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California Contracts Questions & Answers
2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Breaking a month to month lease

As a landlord I want to break my tenants lease because they won’t agree to me raising the rent. Can I write my own document saying i’m ending the lease? Or do I need to get an actual lawyer to write up a termination. Thank you.

James L. Arrasmith
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answered on Jun 5, 2024

In California, a landlord can terminate a month-to-month tenancy by serving the tenant with a written 30-day notice if the tenant has resided in the property for less than one year, or a 60-day notice if the tenant has resided in the property for one year or more. You do not need a lawyer to write... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Breaking a month to month lease

As a landlord I want to break my tenants lease because they won’t agree to me raising the rent. Can I write my own document saying i’m ending the lease? Or do I need to get an actual lawyer to write up a termination. Thank you.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 8, 2024

Thank you for your question!

There is a huge difference between a commercial and a residential lease. (This information is missing in your question).

Residential lease:

A good cause for eviction is required in many cities or properties. Give a 30-day notice of the increase...
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1 Answer | Asked in Contracts, Small Claims and Criminal Law for California on
Q: I was late in transferring my title into my name . I assume it would be a late penalty fee. while my car got impounded…

My ex boyfriend took car out without my permission. And has withheld from me . Is this legal I have signed docs and messages along with receipts supporting my claims

James L. Arrasmith
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answered on Jun 5, 2024

In California, if your ex-boyfriend took your car without permission, this could be considered theft or unauthorized use of a vehicle. You have the right to report this to the police, especially since you have signed documents, messages, and receipts supporting your claims of ownership and lack of... View More

2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Can I void my lease if the apartment was not ready by the term date?

I signed my lease and paid deposit and first months rent before the final walk through of my apartment. When I went to move in and do the final walk through, there were dead roaches on the floor, the apartment was dirty and the whole complex full of weeds. I did not move into the unit because I... View More

James L. Arrasmith
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answered on Jun 4, 2024

Under California law, landlords are required to provide a habitable living space to their tenants. This includes ensuring that the unit is clean, safe, and in good repair at the start of the tenancy. If the apartment is not in a habitable condition when the lease term begins, you may have grounds... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Can I void my lease if the apartment was not ready by the term date?

I signed my lease and paid deposit and first months rent before the final walk through of my apartment. When I went to move in and do the final walk through, there were dead roaches on the floor, the apartment was dirty and the whole complex full of weeds. I did not move into the unit because I... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 8, 2024

Thank you for your question!

If there is infestation of roaches or unhabitable situation in the property, you can cancel the lease. The landlord has a duty to deliver the property to tenant in a proper and habitable situation.

Consult with an attorney to figure out if the situation...
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2 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: Can a supervisor be held liable for an employee accident due to fatigue if the company has a voluntary OT policy?

According to my departments MOU, I have to offer OT based on a list that ranks each employee on OT declined and worked. As a result, the first person on the list can work a lot of OT (in the hundreds) for an 80 hour pay period. If I continue to offer OT to the first person, and he/she continues to... View More

James L. Arrasmith
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answered on Jun 1, 2024

Under California law, a supervisor can be held liable if an employee's accident due to fatigue is foreseeable and the supervisor failed to take reasonable steps to prevent it. Even if the company has a voluntary overtime (OT) policy, the supervisor must ensure that employees do not work... View More

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2 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: Can a supervisor be held liable for an employee accident due to fatigue if the company has a voluntary OT policy?

According to my departments MOU, I have to offer OT based on a list that ranks each employee on OT declined and worked. As a result, the first person on the list can work a lot of OT (in the hundreds) for an 80 hour pay period. If I continue to offer OT to the first person, and he/she continues to... View More

Neil Pedersen
Neil Pedersen
answered on Jun 1, 2024

No. A supervisor is not liable for the injuries incurred by an employee who is under his or her supervision. Any workplace injury would be a workers compensation claim, and workers compensation claims are not against individuals, only the company. Please beware, the other answer you have... View More

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2 Answers | Asked in Contracts and Civil Litigation for California on
Q: I'm currently being sued and just discovered that the plaintiffs will be filing Chapter 13. How does it affect the case?

I'm currently being sued for breach of contract and so far we are still going through the motions of the lawsuit the majority of their actions have been dismissed at this point with the exception of one cause of action but i just discovered that the one of plaintiffs will be filing for Chapter... View More

James L. Arrasmith
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answered on Jun 1, 2024

When a plaintiff files for Chapter 13 bankruptcy, it can affect your case in several ways. Chapter 13 involves restructuring debt, and the plaintiff's financial affairs will be overseen by a bankruptcy court. This may lead to a stay on the lawsuit, meaning the case could be paused until the... View More

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2 Answers | Asked in Contracts and Civil Litigation for California on
Q: I'm currently being sued and just discovered that the plaintiffs will be filing Chapter 13. How does it affect the case?

I'm currently being sued for breach of contract and so far we are still going through the motions of the lawsuit the majority of their actions have been dismissed at this point with the exception of one cause of action but i just discovered that the one of plaintiffs will be filing for Chapter... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

The plaintiff's bankruptcy filing will impact your client's post-judgment collection in case there is any counter or cross-claim. Also, it may delay litigating the breach of contract claim.

This is merely a discussion of general laws and not...
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1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Contracts for California on
Q: Trial De Novo - Small Claims Appeal: Does the D have to follow CA Rules of Court Rule 8.204 to submit his brief?

In a Trial De Novo - Small Claims Appeal, if the Defendant is not represented by an attorney:

1) is he required to follow California Rules of Court Rule 8.204 “Contents and format of briefs” for submitting his defense documents, exhibits, brief etc. to the judge?

2) What is the... View More

James L. Arrasmith
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answered on Jun 1, 2024

In a Trial De Novo for a Small Claims Appeal in California, if you are not represented by an attorney, you are not required to follow California Rules of Court Rule 8.204 regarding the contents and format of briefs. The rules for small claims court are more relaxed and designed to accommodate... View More

3 Answers | Asked in Contracts, Employment Law, Personal Injury and Tax Law for California on
Q: Deadlines to respond to RFAs

I served 76 RFAs and interrogatories to the defendant on April 29th. I also served a declaration to the court in support of the over-the-limit RFAs. On May 20th, the Defendant threatened to Oppose the RFAs if I didn't reduce them to 35. So I did. The deadline to respond was May 29th, but they... View More

James L. Arrasmith
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answered on May 31, 2024

Under California law, the deadline to respond to Requests for Admissions (RFAs) is 30 days from the date of service, unless otherwise agreed upon or ordered by the court. Since you initially served the RFAs on April 29th, the responses were due by May 29th. The defendant’s claim that the deadline... View More

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3 Answers | Asked in Consumer Law, Contracts and Construction Law for California on
Q: Construction contact question

I paid a construction company to build an ADU via lenders and I can't get an answer from them on any updates. I want to get my money back.

James L. Arrasmith
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answered on May 31, 2024

Under California law, if you paid a construction company to build an ADU (Accessory Dwelling Unit) and they are unresponsive about updates, there are steps you can take to seek a resolution. First, review your contract to understand the terms and conditions, including any clauses about project... View More

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3 Answers | Asked in Consumer Law, Contracts and Construction Law for California on
Q: Construction contact question

I paid a construction company to build an ADU via lenders and I can't get an answer from them on any updates. I want to get my money back.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

You need to document all your requests for an update and lack of any progress on your project.

If the company fails to respond in a reasonable amount of time, you send them a demand letter with the help of a lawyer.

If the negotiation fails, you...
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2 Answers | Asked in Appeals / Appellate Law, Contracts, Construction Law and Small Claims for California on
Q: How does the Defendant need to present his defense and supporting documents in a Trial De Novo - Small Claims Appeal?

No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More

James L. Arrasmith
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answered on May 31, 2024

In a Trial De Novo for a small claims appeal in the Superior Court of California, you need to present your defense and supporting documents clearly and concisely. Start by organizing all relevant documents, including receipts for the $2,000 payment, proof of purchase for supplies, and any... View More

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2 Answers | Asked in Appeals / Appellate Law, Contracts, Construction Law and Small Claims for California on
Q: How does the Defendant need to present his defense and supporting documents in a Trial De Novo - Small Claims Appeal?

No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

A home building contractor is governed by the Contractor’s State License Law (Bus & P C §§7000 et seq). This law defines a “contractor” very broadly to include anyone who does any work on a building project of any kind. Home improvement projects worth more than $500 must be in writing... View More

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3 Answers | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Need help seeking reimbursement of delinquent debt on a CC accumulated after I legally left business

left business i co-founded via executed contract

partner fails to remove me from business bank account ownership (no debt when I left)

business accrues unpaid debt several years after I left

bank notifies me of delinquency, I contact partner and the bank and fill out all... View More

John Michael Frick
John Michael Frick
answered on May 31, 2024

Under the facts as you describe them, you very likely have a decent case against your former partner for reimbursement of the money debited from your personal account to pay the business debts that your former partner assumed when you both executed the agreement regarding your departure from the... View More

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3 Answers | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Need help seeking reimbursement of delinquent debt on a CC accumulated after I legally left business

left business i co-founded via executed contract

partner fails to remove me from business bank account ownership (no debt when I left)

business accrues unpaid debt several years after I left

bank notifies me of delinquency, I contact partner and the bank and fill out all... View More

James L. Arrasmith
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answered on May 31, 2024

To seek reimbursement for the delinquent debt accumulated on a credit card after you legally left the business, begin by gathering all relevant documents. This includes the executed contract showing your departure, communications with your former partner and the bank, and any paperwork submitted... View More

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3 Answers | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Need help seeking reimbursement of delinquent debt on a CC accumulated after I legally left business

left business i co-founded via executed contract

partner fails to remove me from business bank account ownership (no debt when I left)

business accrues unpaid debt several years after I left

bank notifies me of delinquency, I contact partner and the bank and fill out all... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

A partner should not be held liable for debt of the business after leaving the business. You need to document all evidence of your departure and not receipt of the profit from the business.

After documentation, you can start negotiation/mediation with...
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2 Answers | Asked in Contracts, Real Estate Law and Civil Litigation for California on
Q: Our California Homeowner's Association continually violates the provisions of the Davis Stirling Act along with

California Corporations Code Provisions. Who can I turn to for Davis Stirling enforcement and violations of the California Corporations Code? HOA's seem to be self-governed and unregulated.

James L. Arrasmith
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answered on May 29, 2024

For enforcing the provisions of the Davis-Stirling Act and the California Corporations Code against your Homeowner's Association (HOA), you have several options. Start by documenting all violations with dates, descriptions, and any supporting evidence. Present this documentation in writing to... View More

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2 Answers | Asked in Contracts, Real Estate Law and Civil Litigation for California on
Q: Our California Homeowner's Association continually violates the provisions of the Davis Stirling Act along with

California Corporations Code Provisions. Who can I turn to for Davis Stirling enforcement and violations of the California Corporations Code? HOA's seem to be self-governed and unregulated.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

If you are a member of the association, you need to give the demand letter about the violations or illegal activities of the corporation to the board first. You hopefully get involved with negotiation with the board.

If the demand fails, you can bring a...
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