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California Contracts Questions & Answers
0 Answers | Asked in Contracts and Civil Litigation for California on
Q: Hello: I had brain damage and was exploited financially in California. What claim would this be?

Hello:

I had brain damage and was exploited financially. I am looking for a civil attorney but I am not sure what type to look for.

My question is what claim would this crime fall under. I'm sure it's not fraud and I don't think it is elder abuse as I was not an elder... View More

2 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: When you do a dba to your incorporated business does it automatically become incorporated also?

We are General Contractor going into business starting a new company we will own 50% and adding it to contractors license as a dba

Shawn R. Jackson
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answered on Nov 19, 2024

The short answer to your "automatically become incorporated" is "no". The longer answer is a combination of ownership, your management agreement, your written agreement with homeowners for your "Home Improvement Contracts" ... and the CSLB issues ... you will want to... View More

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1 Answer | Asked in Contracts for California on
Q: Car dealership is threating to cancel our signed contract if I don't give them an additional 2000.00 dollars.

The dealership said they gave me to much for my trade in and they wanted an additional 2000.00. I financed the vehicle through my bank and the dealership is refusing to accept the funding transfer. The dealership said to give them 2000.00 dollars or return the car. The dealership said they were... View More

James L. Arrasmith
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answered on Nov 19, 2024

Your situation is concerning, but you have strong legal protections here - once you signed the contract and the dealership accepted it, they cannot unilaterally change the terms or demand more money after the fact.

Their threats about reporting the car stolen are baseless since you have...
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1 Answer | Asked in Contracts, Products Liability and Civil Rights for California on
Q: I’m a 3yrs removed post terminated employee of planet fitness Arroyo Grande. On October15th 2024, I purchased membership

I was charged to my card twice the $24.95 I might add, went to the facility 4 times after midnite one time wearing a PF Staff shirt I bought at a yard sale! I received a call this past Friday afternoon from a Gal unknown number never gave me her last name telling me that she’s the regional... View More

James L. Arrasmith
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answered on Nov 18, 2024

Based on your situation, there are several legal considerations to examine regarding your Planet Fitness membership termination.

The company has the right to refuse service and terminate memberships at their discretion, as this is typically outlined in their membership agreement. However,...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Bridge Property Management Inc. refused to repairt my Thermostat for 5 months, Breach the Lease and my Oral Lease

Bridge Property Management Inc. (BPM) -managing TL-residence SF, refused to repairt my Thermostat for 5 months, and refused to reduce the rent upon the law, Can I withhold partial rent per month?

overcharged me $500 but refused to refund, charged $54 but paid out to TranUnion only $16.20,... View More

James L. Arrasmith
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answered on Nov 18, 2024

Based on California landlord-tenant law, you have several valid legal claims against Bridge Property Management Inc. The issues you've described - refusing repairs, improper charges, lease violations, and coercive tactics - are serious violations of your tenant rights.

Regarding the...
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1 Answer | Asked in Business Law and Contracts for California on
Q: I am owed around $5k from a business in Montana, but I live in California. How do I take them to court?

I paid $5000 to a business in MT for a trip, I had to cancel the trip over 6 months out. I was told I would get all my money back if I canceled before 90 days of the trip. It has been 6 months of checks lost in the mail and then waiting for them to PayPal me the money back. They are now ignoring my... View More

James L. Arrasmith
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answered on Nov 14, 2024

To take the Montana business to small claims court, you’ll first need to determine the appropriate jurisdiction. Since the business is located in Montana, you may need to file the claim in Montana’s small claims court. However, sometimes you can file in California if the business has sufficient... View More

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for California on
Q: lawyer didnt send me the retainer what can i do , I am not sure if he is or not. but he doesnt want to give me back my m

reached out to a lawyer through a friend, who claimed to specialize in company listings. He initially provided me with a draft contract that included a fee of $160,000, which I did not sign. I informed him that I would not pay such an amount, as the process would take too long and I could find... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 10, 2024

Hard to follow your fact pattern. You are saying he wanted to charge 160K but agreed to settle for 12K? AND then did not so agree? I think it's time you hire someone else to straighten it out. Perhaps you have someone in house on retainer if it is this large a business??? If not, perhaps you... View More

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1 Answer | Asked in Contracts for California on
Q: Hello, my English is not very good and I apologize for my spelling mistakes. We just moved to this wonderful country.

Hello,my English is not very good and I apologize for my spelling mistakes.We just moved to this wonderful country. We went to the dealership to buy a car for my wife using finance. I did not accept the interest rate they offered us. when we go to my car for leaving there parking lot,the salesman... View More

James L. Arrasmith
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answered on Nov 14, 2024

Welcome to the United States! Your situation with the car dealership needs immediate attention, especially since they didn't provide you with a copy of the contract - this is against California law.

Under California's cooling-off rule and vehicle sales regulations, you have...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: My rental agreement says utilities included but one hot summer the bill was very high so I helped to pay it down .

And have been paying half utilities ever since. I am no longer able to help and it is not in my rental agreement. Am I obligated to continue paying half utilities just because I was willing and able to help before.?

James L. Arrasmith
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answered on Nov 14, 2024

Your rental agreement is the binding legal document that governs your tenancy, and if it states that utilities are included, you are not legally obligated to pay for them - regardless of any voluntary payments you made in the past.

When you helped with the utilities during that high-bill...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: My rental agreement says utilities included but one hot summer the bill was very high so I helped to pay it down .

And have been paying half utilities ever since. I am no longer able to help and it is not in my rental agreement. Am I obligated to continue paying half utilities just because I was willing and able to help before.?

James L. Arrasmith
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answered on Nov 15, 2024

If your rental agreement explicitly states that utilities are included, you are not legally obligated to pay for any portion of the utilities, regardless of previous voluntary payments you made.

Your past willingness to help with utility costs does not create a new legal obligation or...
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3 Answers | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: I rent rooms in my landlords home. The home is very old and needs repair and maintenance. Landlord wants more money

The house is old lacks insulation weather stripping it is poorly insulated very hard to keep comfortable . There is a leak in roof also leak in the wall behind kitchen sink causing water damage underneath the sink and in the cabinetry along the wall. There is mold in the bathroom these a just few... View More

Leon Bayer
Leon Bayer
answered on Nov 9, 2024

It sounds unpleasant. You should move.

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1 Answer | Asked in Contracts for California on
Q: What can I do if new car contract shows wrong finance Apr ?

Im asking because it’s shows as 0 but that’s wrong

James L. Arrasmith
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answered on Nov 15, 2024

If your car contract shows an incorrect APR of 0%, you should act quickly to address this discrepancy. Document everything by taking photos or making copies of all paperwork, including advertisements, promotional materials, and the contract itself.

Contact the dealership immediately in...
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1 Answer | Asked in Contracts, Employment Law and Communications Law for California on
Q: Clarification on H1B Sponsorship Agreement

I am reaching out to request your assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:

I applied for a government position in California, and before the interview... View More

James L. Arrasmith
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answered on Nov 15, 2024

Based on the details provided, you may have a valid claim for "promissory estoppel" or breach of contract, particularly since you relied on their explicit promise of H1B sponsorship when accepting the position. Their written communication about visa sponsorship, combined with your... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Real Estate Law and Land Use & Zoning for California on
Q: I rent 3 rooms in my landlords home for me and my mom.

Mom passed away and I can't afford to pay for the roomi don't use my Landlord has finally agreed to rent the extra room out and posted an ad . I have been showing the room to all interested. She still wants me to pay for the room untill it is rented even though she has agreed to... View More

James L. Arrasmith
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answered on Nov 15, 2024

I'm very sorry to hear about the loss of your mother - dealing with housing concerns while grieving must be incredibly difficult.

From a legal standpoint, you remain responsible for the full rent payment under your original rental agreement until your landlord formally modifies the...
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1 Answer | Asked in Contracts, Employment Law, Communications Law and Employment Discrimination for California on
Q: Clarification on H1B Sponsorship Agreement

I am requesting an assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:

I applied for a position in a California government. Before the application, they explicitly... View More

James L. Arrasmith
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answered on Nov 15, 2024

Your situation highlights a serious concern regarding employment promises and contractual obligations in California. The initial email promising H1B sponsorship, combined with your reliance on that promise in accepting the position, could potentially form the basis of a promissory estoppel claim,... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: I rent 2 rooms in my landlords home for my elderly mom and myself . My mom recently passed away. Our rental agreement...

We paid one lump sum to landlord we would split the cost evenly even though her room was smaller. Now that she is gone my landlord wants to charge me 200 more than I paid before and also pay part of utilities. Can she increase my rent that much ?

James L. Arrasmith
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answered on Nov 15, 2024

I'm very sorry to hear about the loss of your mother - dealing with rental issues while grieving must be incredibly difficult.

Your rights in this situation depend on your specific rental agreement and whether it's written or verbal. In California, if you're under periodic...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: In a basic month to month rental agreement in California. Landlord has indemnification clause which is very unfair.

Is it legal for landlord to ask a new tenant to sign a rental agreement that is mostly protects the landlord and hold them free and harmless from any liability that might possibly happen while we occupy the premises.

Jonathan Kintzele
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answered on Nov 3, 2024

This answer depends on the specific language of the contract or lease itself, but I have provided an answer that I hope can help.

Whether the least act issue is enforceable comes down to the specific language, especially of the particular provision referenced.

First, the landlord...
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1 Answer | Asked in Contracts for California on
Q: Is a good Neighbor fence contract totally legal if one of the owners has their manager to sign for them?
James L. Arrasmith
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answered on Nov 15, 2024

In California, having a property manager sign a Good Neighbor Fence agreement can be legally valid, but specific conditions must be met. The manager needs proper written authorization from the property owner to act as their agent and sign legally binding documents on their behalf.

For your...
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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: I put a 5k down for a used vehicle. The dealer did an in house repossession on the 13th day, refuses to refund 5k

The dealer did not even ask to finance the two vehicles I came to their lot in question about. He instead stated a hyundai was the only car the finance company would finance me in. It was more than the 10k max and 250 a month I wanted but he came with the papers and said is was basically to late... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I think you have been defrauded. I suggest two things. File suit immediately in small claims court. The case is too small to justify hiring a lawyer, even though for you it was a large sum of money. The other step to take immediately is to file a complaint with the state department of justice -... View More

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Can my attorney charge me to go over his invoices if I have questions in regards to the fees?
William John Light
William John Light
answered on Oct 29, 2024

No. That's part of his job. Refuse to sign the settlement breakdown until you have the information necessary to agree that it is true.

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