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California Contracts Questions & Answers
1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for California on
Q: How do I sue a law firm that was supposed to represent me in lawsuit that caused me to lose 7-figure settlement?

I have a legal matter regarding the huge class action lawsuit brought against the University of Southern Californa almost 6 years ago.

It involved Dr. George Tyndall, the school gynecologist.

I was one of the plaintiffs in that case.

I was supposed to receive a 7-figure... View More

James L. Arrasmith
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answered on Nov 29, 2023

To pursue legal action against a law firm in California, especially in a case involving alleged professional negligence or misconduct, it is advisable to consult with another attorney who has experience in legal malpractice cases. These types of cases can be complex, requiring a detailed review of... View More

1 Answer | Asked in Contracts for California on
Q: Can I cancel a loan that has already been approved?

I cosigned an Oportun personal loan of about 4k for my girlfriend on a Saturday. I was told over the phone that we were approved and it was disbursed. They said it would take 1-3 business days to be disbursed, so by the next Wednesday night it should be in the bank. We did not received the money... View More

James L. Arrasmith
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answered on Nov 29, 2023

If you're looking to cancel a loan that has already been approved but not yet disbursed, you need to act quickly. Loan agreements often have specific clauses regarding cancellation, and the ability to cancel may vary depending on the lender's policies and the terms of your agreement.... View More

1 Answer | Asked in Contracts and Entertainment / Sports for California on
Q: Hello, I have an issue with disneyland. I currently have a pass and my pass penalty state ended on November 27th.

I tired to make a reservation but the system isn't letting me. I called disneyland and now they tell me there system is down and won't be able to book it until 2 week? I asked them if I will get compensation but they said no. What do I do?

James L. Arrasmith
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answered on Nov 29, 2023

Good morning,

Great question. If you are experiencing issues with your Disneyland pass, particularly with making a reservation due to their system being down, your first step is to document the problem. Keep records of your attempts to make a reservation, including dates and times, as well...
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1 Answer | Asked in Family Law, Landlord - Tenant and Contracts for California on
Q: Hello, my wife will not give me a key to our storage unit. The unit is in her name, I pay and always have paid this bill

I have not seen or spoke with her in a month. She has instructed the manager not to allow me access. Not the first time. Last time I unloaded a I Hual I found my property inside the vehicle. I don't want to be in trouble I would like to get my things?

James L. Arrasmith
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answered on Nov 27, 2023

In California, the legal rights to access a storage unit generally depend on whose name is on the rental agreement. If the storage unit is in your wife's name and she has instructed the manager not to allow you access, the storage facility is likely to follow those instructions.

Even...
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1 Answer | Asked in Contracts, Business Law and Civil Litigation for California on
Q: Filing a complaint containing multiple incidents, but different co-defendant(s) in each incident?

Hi - we are filing a complaint against an entity defendant. There were two separate incidents where the defendant committed the same tort, but there were two different outside entities that were involved as well. The additional entity that participated with the defendant in the first incident is... View More

James L. Arrasmith
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answered on Nov 27, 2023

Under California law, you can address your situation by filing a single complaint that includes both incidents, each as a separate cause of action. This approach allows you to streamline the process by addressing all related matters in one legal proceeding. In your complaint, it's crucial to... View More

1 Answer | Asked in Contracts and Consumer Law for California on
Q: Used dealership sold me a vehicle with a Lein sale on it
James L. Arrasmith
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answered on Nov 23, 2023

In California, if a used dealership sold you a vehicle with a lien on it, this can be a significant legal issue. Under California law, the seller is generally required to provide a title free of liens at the time of sale. If they fail to do this, they may be in violation of specific statutes... View More

3 Answers | Asked in Contracts and Personal Injury for California on
Q: Is contingency fee unconstitutional? And does it promote discrimination?

I keep reading these claims that "without contingency fees, most people would not be able to access the legal system. This would tip the scales of justice in favor of those with money." But what if I did have the money to afford a lawyer, I guess that would make it easier, youd think. But... View More

James L. Arrasmith
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answered on Nov 20, 2023

Under California law, contingency fees are not unconstitutional. They are a widely accepted practice in the legal profession, especially in personal injury cases. These fees allow individuals who may not have the financial means to pay an attorney upfront to still seek legal representation.... View More

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1 Answer | Asked in Arbitration / Mediation Law, Consumer Law, Contracts and Business Law for California on
Q: Consumer protection. Removal of what was promised via a crowdfunding campaign

Cosnumer protection! I need help recovering digital property that was promised. contract 828,768 usd 15,860

is it really that hard to understand? people crowdfunding on the promise of something being delivered. NOW IT'S GONE. no way to access what one paid for. even straight up tearing... View More

James L. Arrasmith
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answered on Nov 20, 2023

In cases involving crowdfunding platforms like IndieGoGo, the terms of the campaign and the platform's policies are crucial. If a developer promised certain digital content in their crowdfunding campaign and then failed to deliver it or removed it, this could potentially be a breach of... View More

1 Answer | Asked in Consumer Law and Contracts for California on
Q: In sept i bought a 2015 VW Bettle from a big Nissan dealership. Have had problems since day one. It’s a as is purchase.

They agreed at first to fix it. Long story short they didn’t and on way home from picking it up the plate under car fell off. They won’t fix. Looking at paperwork I noticed I didn’t not sign the actual contract. It’s not my signature. Or email address. I sign all other paperwork but not the... View More

James L. Arrasmith
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answered on Nov 19, 2023

In California, if the signature on the contract for the purchase of the vehicle is not yours, this raises significant legal concerns. A contract is generally only binding if it is signed by the parties involved. If you did not sign the contract, and it does not bear your genuine signature, this... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Small Claims and Contracts for California on
Q: CFI Academy, refuses to give refund for ~$12,000 for services not provided, which include "student housing" and flight

Housing was shut down after 17 days, after paying for 5 weeks. ~$650

CFI-I program, in a contract, was entitled to a refund which has not been provided ~$4499

MEI program, in a contract, was entitled to a refund which has not been provided ~ $6499

James L. Arrasmith
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answered on Nov 18, 2023

Under California law, if CFI Academy failed to provide services for which payment was made, including student housing and flight training programs, you are entitled to pursue a refund. The closure of housing after 17 days, despite payment for 5 weeks, and the non-provision of the CFI-I and MEI... View More

2 Answers | Asked in Contracts and Construction Law for California on
Q: If you enter in to a lump sum contractor with a HUD or RD rider that limits the GC profit to 14%, but are making more.

The lump sum was based on unit price, can you ask for back up such as sub contract for the GC?

James L. Arrasmith
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answered on Nov 18, 2023

Under California law, if you have entered into a lump sum contract with a HUD or RD rider limiting the general contractor's (GC) profit to 14%, but suspect they are making more, you have certain rights to review documentation. The lump sum based on unit price should have clear, itemized... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Is it illegal to raise someone's rent price after they accept a quote, pay application fees, and a holding deposit?

Oftentimes these people find out a week before moving in or less and are forced to sign under duress. It particularly affects people moving from out of state and military members who have prescheduled moves.

James L. Arrasmith
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answered on Nov 17, 2023

In California, once a rental agreement, whether oral or written, is established, the terms, including the rent amount, cannot be changed unless both parties agree to the modification. If a tenant has accepted a rental quote, paid application fees, and a holding deposit, this can be seen as entering... View More

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1 Answer | Asked in Contracts, Criminal Law and Landlord - Tenant for California on
Q: Apartment complex forged my lease while I was being threatened by a neighbor. What are my options?

I was living in an apartment complex. The new neighbor below me began harassing me which I reported to the complex. They did nothing to help. The harassments turned into them making threats against my life. Landlord did not help. They forged my lease and told me I was unable to leave without early... View More

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answered on Nov 16, 2023

In LA County, California, if your apartment complex forged your lease and is attempting to enforce it, you have several legal options. First, consider filing a police report for the alleged forgery, as forging a lease is a criminal offense. You should also gather evidence of the forgery,... View More

3 Answers | Asked in Construction Law and Contracts for California on
Q: I have been sent a lawsuit threat for using design builds from a contractor business.

The lawsuit was sent as a text message and stated

“To whom this may concern,

This message is to inform you of the filing of an LLC for (JC construction) Your willful involvement in the forming of (J and C construction) is a legally binding contract and acceptance of all terms... View More

James L. Arrasmith
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answered on Nov 14, 2023

In California, the enforceability of such a claim in the text message you received is questionable. Generally, merely learning a skill or technique from someone does not create an enforceable right for them to prevent you from using that skill, especially if it's a common method in the... View More

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3 Answers | Asked in Construction Law and Contracts for California on
Q: I have been sent a lawsuit threat for using design builds from a contractor business.

The lawsuit was sent as a text message and stated

“To whom this may concern,

This message is to inform you of the filing of an LLC for (JC construction) Your willful involvement in the forming of (J and C construction) is a legally binding contract and acceptance of all terms... View More

Nashir Ahmed Kushol
Nashir Ahmed Kushol
answered on Nov 15, 2023

Firstly, regarding the lawsuit threat:

1. Evaluate the Formality and Legitimacy: Typically, legal actions are not initiated via text message. Official communication for legal matters is usually conducted through formal channels like certified mail or legal counsel. The informal nature of a...
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1 Answer | Asked in Real Estate Law and Contracts for California on
Q: I was going to JV wholesale a real estate deal but he became abusive and sexist to me, I don't want to work w/ him

anymore, and now he's threatening me, saying that he's assuming that i'm going to cut him out of deal? We never signed any agreement, can he do anything to me legally? I have the house under contract, just my name is on contract!

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answered on Nov 12, 2023

Under California law, if there is no written agreement between you and the other party regarding the joint venture in real estate, it is unlikely that he has a legal basis to claim a part of the deal. Verbal agreements can be binding, but they are often difficult to enforce, especially in complex... View More

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for California on
Q: How long do parties have to file responses to a magistrate's R&R in federal court?

In civil cases in the U.S. District Court for Northern California, after a Magistrate Judge issues his Report & Recommendations, and a party files objections to the R&R, how long does the other party have to file a response to those objections?

Also, if the Magistrate Judge advises... View More

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answered on Nov 11, 2023

In the U.S. District Court for the Northern District of California, when a party objects to a Magistrate Judge's Report and Recommendation (R&R), the opposing party generally has 14 days to file their response to these objections. This time frame aligns with the Federal Rules of Civil... View More

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: According to this statement can the lease be canceled prior to the end of the lease term if a 60-day notice is given?

If the Lessee(s) intends to vacate the Premises at the end of the fixed lease term, Lessee(s) must give at least

60 days written notice before the end of this lease, or before the date of intent to vacate. If 60 days notice of

intent to vacate is not given before lease term or date... View More

James L. Arrasmith
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answered on Nov 10, 2023

Under California law, the clause you've described doesn't explicitly allow for cancellation of the lease prior to the end of its term simply by giving a 60-day notice. This clause specifies the requirement for the lessee to give a 60-day notice if they intend to vacate at the end of the... View More

2 Answers | Asked in Contracts, Personal Injury and Products Liability for California on
Q: Does a new discovery subpoena have to be issued after an amended complaint is filed?

In a federal civil lawsuit, if Plaintiff files a complaint, then subpoenas a third party for documents and - before the third party can respond to the subpoena - Plaintiff then files an amended complaint, must he issue a new subpoena or is the previous subpoena still valid?

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answered on Nov 8, 2023

In federal civil litigation, the issuance of a subpoena for discovery is governed by the Federal Rules of Civil Procedure. When an amended complaint is filed, it does not automatically invalidate a previously issued subpoena. The subpoena remains valid as long as the discovery sought is still... View More

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1 Answer | Asked in Contracts, Business Law and Civil Litigation for California on
Q: In serving a Breach of Contract case, PLD-C-001, where there’s a business entity shown, an individual named defendant

…. and does 1-10, with 1-5 does as known, are those does to be served? ……by substitute service?

Thank you.

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answered on Nov 4, 2023

In a breach of contract case in California, "Does" refer to unnamed defendants that you may later identify and add to the lawsuit. Initially, you are not required to serve the "Does" when you are serving the named defendants in the case. Once you identify the "Does"... View More

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