Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Robert Kane
2 Answers | Asked in Business Law, Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Is this possible Increasing commercial rent 35% in CA?

Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?

Robert Kane
Robert Kane
answered on Apr 6, 2024

Commercial leases are less regulated than residential for a few reasons. The parties are considered to be more evenly situated and shelter is a basic human need. Commercial leases are usually for a longer term (e.g. 5 years) so a substantial increase is not unheard of. Obviously, without knowing... View More

View More Answers

3 Answers | Asked in Divorce for California on
Q: Divorce: need assessment for a divorce process. We married in san Bernardino County in California back in 2018

We separated in late 2022 he said he hire a lawyer and I did sign papers but it's been almost 2 years and nothing now he said nothing went through so he hire a new lawyer in Texas. But now I want to claim spouse alimony since I didn't ask for anything the first time we supposedly started... View More

Robert Kane
Robert Kane
answered on Apr 5, 2024

You can request spousal support. I don't know whether it would be granted or not, but I am sure he and his attorney will say "no."

Unfortunately, since you are not quite sure where things are, there is no possible way for an attorney to figure where things without a whole...
View More

View More Answers

3 Answers | Asked in Civil Litigation and Contracts for Minnesota on
Q: I loaned my dad and step mom around $170,000

I loaned my dad and step mom around $170k so they could get a home when I was 17. They ended up getting divorced and selling the house. This was 15 years ago but I was wondering if there is any legal action I can take

Robert Kane
Robert Kane
answered on Apr 3, 2024

The most glaring fact in your post is you were only 17 when you made the loan. There are few scenarios in which you could have made a loan, but there are an infinite number of possibilities of other occurrences. You need to contact attorneys with a clear and concise description of what exactly... View More

View More Answers

2 Answers | Asked in Business Law and Contracts for California on
Q: i am owed 10,000 for painting a house. its been 8 monthes, how do I get him to pay me?
Robert Kane
Robert Kane
answered on Mar 31, 2024

Congratulations on your new business! Welcome. All business owners need to establish an approach for collecting past due accounts and such. Ultimately, you will need to prove that you are entitled to the amount due to a judge.

It's important to document all aspects of the...
View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief. The Petitioners

Filed a motion to Amend the findings saying since the 3 rd party custody case was originally against me if the judge dismissed it instead of denied it she has to give my child back to me and not the Dad who is not the Petitioners. Not a divorce case just my daughters Godparents wanting her case has... View More

Robert Kane
Robert Kane
answered on Mar 28, 2024

In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief? Yes, depending on the circumstances. I apologize, but how you should respond can't be determined on a few phrases. An appeal may be appropriate if the referee made a mistake of law, such as... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: Can I file for divorce without my husband? I dont have an address to serve him.Thank you for reply in advance.
Robert Kane
Robert Kane
answered on Mar 27, 2024

Yes, you can file for divorce without your husband. You need to be properly prepared to proceed. You will need to prove you did everything you possibly could to find him. If the judge isn't convinced you did enough, you will need to start all over. Please have someone help you, preferably an... View More

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: Could a lawyer be lying to me to get my business?

He told me that to get early termination of probation (in northern California), you don't need to show hardship. I asked him to explain that, and he said they would put together the most compelling case they could.

Robert Kane
Robert Kane
answered on Mar 26, 2024

Ultimately, the judge needs a reason to terminate probation early.

Synonyms & Similar Words

Relevance

difficulty

obstacle

adversity

hardness

trial

rigor

hurdle

discomfort

inconvenience

asperity...
View More

View More Answers

3 Answers | Asked in Business Law and Small Claims for California on
Q: Hello I have an inquiry in regards to my business and an unpaid client that says she’s not paying me

I handed her a final invoice that was very detailed and itemized but she said she was all paid after adding additional wants to the list what can I do to get my $3500 she owes

Robert Kane
Robert Kane
answered on Mar 24, 2024

Congratulations on your new business! Welcome. All business owners need to establish an approach for collecting past due accounts and such. Ultimately, you will need to prove that you are entitled to the amount due to a judge.

It's important to document all aspects of the...
View More

View More Answers

1 Answer | Asked in Probate for Minnesota on
Q: What are my rights in a probate case

I'm a person with a disability all of my other relatives have lawyers for the probate case I do not and I did request reasonable accommodations I requested an exception I requested a lawyer but I cannot get one because everyone is using the elderly estate low-income lawyer service what are my rights

Robert Kane
Robert Kane
answered on Mar 22, 2024

I am not quite sure what you mean. The disabled don't have right to have an attorney appointed to represent them as an indigent criminal defendant does. Are asking about access to the courtroom or the ability to participate remotely?... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Minnesota on
Q: Can I appeal a MN small claims judgement against me if I have since learned new information for a judgement in my favor?

Tenant sued me for not returning her deposit in the required 21 days. I admitted that I returned it late, however at the time of trial I didn't realize that the 21 window starts when the tenant vacated/term ended, AND tenant provides forwarding address. I looked back and she didn't... View More

Robert Kane
Robert Kane
answered on Mar 4, 2024

A Conciliation Court order or judgment can be appealed at the District (Trial) Court.

The facts are reviewed “de novo,” which means the case gets a fresh start before the District Court judge. There may be a civil trial and either party can request a jury.

To learn more about...
View More

2 Answers | Asked in Criminal Law for California on
Q: Are there such lawyers that can work with payments? Long story short my fiance has been going to court for over a year

Now and each time he goes to court they’re trying to pile another thing on him. For one case they pulled us over for no reason at all. I have the police recording of them making something up while the report on paper states a whole other thing. Another time just recently they pulled us over &... View More

Robert Kane
Robert Kane
answered on Feb 22, 2024

There are lawyers that can work with payments, but it may be difficult to find one. Unfortunately for your boyfriend, criminal defendants have a horrible reputation for not honoring the payment agreement. Once the matter is concluded, the defendant usually stops making payments. Then the attorney... View More

View More Answers

3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What can I do to drop a d.v case. I purposely lied to cops that my boyfriend at that time hit me. When in reality he d

Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.

Robert Kane
Robert Kane
answered on Feb 20, 2024

In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: I am the victim of a damaged to property case.. The defendant was convicted in order to pay restitution and is dead

I'm wondering what happens when the person of a crime that is convicted dies in Minnesota if the victim is still paid restitution?

Robert Kane
Robert Kane
answered on Feb 20, 2024

The victim will undoubtedly need to take steps if restitution is to be satisfied. Two big questions would be 1) how much is owed; 2) did the deceased have any money? I would call victim services and the prosecutor office to start.

View More Answers

3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
Robert Kane
Robert Kane
answered on Feb 15, 2024

Interesting question. I don't know for sure, but I doubt it would matter much. The officer already saw the tinted window and can take the wad into evidence. Most criminals stop the criminal activity when officers approach. They don't get charged with obstruction. If I am shooting off... View More

View More Answers

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can police come into a daycare to issue a ticket? Especially when they did not pull the person over outside the daycare?

My daughter has a suspended license and her fiance had a medical procedure that prevented him from being able to drive and they needed to pick up their son from daycare. My daughter opted to drive to the daycare, which was close to her home to pick up her son. She could not walk him home as he is... View More

Robert Kane
Robert Kane
answered on Jan 16, 2024

Yes, police can come into a daycare to issue a ticket. The officer probably decided it would be best if others could watch the child while addressing your daughter rather than when she and the child were outside in their car. Subzero temperature would also encourage this procedure.

View More Answers

2 Answers | Asked in Contracts for Minnesota on
Q: 2 months after my wife and I signed a contract for self storage, she had my name removed. Can I legally go in there?

I called the owner of the sheds and he said 2 months afterwards that she called and wanted another contract written up but take me off of it. Now she's saying if I go in there she'll have me arrested. Is it legal for her to take me off a contract?

Robert Kane
Robert Kane
answered on Jan 15, 2024

Apparently, she did enter into a new contract. Without knowing the terms of the contract you signed, I don't know if the new contract is valid. It may or it may not. I don't know anything about the dynamics of your relationship or your objectives. Are you getting divorced?

An...
View More

View More Answers

1 Answer | Asked in Personal Injury for Minnesota on
Q: Why is so hard to sue the airports l was in a airport on October 2nd and fell in the bathroom at terminal H4

I was flying back to Florida from Minneapolis Minnesota Oct second got through check in and everything then l decided to go to the bathroom in the airports bathroom when l entered the floor was wet l fell to the left and hand was still engaged in the handicap chair and it snapped the top of my left... View More

Robert Kane
Robert Kane
answered on Dec 28, 2023

Like any business, a personal injury law firm must make a profit. The firm will evaluate your situation based on its criteria and determine whether you have profitable case. Personal injury law firms don't take risks.

Write down a clear and concise description of the events to present...
View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: How do I fight a “revenge restraining order” (OFP) that was filed against me—& granted?

My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next... View More

Robert Kane
Robert Kane
answered on Dec 23, 2023

You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you... View More

2 Answers | Asked in Small Claims for Minnesota on
Q: I borrowed someone money and was wondering what my options are to get that back

At first I told them they didn't need to pay me back but they said they will otherwise they won't take the money. So we agreed on him paying me back but now he is refusing to. I have messages after the fact saying the total amount owed and that he is planning on paying me back

Robert Kane
Robert Kane
answered on Dec 21, 2023

You can attempt to collect by demanding payment. Demand letters from attorneys carry more weight. You can file a claim in conciliation court. If the amount is more than $5,000, an attorney may be worth consulting with before filing. Various collection techniques may be available after a judgment is... View More

View More Answers

3 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Are cops allowed to ignore my demand to press charges ?
Robert Kane
Robert Kane
answered on Dec 11, 2023

Yes, the cops are "allowed to ignore [your] demand to press charges." The police (and more specifically the prosecutor) determine whether criminal charges should be filed. Quite simply, if victims (or those who perceive themselves as victims) filed charges the criminal justice system... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.