California Contracts Questions & Answers
Q: What permits/licenses are required in unincorporated San Bernardino County CA to sell and sample prepackaged jerky?
1 Answer
| Asked
in
Business Formation, Business Law and Contracts
for
California
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Robert Lopez's answer
Hi, the permits/licenses you will need depend on where you are going to "cook" your product as well as where you are going to sell your food. Since you are planning on making your jerky in unincorporated San Bernardino, CA, you should start with the County of San Bernardino. Their website pages that deal with food preparation is: The best place to start out is http://wp.sbcounty.gov/dph/programs/ehs/applications/. If you are serving the food, you should also check out:...
Hi, the permits/licenses you will need depend on where you are going to "cook" your product as well as where you are going to sell your food. Since you are planning on making your jerky in unincorporated San Bernardino, CA, you should start with the County of San Bernardino. Their website pages that deal with food preparation is: The best place to start out is http://wp.sbcounty.gov/dph/programs/ehs/applications/. If you are serving the food, you should also check out:...
Q: What are my options I was part of a class action law suit there was a company hired to disburse the funds I received my
Timur Akpinar's answer
One option might be to present the check to a bank or financial institution, since you say it was declined by a merchant. Another option might be to contact the law firm that handled the class action lawsuit to inquire if other plaintiffs experienced problems with their checks.
Tim Akpinar
One option might be to present the check to a bank or financial institution, since you say it was declined by a merchant. Another option might be to contact the law firm that handled the class action lawsuit to inquire if other plaintiffs experienced problems with their checks.
Tim Akpinar
Q: I co-signed for bail to get my son out of jail. He was convicted and now serving his time. Do I need to pay the bond.
Thomas A. Grossman's answer
I do not know much about criminal law, but I would think that once your son went to jail, you should get the rest of the bond money because the purpose of a bail bond is to keep someone from disappearing out of state. Since your son is now in jail, I think you get the balance of the bail. Normally, bail is set at 10%. Hope that helps.
I do not know much about criminal law, but I would think that once your son went to jail, you should get the rest of the bond money because the purpose of a bail bond is to keep someone from disappearing out of state. Since your son is now in jail, I think you get the balance of the bail. Normally, bail is set at 10%. Hope that helps.
Q: My work 401k is registered to a parent corporation and not the direct corporation I work for is that legal?
1 Answer
| Asked
in
Business Law, Contracts and Employment Law
for
California
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Gerald Barry Dorfman's answer
You may be able to file a Qui Tam action. Depending on the ultimate amounts recovered, some of these can be quite valuable. Look for attorneys who are familiar with the requirements for these types of cases, and have one or more consultations to learn more.
You may be able to file a Qui Tam action. Depending on the ultimate amounts recovered, some of these can be quite valuable. Look for attorneys who are familiar with the requirements for these types of cases, and have one or more consultations to learn more.
Q: I am the defendant in a case where the original judge took a matter under submission.
1 Answer
| Asked
in
Contracts, Real Estate Law, Municipal Law and Small Claims
for
California
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Thomas A. Grossman's answer
I don't know the details of your case, but when a plaintiff wins a small claims judgment you have 30 days from the date the judgment is entered into the court record to appeal the judge's decision. If the 30 days have not run, you should immediately file an appeal of the decision with the Court.
I don't know the details of your case, but when a plaintiff wins a small claims judgment you have 30 days from the date the judgment is entered into the court record to appeal the judge's decision. If the 30 days have not run, you should immediately file an appeal of the decision with the Court.
Q: Is it legal for an SF employer to ask a former employee to sign retrospectively legally binding supplemental terms?
Griffin Klema's answer
Enforceability of the contract will be subject to state law (California). Whether a contract that applies retrospectively would be enforceable under California law is something that a California-licensed lawyer would have to advise on. Generally speaking, a contract must have what is called "consideration" to be enforceable. If the former employer isn't giving you something in exchange for the promises you are making in the contract, then it might not be enforceable, even if you do sign....
Enforceability of the contract will be subject to state law (California). Whether a contract that applies retrospectively would be enforceable under California law is something that a California-licensed lawyer would have to advise on. Generally speaking, a contract must have what is called "consideration" to be enforceable. If the former employer isn't giving you something in exchange for the promises you are making in the contract, then it might not be enforceable, even if you do sign....
Q: CAN THE OWNERS OF MY MOMS HOUSE REFUSE TO GIVE HER A COPY OF HER LEASE AND DEMAND HER SIGN A NEW ONE FIRST?
2 Answers
| Asked
in
Consumer Law, Contracts and Landlord - Tenant
for
California
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Scott Richard Kaufman's answer
Legally? I'd say "no." Make sure to have her communicate ONLY IN WRITING going forward.
Legally? I'd say "no." Make sure to have her communicate ONLY IN WRITING going forward.
Q: Are there Attorneys who take clients who have communication disabilities? It is a complicated tenant lanlord case.
1 Answer
| Asked
in
Landlord - Tenant, Libel & Slander, Real Estate Law and Contracts
for
California
on
Answered on Jan 30, 2019
Answered on Jan 30, 2019
Timur Akpinar's answer
You could contact the State Bar of California, which has an attorney referral service. You could check with them if they are able to identify attorneys under these attributes. If you are able to conduct independent searches on your own (you mention the difficulty of doing this) or with the assistance of someone else, you could attempt searching for attorneys who have configured their operations to accommodate communication and other online accessibility issues. This is an area which is seeing...
You could contact the State Bar of California, which has an attorney referral service. You could check with them if they are able to identify attorneys under these attributes. If you are able to conduct independent searches on your own (you mention the difficulty of doing this) or with the assistance of someone else, you could attempt searching for attorneys who have configured their operations to accommodate communication and other online accessibility issues. This is an area which is seeing...
Q: Do you have to have a license to operate a motor vehicle in California even if you're not using it to commit
2 Answers
| Asked
in
Contracts, Criminal Law and Traffic Tickets
for
California
on
Answered on Jan 28, 2019
Answered on Jan 28, 2019
Ali Shahrestani, Esq.'s answer
Yes. See: https://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/fast_facts/ffdl05. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal...
Yes. See: https://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/fast_facts/ffdl05. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal...
Q: Is there a way i can get out of my home security contract if i have paid the equipment and no longer need their service.
Ali Shahrestani, Esq.'s answer
It's key to have a lawyer review the terms of your contract to determine your rights and duties, as well as the surrounding circumstances to determine whether there may be a paths forward for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
It's key to have a lawyer review the terms of your contract to determine your rights and duties, as well as the surrounding circumstances to determine whether there may be a paths forward for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
Q: Signed lease on 1/10, days later learned they are fumigating building.. why didn't landlord tell me? what are my rights?
1 Answer
| Asked
in
Civil Litigation, Contracts and Landlord - Tenant
for
California
on
Answered on Jan 20, 2019
Answered on Jan 20, 2019
Gerald Barry Dorfman's answer
If,as you suspect, the landlord knew this fumigation was going to occur, it could very well qualify as a "material fact" which should have been disclosed to you at the time. If you would not have signed the lease had you been informed of this fact, then you should be able to get out of this transaction, and possibly be awarded damages.
If,as you suspect, the landlord knew this fumigation was going to occur, it could very well qualify as a "material fact" which should have been disclosed to you at the time. If you would not have signed the lease had you been informed of this fact, then you should be able to get out of this transaction, and possibly be awarded damages.
Q: Wired upfront for logo services from German designer who never performed. Isn't this intl wire fraud or something?
1 Answer
| Asked
in
Contracts, Criminal Law and International Law
for
California
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Dale S. Gribow's answer
need more info
police will probably say it is civil.........but if you can show an ongoing course of action to defraud others, then maybe they will assist.
you can always sue in small claims in callf for up to $10k
need more info
police will probably say it is civil.........but if you can show an ongoing course of action to defraud others, then maybe they will assist.
you can always sue in small claims in callf for up to $10k
Q: If two brothers want to sue their sister over damages while sister impersonated the executor of the estate. 7500 each?
1 Answer
| Asked
in
Civil Litigation, Contracts and Real Estate Law
for
California
on
Answered on Jan 8, 2019
Answered on Jan 8, 2019
Vernon Charles Tucker's answer
You can only file up to $10,000.00 in small claims now. So, to answer your question you would probably have to file separate actions in small claims, but you may want to consider Superior Court and you could then bring both your actions in one lawsuit in limited civil. Obviously, Superior Court is more expensive to file and there are more formal rules that have to be followed, but at least you would be bringing the claim all at once in one action. Good Luck to you!
You can only file up to $10,000.00 in small claims now. So, to answer your question you would probably have to file separate actions in small claims, but you may want to consider Superior Court and you could then bring both your actions in one lawsuit in limited civil. Obviously, Superior Court is more expensive to file and there are more formal rules that have to be followed, but at least you would be bringing the claim all at once in one action. Good Luck to you!
Q: Despite assurances, Contractor failed to complete work on time as agreed upon in contract. Is this a breach of contract?
Thomas A. Grossman's answer
It depends on how far past the deadline it took the contractor to complete the work. It is commo that contractors underestimate the time for completion of a project due to various delays (shortage of supplies, sick workers, weather etc.). It also depends on how important the deadline was. Unless you have an urgency here, like moving into a house, closing an escrow, etc.) you should be able to work it out with the contractor. You can also ask for an adjustment of the fees if you have been...
It depends on how far past the deadline it took the contractor to complete the work. It is commo that contractors underestimate the time for completion of a project due to various delays (shortage of supplies, sick workers, weather etc.). It also depends on how important the deadline was. Unless you have an urgency here, like moving into a house, closing an escrow, etc.) you should be able to work it out with the contractor. You can also ask for an adjustment of the fees if you have been...
Q: As a renter, if I am given a "50 day notice" of a rent increase that I do not agree with and plan on leaving, am I oblig
Thomas A. Grossman's answer
Generally, unless you have a signed contract of lease, a landlord can give you notice of a rent increase, and then you must either accept it or move out. If you have a lease, a landlord cannot do that.
Generally, unless you have a signed contract of lease, a landlord can give you notice of a rent increase, and then you must either accept it or move out. If you have a lease, a landlord cannot do that.
Q: I have an exciting dog bite case for my daughter who is 8. Wants California law in the steps and documents I sign
2 Answers
| Asked
in
Animal / Dog Law, Civil Litigation and Contracts
for
California
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
William John Light's answer
Your attorney knows the case. We know nothing about it. Why would you trust an internet stranger over your own attorney?
Whether $35k or $40k is reasonable depends on the bite(s), the medical bills, the recovery, permanent damages/scarring, etc. In order to settle any case, the plaintiffs have to sign a Settlement Agreement and Release of All Claims.
Your attorney knows the case. We know nothing about it. Why would you trust an internet stranger over your own attorney?
Whether $35k or $40k is reasonable depends on the bite(s), the medical bills, the recovery, permanent damages/scarring, etc. In order to settle any case, the plaintiffs have to sign a Settlement Agreement and Release of All Claims.
Q: I need to know what the law is on hourly vs commission. Do you by law got both, on or the other? Or is it up to them?
1 Answer
| Asked
in
Contracts, Employment Law and Workers' Compensation
for
California
on
Answered on Dec 13, 2018
Answered on Dec 13, 2018
Q: How can I rescind the sell of a property?
1 Answer
| Asked
in
Civil Litigation, Contracts, Elder Law and Probate
for
California
on
Answered on Dec 6, 2018
Answered on Dec 6, 2018
Bruce Adrian Last's answer
Dear Los Angeles:
If what you say is true, that your Brother had you Mother sign a Power of Attorney knowing that your Mother lacked capacity, then this is a serious matter indeed. Particularly if there is an "inside" deal involved. The issues is that your Mother, as the property owner, holds the cause of action which her conservator would bring on her behalf. (Or, if there is no conservator, the court can appoint a guardian ad litem.)
You should consult with an attorney right...
Dear Los Angeles:
If what you say is true, that your Brother had you Mother sign a Power of Attorney knowing that your Mother lacked capacity, then this is a serious matter indeed. Particularly if there is an "inside" deal involved. The issues is that your Mother, as the property owner, holds the cause of action which her conservator would bring on her behalf. (Or, if there is no conservator, the court can appoint a guardian ad litem.)
You should consult with an attorney right...
Q: I have produced a play with another person and there is a contract that I need someone to look at to see if fair
Jason Brooks' answer
I can help. Shoot me an email if you’d like to discuss: jason@altviewlawgroup.com
I can help. Shoot me an email if you’d like to discuss: jason@altviewlawgroup.com
Q: if a 17 year old buys a dog without their parents permission, and they wanted a refund would you be liable to do so?
William John Light's answer
Contracts with minors are voidable. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=11.&title=&part=3.&chapter=2.&article=
That would seem to mean that he can return the dog and you would have to return the purchase money.
If someone is falsely accusing you of sexual abuse to strong arm you into a refund, that might very well be a crime.
Contracts with minors are voidable. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=11.&title=&part=3.&chapter=2.&article=
That would seem to mean that he can return the dog and you would have to return the purchase money.
If someone is falsely accusing you of sexual abuse to strong arm you into a refund, that might very well be a crime.
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