on Mar 31, 2020

First of all, as you know, life has totally changed as we know it. Hopefully, it will get back better, but I don't know if things will get back to normal. Getting business services to "serve" is very sketchy. If you are in communication with the company that you contracted with... Read more »

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2 Answers | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: lawyer withdrew from case. sent letter of declining further representation, then withdrew the withdraw

lawyer filed my case in appeals on her decsion , then filed a motion to withdraw and sent me a letter declining further representation. then without my knowledge withdrew her withdraw. she is back on the case with out asking me. 1) doesn't she have to ask me if i want her to get back on the... Read more »

John Francis Nicholson
John Francis Nicholson answered on Mar 31, 2020

I agree with Mr. Sisco. However, if you are unable to work through what has happened with the attorney, and why, to your satisfaction, it may be worth it to you to consult another attorney regarding your circumstances, and provide more details as to what happened along the way to the current... Read more »

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1 Answer | Asked in Contracts and Products Liability for California on
Q: If I sold a pickup truck under lien papers and sold it. Can the people come back and get their money?
John Francis Nicholson
John Francis Nicholson answered on Mar 21, 2020

Your question is not crystal clear to me but I'll do my best. If you sold the truck and there was a lien on it at the time I assume you had a loan to buy the truck and it was not paid off. That should be reflected on the pink slip and you should have explained that to the buyer.... Read more »

1 Answer | Asked in Contracts for California on
Q: Breaking apartment lease

Due to the corona virus, all my college classes are online. I signed an one year apartment lease and I still have 6 months left. Is there any way I can break my lease legally? This apartment has a roach infestation that we repeatedly asked the landlord to fix but she hasn't done anything about... Read more »

John Francis Nicholson
John Francis Nicholson answered on Mar 14, 2020

Generally, you cannot break your lease unless the landlord has breached the lease, with a material breach - meaning it cannot be for something minor. However, a roach infestation is not minor and goes directly to HABITABILITY. Hopefully, you have a written record, letters or emails, that inform... Read more »

1 Answer | Asked in Contracts for California on
Q: How can I attached myself to a current class action lawsuit against a company?

I currently see there's a class action lawsuit against the company Zapporoo. I have also used this company for services and that have not been rendered. I would like to understand what steps did to be taken to pursue a lawsuit to receive the money that i have given to this company

John Francis Nicholson
John Francis Nicholson answered on Mar 8, 2020

You need to contact the attorney that is representing the Plaintiffs. If that information is not readily available there must be information out there that will enable to determine what courthouse is handling the case and you can get the attorney information there. Good luck.

2 Answers | Asked in Business Law and Contracts for California on
Q: Is it customary for attorneys to keep clients’ stockholder share certificates at their office?
John Francis Nicholson
John Francis Nicholson answered on Mar 8, 2020

I've practiced law for 20+ years and I do not believe it is customary. I do not keep any of my client's documents except copies of wills, trusts, contracts that I was involved in providing legal services. However, if the attorney is representing the client's interest as a... Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: Burden of proof for driving on DUI

Visitor

My friend got a dui and there were two people in the car. She was told by a police officer friend that if both of them say they weren’t driving, another person was and basically make up a person, say the friend was driving and ran That they can’t prove who was driving the ca and... Read more »

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

You have several issues here surrounding your question. The standard of proof for conviction is "beyond a reasonable doubt" that your friend was driving, and that an acceptable scientifical test was performed that your friend was under the influence based upon the blood alcohol level as... Read more »

1 Answer | Asked in Land Use & Zoning for California on
Q: can a conservation easement holds steal the land?

if the landowner dies and the easement holder goes bankrupt can a third party move in, steal the land?

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

You have provided nowhere near enough facts for anyone to answer your question with an informed opinion. That being said, I think it would be fair to say that no one can come in and "steal the land."

1 Answer | Asked in Divorce for California on
Q: I married my partner in 2009 in Massachusetts we moved to California the same year he then left. Is the law 50/50?

At the time he left he owed me 20k which he said he would pay me and never did if I file can I get that money back?

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

Out of state marriages are usually enforceable in California; primarily because California's laws are very liberal and confirms out of state marriages that were valid in the foreign state.

That being said, California is a community property state where the effect is earnings and...
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1 Answer | Asked in Copyright for California on
Q: Do I need to reply to a cease and desist email if I am no longer selling the product.

All products in question were removed from my webstore. And a credit was issued by my manufacturer. They claim that the product itself is not in violation just some of the designs

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

You may want to send a brief reply putting the email sender on notice that there is nothing there-there to pursue. If you do not reply they may get more aggressive based upon misinformation which may cause you problems and further involvement that you do not need. If you provide them the... Read more »

1 Answer | Asked in Business Law and Contracts for California on
Q: An att. offered a “free” cons. to determine if he will take my case. He did and now wants to be paid for the consult.

I did sign the CA fee agreement.

A provision stated that NO work starts until I sign + $2K dep.

No mention of any fees for work before the effective date.

3 mo. after the effective date, I received my first bill for $3K for the "work" bfr. the contract sig. and... Read more »

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

Based upon your representation of the facts the attorney has done a number of things that violate the Rules of Professional Conduct in California.

1. Free consultation. The problem with this is proof. Does the attorney have a website or advertising stating "free consultation?"...
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1 Answer | Asked in Education Law and Personal Injury for Michigan on
Q: Complaint and Claim Based on Injuries Caused by Negligence at a private Islamic religious school.

On January 22nd, 2019, Sara, my daughter, was pushed by another student and fell on her head on a concrete floor covered in carpet.

The coordinator of the Tawheed center, Wahajuddin, refused to call the police to report the incident, instead, he called me and asked me to pick up my daughter... Read more »

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

You raise a number of good issues; however, I believe it is less complicated. The school must have premises liability to cover any injuries to persons on the premises that are there legally. The facts that you allege regarding negligence help your argument and serve to defeat a defense that your... Read more »

2 Answers | Asked in Banking and Contracts for California on
Q: Looking for a Lawyer to accept and sign documents in behalf of a Canadian Bank.

I am inquiring if your office can accommodate our request.

Our company is currently finalizing some requirements with a Canadian Bank and they are asking if a Lawyer can witness and sign in their behalf since they are not here to personally accept the documents.

Is this something... Read more »

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

I agree it is likely a scam. I get about 6 emails per year from persons located in a foreign country that suddenly want may services without knowing anything about me. Several years ago I followed-up on a couple of these and in they were just phising for information to scam me.

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2 Answers | Asked in Contracts for California on
Q: Am i legally bound by signing a contract w a dental office to pay for services that i never recieved?

I paid cash in full for 2 crowns, however the dentist ordered 2 different color crowns on my front teeth. After 3 months of having to wait for these crowns i decided to get them done by a different dentist. It took 6 days. The first dentist has declined to reimburse me the $3000 i paid in advance.... Read more »

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

In the area of dental practice it is a breach of contract by the dentist for failing to perform within a reasonable time - 3 months is certainly unreasonable and you are entitled to a refund and would likely prevail in small claims court. This is especially true because you had another dentist... Read more »

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