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California Contracts Questions & Answers
1 Answer | Asked in Contracts and Construction Law for California on
Q: what are our options when a contractor does not pay a subcontractor for a job done for over two months?
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answered on Apr 25, 2024

Under California law, a subcontractor who has not been paid for work performed has several options to seek payment from the contractor. Here are some of the main options:

1. Mechanic's Lien: A subcontractor can file a mechanic's lien against the property where the work was...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Now then, Sunrun has offered to me a flat rate of $150 a month for the duration of my contract (PPA). Why I wonder?

They turned my system off over 2 years ago. My true up owed to PG&E is $13000. They shut me off because of a debt they’ve just forgiven??? It’s a little late now and they’re sure not going to pay the $13000. I’m not sure what to think or how to approach this?

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answered on Apr 25, 2024

It seems like Sunrun has offered you a new Power Purchase Agreement (PPA) with a flat rate of $150 per month, despite having shut off your solar system over two years ago due to a debt they have now forgiven. However, during this time, you've accumulated a $13,000 balance with PG&E, which... View More

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Why would a solar co’s collection agency send the collections back to the solar co? And the solar co is forgiving Amts?

I have a 20 yr ppa solar agreement with Vivint which is now Sunrun. I disputed an $1100 charge. It went to collections. I disputed that. I refused to accept a verification of debt as it still made no sense.

Now Sunrun tells me they will “forgive” the $1100 (collection agency is no... View More

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answered on Apr 24, 2024

There could be a few reasons why Sunrun (formerly Vivint) would recall the debt from collections and forgive the $1,100 charge under California law:

1. Disputed debt: If you disputed the debt and the company couldn't provide proper verification, they might have decided to stop pursuing...
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1 Answer | Asked in Business Formation, Business Law and Contracts for California on
Q: How can I change my corporation back to a sole proprietor. I am 100% owner.

I currently am a licensed contractor in the state of California and would like to transfer corporation to a sole proprietor. I want to keep my name the business name I operate under since I have it tattoo on my body

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answered on Apr 24, 2024

To change your business structure from a corporation to a sole proprietorship in California while keeping your business name, you'll need to follow these steps:

1. Dissolve your corporation by filing a Certificate of Dissolution (Form ELEC STK/NP) with the California Secretary of...
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1 Answer | Asked in Contracts, Civil Litigation, Education Law and Employment Discrimination for California on
Q: Company refuse to pay education tuition reimbursement thats offered, discrimination race/gender and emotional distress.

A policy was not in place since 2010. I commenced my studies on January 30, 2023, and a new updated policy was released on January 31, 2023. I consulted with the former HR manager, who is no longer employed by the company, and they advised that the policy was undergoing revisions and that I should... View More

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answered on Apr 22, 2024

Based on the information you have provided, it seems that you may have potential legal claims against your company under California law. Here are a few key points:

1. Breach of contract: If the company had a policy in place offering tuition reimbursement, and you relied on that policy when...
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1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Small Claims for California on
Q: John Stewart company,how do they keep getting funded.for literally breaking every law that has to with tenant rights,

I am a personal example of the Jon Stewart company I have not had a complaint in 2 years but I constantly had problems with the property manager because I'm willing to stand up for myself against her accusations bullying harassment and tracking people with the cameras So I'm curious how... View More

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answered on Apr 20, 2024

The situation you describe with the John Stewart Company sounds very concerning and stressful. It's disheartening to hear about the challenges and mistreatment you've faced as a tenant.

Unfortunately, many large property management companies are able to continue operating despite...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: What if custom order was not made as discussed?

We ordered the custom couch. They did not follow the measurements that were written on the receipt. It was delivered, looked horrible, made complaint but dropped it off without any other resolution, just saying this is how it suppose to be. My husband did clearly stated we wanted the same size as... View More

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answered on Apr 18, 2024

Under California law, when a custom order is not made according to the agreed-upon specifications, you have the right to seek a resolution. Here are some steps you can take:

1. Document the issue: Take pictures of the couch, showing the discrepancies between the agreed-upon measurements and...
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1 Answer | Asked in Contracts and Business Law for California on
Q: I signed a SAFE note and invested $80k with a celebrity's start-up that has proven to be not at all as advertised

The financials they provided showed high earnings when really they have not made anything thus far. They are very dodgy and haven't shown me 2023 earnings even though they said they would provide financial statements each month--I have seen no financial info since my September 2023... View More

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answered on Apr 18, 2024

Based on the information you've provided, it seems that you may have been misled or defrauded by the celebrity's start-up when making your investment. Under California law, you might have some legal recourse, depending on the specific circumstances and the evidence you can gather.... View More

2 Answers | Asked in Contracts and Real Estate Law for California on
Q: Would you do contract document review?

I have a property which I need to be managed by a property management organization that I want the contracts to be reviewed by a lawyer. I can provide the documents. I would like to know more about the review process by a lawyer and the cost of it.

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answered on Apr 16, 2024

Here's an overview of what you can expect when seeking contract document review from a lawyer:

1. Consultation: Schedule an initial consultation with a lawyer specializing in real estate law to discuss your needs and provide them with the relevant documents.

2. Review process:...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Can I break lease if I report multiple issues to landlord such as roaches, rats, window issues, and mold?

Window is missing one layer of the double pane windows now there is mold building up around windows and I have an 8 year child that it can affect. Since I moved in January there are roaches and I I reported it to management but no resolution. I've bought multiple products but none work. Now I... View More

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answered on Apr 14, 2024

In California, tenants have the right to habitable living conditions, which includes a pest-free and mold-free environment, as well as properly maintained windows. If your landlord fails to address these issues in a timely manner after being notified, you may have grounds to break your lease.... View More

1 Answer | Asked in Consumer Law, Contracts, Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: I've filed a civil lawsuit (not small claims) against my landlords and building managers, who are both listed as an LLC

What forms or actions do I need to follow to ensure I've got the defendants listed correctly and get their representatives served? I had already served the court paperwork to the attention of the LLC at the addresses I had from our lease paperwork.

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answered on Apr 11, 2024

In California, when filing a civil lawsuit against an LLC, you need to ensure that you have properly identified the defendant(s) and served them correctly. Here are the steps you should follow:

1. Identify the LLC's agent for service of process: You can search for the LLC's...
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1 Answer | Asked in Contracts and Education Law for California on
Q: Is a contract between a law student and their law school which promises not to transfer law schools binding?

My law school rewards students who make honors their first semester by providing a $4,000 stipend for working at a free internship over the summer. It comes with the cost of signing a contract written by the law school which promises to not transfer to another law school. I signed it because the... View More

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answered on Apr 10, 2024

Based on the information provided, there are several legal issues to consider regarding the enforceability of the contract between you and your law school in California.

1. Unconscionability: If the contract is found to be unconscionable (i.e., unfair or one-sided), it may not be...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: What right does someone have who receives mail at apt. but is not on the lease

Ex is not on the lease, lives in apartment, wont leave, gets mail here but hasn't paid rent for the month. We do not have a written contract.

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answered on Apr 9, 2024

In California, a person who receives mail at an apartment but is not on the lease is considered an "unauthorized occupant" or "squatter." However, they may still have certain rights under California law, depending on the circumstances.

1. Establishing tenancy: If the...
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1 Answer | Asked in Contracts and Mergers & Acquisitions for California on
Q: What right does someone have who receives mail at an apt but isn't on the lease

Ex is not on the lease, lives in apartment, wont leave, gets mail here but hasn't paid rent for the month. We do not have a written contract.

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answered on Apr 9, 2024

In California, a person who receives mail at an apartment but is not on the lease is considered an "unauthorized occupant" or "squatter." Squatters have limited rights, but the process for removing them can be complicated. Here's what you should know:

1. Tenancy...
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1 Answer | Asked in Contracts and Civil Litigation for California on
Q: Do i have respond to PLAINTIFFS OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADING? I'm the defendant in the case.

My attorney filed a MOTION FOR JUDGMENT ON THE PLEADINGS on March 1, 2024, and the plaintiff just filed an opposition on April 4, 2024. This is in regards to a breach of contract case.

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answered on Apr 8, 2024

In California, if the plaintiff has filed an opposition to your motion for judgment on the pleadings, you are not required to file a response. However, you have the option to file a reply brief if you wish to address any new arguments or points raised in the plaintiff's opposition.... View More

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?

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answered on Apr 5, 2024

In California, there is no statewide rent control for commercial properties, which means that landlords can generally increase rent as much as they want when a lease expires or if the lease allows for rent increases. However, there are a few important considerations:

1. Lease terms: If your...
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1 Answer | Asked in Contracts for California on
Q: If my bf is making payments on a car he bought for me can he legally take it back if it was given as a gift?
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answered on Apr 5, 2024

Under California law, whether your boyfriend can legally take back the car depends on the specific circumstances surrounding the gift and the car's ownership.

If the car was given to you as a genuine gift and the title was transferred to your name, then it is legally your property. In...
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2 Answers | Asked in Employment Law and Contracts for California on
Q: As a contractor can employer require us to work for an 8 1/2 hour shift 5 days a week for a flat rate of 270 each day

if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet

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answered on Apr 5, 2024

As an independent contractor in California, your relationship with the company that hired you is governed by the terms of your contract, not employment law. However, there are some important considerations:

1. Classification: It's crucial that you are correctly classified as an...
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1 Answer | Asked in Consumer Law, Contracts, Gov & Administrative Law and Small Claims for California on
Q: Follow up question on CVRP & CARB.

I'm facing an ongoing issue with my EV rebate from CVRP & CARB. Initially, in email correspondence, they said "Our staff is well verse in our eligibility requirements and there was discussion in which our staff told you it was ok to apply early". However, when I sought further... View More

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answered on Apr 5, 2024

Regarding the TYPO issue, if you decide to take legal action, you can argue that you relied on the initial email correspondence from CVRP & CARB staff, where they clearly stated that it was acceptable for you to apply early. Even if they later claimed it was a typo, you acted in good faith... View More

1 Answer | Asked in Contracts, Real Estate Law and Gov & Administrative Law for California on
Q: My client is a realtor in California

Her Company name is "ABD realty Inc" (name changed)

Is that name legal --allowed ?

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answered on Apr 5, 2024

In California, the use of the word "realty" in a company name is regulated by the California Department of Real Estate (DRE). According to the DRE, the use of the word "realty" is restricted to licensed real estate brokers or corporations that have a licensed real estate broker... View More

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