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Questions Answered by Mr. Robin Mashal
1 Answer | Asked in Civil Litigation for California on
Q: Is it legal to not personally serve a defendant in a lawsuit?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 24, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Am I correct to understand you are referring to service of Summons and Complaint? The preferred method of serving summons and complaint it to personally serve each defendant. If that...
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1 Answer | Asked in Civil Litigation for California on
Q: I had a case with a company that the court ordered in my favor, but I have no idea how to locate the case number?

I mean i have no way to find the case and the court which ordered the case. The guy who was my consul is dead, and I have no clue how to locate my case ? would you please help me. for the first part, the court ordered another company to pay fine,and I was paid, but the second company was ordered by... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 24, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Did another attorney or law firm take over your late attorney's files? If so, that would be a good place to start inquiring. Otherwise, you may need to search the various...
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1 Answer | Asked in Civil Litigation for California on
Q: We got served court paper from an attorney office but our names are not on the case.How should we respond?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 24, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The answer to your question depends on what papers were served on you, and in what capacity you got served. Please provide a more detailed description to help us understand your question.

1 Answer | Asked in Real Estate Law for California on
Q: If my house was sold and the new owner defaulted on the promisary note, does my house go back on auction?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 24, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If the new owner does not cure default, the property will likely go through a trustee's sale.

1 Answer | Asked in Civil Litigation for California on
Q: How do I provide a responsivepleading to defendant's demurrer
Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 24, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You need to review the demurrer moving papers and understand their arguments. After conducting proper research, prepare your opposition papers. No later than 9 court days prior to...
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1 Answer | Asked in Real Estate Law for California on
Q: I have a driveway that is supported by a retaining wall located at my neighbor's backyard. They erected a wooden fence

and bolted the posts to the retaining wall. My neighbor is renovating their backyard and the contractor that they hired told them that my driveway might collapsed. I don't know who owns the retaining wall. Who is responsible for the cost?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 24, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If your property's boundaries are not clear, you may have to obtain a property survey, so you can determine in whose property the fence is located. Aside from the ownership of...
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1 Answer | Asked in Business Law for California on
Q: I got sued by the person who has filed lawsuit hundreds cases against the small businesses for the ADA parking space.

Can he really sue any businesses just to make money out of this. The landlord or tenant should be responsible? I am willing to fix/ paint the parking space but don't want to pay money that he sue for. I cannot afford that money since I don't really make profit. I hope he change his mind... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 23, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I see your question was posted in October 2012, but has not been answered yet. In response to the large number of ADA suits that were being filed, in May 2012 the California...
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1 Answer | Asked in Real Estate Law for California on
Q: Can I take action against a seller after purchasing for cracked foundation/framing?

I purchased 15 months ago and decided to do a kitchen remodel. We found out that the foundation and 50% of the framing was cracked. Do I have been mid construction for several months waiting for additional permitting. The 36k remodel is now costing over 200k. I am also having to fix work that my... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 23, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

In California, when a residential property owner sells her/his property and the seller is aware of certain issues, those issues must be disclosed in the Real Estate Transfer Disclosure...
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1 Answer | Asked in Real Estate Law for California on
Q: Can a real estate agent list and show a property without all the owners signing the listing agreement?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 23, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I there is joint ownership of the property, the broker should have consent of all co-tenants to market the property for sale, unless only some of the co-tenants want to have their...
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1 Answer | Asked in Real Estate Law for California on
Q: The buyer of land we sold has asked for an extension of two years as he is unable to come up with the balloon payment.

We are agreeable as he is making interest only payments. What do we need to do legally for this transaction?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 22, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You should review your existing agreement and/or promissory note to see if it contains necessary provisions allowing the changes you mention. It would be a good idea to reduce the...
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1 Answer | Asked in Real Estate Law for California on
Q: How is this handled?

My step father died without a will, the house is deeded in his and my moms name, she died several years ago without a will...he has 2 children from a previous marriage. Do I have and legal claim to the house and/or the contents of it?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 22, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. We need some additional informational to fully understand the context of your question. Was your mother's estate probated? Am I correct to...
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1 Answer | Asked in Contracts for California on
Q: any law for the company which delays sending the confirmation mail?

on the agreement between two companies there is a clause that material(vides, images, etc) should be used after someone approves. But the person delays the confirmation so the other company can't start their project. Any law(The first company should give the confirmation right away or the... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 22, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

This would be governed by the terms of your agreement. You should review your agreement with your own attorney.

1 Answer | Asked in Real Estate Law for California on
Q: I have been paying taxes for two in a RE partnership for over ten years without their knowledge. can I obtain title.

One died in 1997 and the other can not be located since 2001.

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 22, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Your question is not very clear, but it seems like you are asking whether you can get the property by adverse possession. It is rather difficult to qualify for adverse possession in...
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1 Answer | Asked in Real Estate Law for California on
Q: Can I negotiate a real estate purchase on the behalf of my employer without a real estate license?

e.g. If I'm working for a company in San Diego, CA and it is the company's goal to purchase a property. Is it legal for me to negotiate the transaction without a real estate license if my boss directs me to do so? I would think that would be the same thing as an individual purchasing a... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 21, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Generally, you are correct that you would need a California real estate broker's license to negotiate purchase, sale, lease, etc. of property on behalf of someone else. The...
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1 Answer | Asked in Real Estate Law for California on
Q: Do you need a broker's licence if you plan to run a website walking users through the real estate transaction process?

My business partners and I want to start a business that walks users through the entire real estate transaction process (both buyer and seller) in an effort to empower them to do the process without a real estate broker or salesperson. We'd like to give them information and the tools... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 21, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you are posting a general article online, that probably would subject you to the licensing requirements of the California Department of Real Estate or California State Bar,...
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1 Answer | Asked in Real Estate Law for California on
Q: I gave someone a written option to buy property. Two years later they submitted a counteroffer which I rejected.

Does the counteroffer void the original contract or am I still bound by this contract?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 19, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

An option to purchase property is a agreement in which a property owner ("optionor") allows the potential buyer ("optionee") a specified amount of time to opt for...
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1 Answer | Asked in Real Estate Law for California on
Q: What is the statue of limitations on a mortgage lien in Ca
Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 19, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

In California, loans secured by real estate are documented by a promissory note and a deed of trust. The statute of limitations to sue on the promissory note is within 4 years after...
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1 Answer | Asked in Bankruptcy for California on
Q: what does 11 U.S.C 1322 (b) (5) means

Mortgage company filed in court claiming that I have not complied with post bankruptcy payments.

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 18, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

That is the legal citation to subdivision (b)(5) of Section 1322 of the United State Bankruptcy Code. You can read the text of that Code Section at your local law library, or online...
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1 Answer | Asked in Contracts for California on
Q: I recived a contract for annual payments from first premier bank, i had the contract stollen they will not issue me the

The same contract i recived what do i do.

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 18, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am not sure if I understand your question. If you have already entered the contract with the bank and the contract is still in effect (e.g., not expired, not terminated), then it...
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1 Answer | Asked in Real Estate Law for California on
Q: Are all partners liable for punitive damages for the acts of the managing partner regardless of their lack of knowledge

In A real estate partnership involving a 26 unit building, the managing partner was paid by the partnership monthly to manage the building. 7 unit s sued and alleged acts calling for exemplary damages. If found by a jury that punitives apply, can the innocent partners be excluded from the punitive... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 18, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It is difficult to answer your question without knowing all the facts. If the jury returns verdict for punitive damages against all defendants, and the court enters judgment on that...
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