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California Contracts Questions & Answers
2 Answers | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Construction Law for California on
Q: How to print and present text messages on cell phones as evidence in court?

There are numerous text messages back and forth between the Plaintiff and the Defendant.

1) How to print and present all the text messages from cell phones as evidence in court for Trial De Novo - Small Claims Appeal? To take a photo of each text message and print that photo seems very... View More

James L. Arrasmith
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answered on May 28, 2024

Here are some tips for preparing and presenting text messages as evidence in court:

1. Authenticate the messages. You'll need to prove the messages are authentic, not altered or fabricated. Options include having the other party admit the messages are authentic, having a witness who...
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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

James L. Arrasmith
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answered on May 24, 2024

Under California law, even if a contract states "as is," you may have recourse if the seller made fraudulent misrepresentations about the condition of the boat. Since you have text messages and emails confirming that the seller stated the boat runs and is in good condition, you can argue... View More

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2 Answers | Asked in Contracts for California on
Q: Can a lease be terminated after an inspection from Section 8. The owner lied and said we didn't have to move

He lied over and over saying we didn't have to move. We just needed to vacate the premises for the repairs to be made. Then terminated my lease

Been here since 2007.

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answered on May 23, 2024

Under California law, a landlord cannot terminate a lease simply because a tenant is receiving Section 8 housing assistance. This would be considered discrimination based on the source of income, which is prohibited by the California Fair Employment and Housing Act (FEHA).

However, a...
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2 Answers | Asked in Contracts, Employment Law and International Law for California on
Q: I work in a foreign Consulate based in Los Angeles.

My job title when I first started working at the consulate was a public relation officer. Couple of months later I was moved to work in the consular department as an administrator. The change of position was based in a verbal agreement between the president and me. They told me that I’m... View More

Neil Pedersen
Neil Pedersen
answered on May 23, 2024

Working in a foreign country's consulate means you are under the jurisdiction of the country who operates the consulate and that country's laws will apply, not the US or state law where the consulate is located. You will have to seek out and consult with an attorney familiar with that... View More

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1 Answer | Asked in Contracts, Business Law, Civil Litigation and Civil Rights for California on
Q: Request to Postpone a Trial on form SC-150

If a Defendant who has filed an Appeal against the Small Claim Court judgment, what is the maximum number of days that he can request to postpone a Trial De Novo (on Form Sc-150) because he will be out of State? Does the D have to send the Form SC-112A Proof of Service by Mail to the plaintiff with... View More

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answered on May 23, 2024

Under California law, if you are a defendant who has filed an appeal against a small claims court judgment, you can request to postpone a Trial de Novo by using Form SC-150. The maximum number of days you can request to postpone the trial is 30 days. This request must be submitted to the court and... View More

2 Answers | Asked in Contracts, Employment Law, Family Law and Tax Law for California on
Q: how do calculate a filing deadline

I have a hearing on June 6th, 2024. I am filing an opposition to a motion, which I have to do nine court days before the hearing date. According to the LA Superior Court calculator, June 5th is nine days from today (May 22). So, is today or tomorrow my deadline to file?

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answered on May 22, 2024

In California, the Code of Civil Procedure (CCP) Section 12c defines how to calculate filing deadlines. The general rule is that if the last day to perform an act falls on a holiday, then the deadline is extended to the next business day.

To calculate the filing deadline for your opposition...
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1 Answer | Asked in Contracts, Civil Litigation, Insurance Bad Faith and Securities Law for California on
Q: What would a cause of action be if an ins co rescinded changes an owners POA made w/out serving Notice of Rescission 1st

The ins company had to know or at very least became aware of the fact service of Notice of Rescission prior to exercising rescission is a California statutory requirement,"no Notice, no rescission." Americo was repeatedly asked to provide the citation, code or case law relied on to... View More

James L. Arrasmith
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answered on May 22, 2024

Based on the information provided, it seems that the insurance company (Americo) rescinded changes made by the policy owner through a Power of Attorney (POA) without properly serving a Notice of Rescission as required under California law. This action by the insurance company could potentially give... View More

1 Answer | Asked in Contracts and Business Law for California on
Q: What happens to a liquor license in CA when a partnership is dissolved?

The partnership agreement is very basic and has no verbiage about the liquor license.

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answered on May 22, 2024

When a partnership dissolves in California and holds a liquor license, the fate of the license depends on several factors. Here's what typically happens:

1. Notification to the ABC: The California Department of Alcoholic Beverage Control (ABC) must be notified of the dissolution within...
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2 Answers | Asked in Landlord - Tenant, Consumer Law and Contracts for California on
Q: In CA, can they evict no fault,self storage units, no cause. After rent raise more than 100% inside year?

This month not quite 30 day notice, but said okay, this month same rate, then more than double initial rate. Then, they're evicting me by next due date. (Not 30 days) instead, and second unit eviction. I think cause I questioned, rate and notice.

to be out by next due date. Rent... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 21, 2024

Thank you for your question!

If your tenancy is less than a year, a 30-day notice is required. If in the lease there is a statement of the requirements of the notice, the landlord needs to comply with that.

You need to check the lease agreement to see if there is any provision in...
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4 Answers | Asked in Business Law and Contracts for California on
Q: Can I win in court if I don’t have a written contract with the buyer

My small company is engaged in online advertising

My company provided online advertising services to the buyer from November 2023 to February 2024

For November 2023 the client paid for the services

For December - February partially

I don't have a written... View More

Shawn R. Jackson
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answered on May 21, 2024

Well, it sounds like you have some "writings" and "communications" that would support some, most or all of your "services provided" as per your invoices. Verbal Agreements are in "most cases" just as enforceable as written agreements ... it is more a matter... View More

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1 Answer | Asked in Civil Litigation, Contracts and Gov & Administrative Law for California on
Q: What does it mean when our own government officials in highest agencies a failing they systems Justice Department’..brib

This family has been attacking me for years on end I’ve also had a show shut off due to violations of all my rights and more so now our system and highest agencies had gotten involved and all seems to led gross management and tho I’ve gone through many investigations to prove my side as the... View More

James L. Arrasmith
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answered on May 21, 2024

I apologize, but your message is quite fragmented and difficult to understand fully. It seems like you are alleging serious misconduct and potential corruption by government officials in California, and that you feel you have been personally targeted and attacked for a long time. You also mention... View More

1 Answer | Asked in Contracts for California on
Q: Date governance violation by hospital

Hospice fraud was based on non-authorized disclosure of patient's records by unidentified hospital provider, to hospice. Is hospital liable to patient for hospice fraud that was enabled by governance of Patient's data, that hospital owns? Based on what fraud statute?

James L. Arrasmith
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answered on May 18, 2024

Under California law, a hospital could potentially be liable to a patient for hospice fraud enabled by the unauthorized disclosure of the patient's medical records. This liability would likely arise under the California Confidentiality of Medical Information Act (CMIA) and possibly under... View More

1 Answer | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: "May I use this letter, or should I not? This is merely an example since I am limited to using only 1000 characters.

Dear [Auto Loan Company], I am writing to address several concerns regarding my auto loan. Firstly, I need an explanation for the fees associated with early or additional payments. Despite a $7,000 down payment, my principal has not decreased as expected. When I signed the contract, I was assured... View More

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answered on May 18, 2024

Based on California law, you can use this letter to address your concerns with your auto loan company. The letter raises several legitimate issues that you have the right to inquire about and request clarification on:

1. Fees associated with early or additional payments - California law...
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1 Answer | Asked in Contracts and Civil Litigation for California on
Q: What presedent & how do i write motion to dismiss COA? the plaintiff failed to amend COA within 30 days allowed by court

The court gave them 30 days to amend their COA and they haven't filed the amended COA. I don't have an attorney representing me due to financial limitations. But What presedent & how do i write a motion to dismiss the COA? Since the plaintiff failed to amend COA within 30 days allowed... View More

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answered on May 17, 2024

In California, if a plaintiff fails to amend their complaint within the time allowed by the court, the defendant can file a motion to dismiss the complaint with prejudice under California Code of Civil Procedure section 581(f)(2). Here's a step-by-step guide on how to write a motion to dismiss... View More

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Tax Law for California on
Q: Can a nonprofit organization demand a protective order for discovery

I've sued a nonprofit organization for breach of contract and corrupt practices. I've served all their requested discovery, but they are refusing to serve theirs without a comprehensive protective order that allows them to designate any document as confidential. If I agree to it, they... View More

Robert Kane
Robert Kane
answered on May 16, 2024

Yes, a nonprofit organization can and will be granted protective orders in discovery when appropriate. You assumption that because nonprofit organizations must disclose certain information for transparency reasons that any and all other information is fair game is incorrect.

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2 Answers | Asked in Contracts for California on
Q: In the interrogatory, the defendant provided false answers. How should one proceed?

In the interrogatory, the plaintiff asked whether the defendant signed the lease, and the defendant responded 'no.' However, the plaintiff possesses the lease signed by the defendant using DocuSign. How should one proceed? Can I request the court to impose sanctions?

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answered on May 13, 2024

Under California law, if a defendant provides false answers in an interrogatory, you have several options to address this. Since you possess the lease signed by the defendant via DocuSign, you can present this evidence to the court to demonstrate the falsehood of the defendant's response. This... View More

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2 Answers | Asked in Contracts, Real Estate Law and Civil Rights for California on
Q: How do I sue to force an action?

I'm a member in good standing in a non CID HOA. The HOA is ignoring my request for information and documentation I'm entitled to. How can I sue to force action?

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answered on May 10, 2024

In California, if you are a member of a homeowners' association (HOA) and the HOA is not providing the information and documentation you are legally entitled to, you can file a lawsuit to compel the HOA to fulfill its obligations. Here are the steps to consider:

1. Send a formal...
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3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: My landlord entered my apartment without notice. He has the key. I was home and got very scared. What can I do about it?

My landlord said he rang the door bell and knocked the doors I didn’t hear at all. So he said he thought nobody was home and them entered as he has the key. I thought it insulting.

He said it was an emergency as the fire alarm battery was dead and needed replacement.

I argued that... View More

Leon Bayer
Leon Bayer
answered on May 10, 2024

Fire protection is a justifiable reason for him to enter. I'll assume he had the necessary battery and installed it during the incident.

You are being unreasonable.

I agree that it could have been handled better, but that does not mean it was handled in a way that is...
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2 Answers | Asked in Elder Law, Contracts and Probate for California on
Q: how to defend yourself from wrongdul allegations of undue influence fin. elder abuse,quiet title and cancel deed,

and rescission of will? I have proof with declarations to support my where abouts and reciepts to show where anymoney went. and the deceased left a will i didnt know about untill after his death. I transfered property by affdavit.

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answered on May 8, 2024

To defend yourself against wrongful allegations of undue influence, financial elder abuse, quiet title, deed cancellation, and rescission of a will under California law, consider the following steps:

1. Gather evidence: Collect all relevant documents, such as the deceased's will,...
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3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Civil Rights for California on
Q: Is there a way to require/request the opposing party in civil litigation to prove their identity? California

I have reason to believe that the person suing me uses fake names in contracts and lawsuits so as not to be held responsible if he loses a lawsuit or is sued.

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answered on May 8, 2024

In California, there are a few ways to challenge or require proof of the opposing party's identity in civil litigation:

1. Demurrer: If the plaintiff's identity is not clear from the complaint, the defendant can file a demurrer arguing that the complaint is uncertain or ambiguous....
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