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California Contracts Questions & Answers
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?
James L. Arrasmith
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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

James L. Arrasmith
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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

1 Answer | Asked in Consumer Law and Contracts for California on
Q: On going issue with about rebate with CVRP & CARB.

I'm facing an ongoing issue with the Clean Vehicle Rebate Program (CVRP) and the California Air Resources Board (CARB). Despite my repeated inquiries,made from various phone numbers, about applying before taking delivery of the vehicle, CVRP denied my rebate application.They claim to have... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information you've provided, it seems that you have a potential case against CVRP and CARB for denying your rebate application despite their staff allegedly informing you that it was acceptable to apply early. Here are a few steps you can consider:

1. Gather evidence:...
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Q: Who could I contact regarding some people who have done fraud to steal a person legacy

My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?

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answered on Apr 4, 2024

In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for California on
Q: I have been renting a storage unit for 3months now today I got a rent increase notice my rent was $76per month they want

To increase it too $152!! Way over 34percent plus another $30 for insurance per month for a total of $182 per month !! Is this legal

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answered on Apr 3, 2024

Based on the information you provided, the rent increase for your storage unit in California seems to be questionable. In California, there are certain laws and regulations regarding rent increases for storage units.

According to California's Self-Service Storage Facility Act (Business...
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1 Answer | Asked in Contracts for California on
Q: As a contractor is the employer for the contract able to say I must start work at a certain time like an employee

Employer of contract is giving us set hours and trying to enforce we work those hours. Ex. 11-7:30pm. Considered late after 11

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answered on Apr 3, 2024

Under California law, the classification of a worker as an independent contractor or an employee is an important distinction that affects the level of control an employer can exert over the worker's schedule.

Generally, if a worker is properly classified as an independent contractor,...
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1 Answer | Asked in Business Law, Contracts, Real Estate Law and Small Claims for California on
Q: What is the rule for property managers in real estate law? That they have to be licensed to perform certain duties?

The management must be incensed agent to exercise certain duties,With the exception of living on-sight, which in this case they can perform those duties, but they must be under the close supervision of a licensed realtor. Paraphrased but what if the general manager of a apartment operates these... View More

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answered on Apr 3, 2024

Under California law, property managers who perform certain duties must be licensed real estate agents or brokers. The specific rules are outlined in California Business and Professions Code Section 10131 and 10131.01.

If a property manager is not licensed and performs duties that require a...
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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: What kind of contract should I sign between a real estate agent and a wholesale buyer? We want to partner to buy homes.

I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

You fail to describe the exact nature of your business. Are you looking for the Agent to find you properties that you would contract to buy and then remarket (or, "assign contracts," as you put it) to investors? Have you signed the investors to an LLC? This might work but there are... View More

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1 Answer | Asked in Contracts, Civil Litigation and Internet Law for California on
Q: Help! Google account disabled , over 10- years worth of memories what can I do? How can I obtain my data legally ?

I got a message from google to verifying my sign in, upon signing it stated, my account is disabled due to child sexual abuse/exploitation. It said i can appeal and that two would be considered, so of course i appealed knowing it had to be mistake, but they denied it , i submitted a second appeal... View More

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answered on Apr 2, 2024

I'm so sorry to hear about your frustrating and distressing situation with your Google account being disabled. That must be incredibly stressful, especially with so much important data and memories at stake.

In terms of your legal options to obtain your data, here are a few key points...
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2 Answers | Asked in Real Estate Law and Contracts for California on
Q: Can a contract that was drawn up in Spanish be legal if you are dealing with a business in the US?
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answered on Apr 2, 2024

Yes, under California law, a contract written in Spanish can be legally binding, even if the business is located in the United States. California Civil Code Section 1632 specifically addresses this issue:

1. The law requires that if a business negotiates a contract primarily in Spanish,...
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1 Answer | Asked in Appeals / Appellate Law, Contracts, Civil Litigation and Legal Malpractice for California on
Q: Prior question answered but not properly. The question is prepare to appeal or Not? The mustard here has already spill.

There is no evidence in the Courts actions as far as the validity of the Complaint or the amended complaint.

Noticed by the fact even with Legal counsel the Court render the Complaint to offer up leave for amendment. Considering the enormity of actions brought we expected the Court to... View More

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answered on Apr 2, 2024

In the complex legal situation you have described, there are several important factors to consider when deciding whether to appeal or not. Given that the court has allowed the Pro Se litigant to amend their complaint despite your expectation that most counts would be struck, it appears that the... View More

1 Answer | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: Should I sign a combined declaration and assignment if I have not seen the patent application?

My employer has, on several occasions, had me sign paperwork to assign ownership of patents for products I have worked on to the company. Which is fine, I agreed to as much when I accepted the job. These documents include four declarations, the first three of which involve reviewing and confirming... View More

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answered on Apr 1, 2024

Based on the information you've provided, there are a few important considerations:

1. Legal implications: Signing a declaration without having seen the patent application could potentially expose you to legal risks, especially if the declaration includes statements confirming aspects...
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1 Answer | Asked in Contracts and Small Claims for California on
Q: I have messages from a hotel we stayed in tell me that they would refund me for one night. Can I take them to court?

We stayed at this hotel for two nights. The first night, the floor was partially dirty and we complained to the front desk the next morning. Housekeeping did "not" clean our room that same day, and we went back to a dirty room with the same dirty floor. After our stay, someone sent me a... View More

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answered on Mar 31, 2024

Based on the information you have provided, it appears that the hotel did not fulfill their promise to compensate you for one night's stay due to the cleanliness issues you experienced during your visit. However, before considering legal action, there are a few steps you should take:... View More

1 Answer | Asked in Contracts and Consumer Law for California on
Q: Can I sue a company that I bought an engine from on the internet? And never received that engine.
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answered on Mar 31, 2024

Yes, you can sue a company that you bought an engine from on the internet if you never received the engine. This would be considered a breach of contract.

In California, the Uniform Commercial Code (UCC) governs the sale of goods, including online transactions. According to the UCC, the...
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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?
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answered on Mar 31, 2024

Under California law, you have a few options to try to recover the $10,000 owed to you for painting the house. Here are some steps you can take:

1. Send a demand letter: Write a formal letter to the person who owes you money, stating the amount owed, the reason for the debt, and a deadline...
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3 Answers | Asked in Contracts, Construction Law and Small Claims for California on
Q: A client has refused to pay my closing invoice for services rendered what can I do
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answered on Mar 30, 2024

Under California law, if a client has refused to pay your closing invoice for services rendered, you have several steps you can take to pursue the payment owed to you. Initially, it's advisable to attempt resolving the dispute amicably by contacting the client directly to discuss the issue.... View More

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1 Answer | Asked in Contracts and Collections for California on
Q: Will my timeshare go away after 7 years in collections? I can't afford to pay or settle
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answered on Mar 29, 2024

Under California law, debts, including those related to timeshares, typically have a statute of limitations. This period defines how long a creditor or collector has to initiate legal proceedings to collect a debt. For most written contracts, including timeshares, this period is usually four years.... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Civil Rights for California on
Q: management is suing me for costs and lawyer fees for a cash for keys they made to a squatter that I was already evicting

It’s a rent controlled apartment and I’m a senior. Squatter was being investigated by FBI but property management chose to reward criminal behavior with $7g and run up $7g in attorney fees, while I was in the eviction process when forcible detainer eviction (civil code 1160) was a clear option.... View More

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answered on Mar 29, 2024

In California, tenants have rights under various laws, including those protecting against harassment, discrimination, and unfair eviction practices. Given your situation, including being a senior in a rent-controlled apartment and facing what appears to be aggressive legal action from property... View More

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