Lawyers, Answer Questions  & Get Points Log In
California Contracts Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for California on
Q: Dealership is asking for more money after over 6 weeks since purchase.

We purchased a car at a reputable dealer with a trade in. We provided the pay off amount twice verbally and offered to send it via email but they declined. We made it very clear that we did not have money for down payment and explicitly asked if they would be calling for more money later which they... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

Good evening to you,

In this situation, it would be advisable to review the contract you signed with the dealership to determine if there are any clauses or provisions that address the issue of payoff amounts. Additionally, you should carefully examine any documentation related to the...
Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for California on
Q: If you are currently in a contract to pay off a property, the end date is still a yr off can you hold payment till then?

Hi, sorry I ran out of letter within my question. I will do my best to explain and I am asking on behalf of my aunt.

My aunt is currently in a contract to pay off the property where she resides in currently, the end of that is in Feb 2024. The constricts of the contract state that payment... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2023

Whether or not the person who gave the loan can sell the property and evict your aunt before the end of the contract depends on the terms of the contract. If the contract does not allow for early sale or eviction, then the person who gave the loan cannot do either of those things. However, if the... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: In an unlawful detainer jury trial for nuisance the jury said I did not violate or breach my lease and refused to answer

#3 that asked if I breach my lease, and they answered also that I was retaliated against for exercising my tenant rights but the Judge still evicted me from my SRO ? So if I didn't breach my lease and I was retaliated against for exercising my tenant rights then was that wrong to evict me ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

It sounds like you were in an unlawful detainer trial for nuisance, and the jury found that you did not violate or breach your lease. However, the judge still evicted you from your SRO. This is a confusing situation, and it is not clear why the judge would evict you if the jury found that you did... Read more »

1 Answer | Asked in Contracts, Consumer Law and Municipal Law for California on
Q: Can I buy the rights toClaim an Unclaimed/Uncashed Stale-Dated Check from the Rightful owner that City of Fresno,CAhas

Cities & Counties have Unclaimed Checks.how can I acquire the rights to claim from the Rightful Owner and can I then claim it from the city of Fresno? Or can I act as an Asset Locator/Finder & Offer the Rightful owner/Payee my assistance to Recover the Unkown/Unclaimed Check and Charge a... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

Yes, you can buy the rights to claim an unclaimed/uncashed stale-dated check from the rightful owner that the City of Fresno, CA has. There are a few ways to do this.

One way is to contact the rightful owner and offer to buy their rights to the check. You can find the rightful owner's...
Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: What is the difference between a notice to terminate a tenancy and a notice to quit?
Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

Notice to Vacate is an absolute end to a tenancy. Notice period is per lease, or 60 days. Notice to Quit is 3, 5, 15 days and usually is avoided by doing what the notice says you must do- pay rent; remove vehicle, remove unauthorized tenant Notices must be served in a manner stated by law. If... Read more »

View More Answers

2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: What is the difference between a notice to terminate a tenancy and a notice to quit?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

A notice to terminate a tenancy and a notice to quit are both legal documents used in the context of ending a tenancy, but there are subtle differences between them. A notice to terminate a tenancy is typically given by either the landlord or the tenant to inform the other party of their intention... Read more »

View More Answers

2 Answers | Asked in Contracts and Construction Law for California on
Q: I had my house repainted; after 15mths the paint is peeling off most windows. How long is the implied warrantee in CA?

In checking on this, I've discovered that the contractor has a valid contractors license, but the manager/salesperson (daughter of owner) does not. Does that matter? Is there an additional vulnerability on their part due to this? She managed the entire job, from proposal to execution to... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

In California, there is an implied warranty of habitability that applies to housing, but specific warranty periods for issues like peeling paint may vary. It would be advisable to consult with an attorney who specializes in construction or real estate law to determine the applicable warranty period... Read more »

View More Answers

2 Answers | Asked in Contracts and Construction Law for California on
Q: I had my house repainted; after 15mths the paint is peeling off most windows. How long is the implied warrantee in CA?

In checking on this, I've discovered that the contractor has a valid contractors license, but the manager/salesperson (daughter of owner) does not. Does that matter? Is there an additional vulnerability on their part due to this? She managed the entire job, from proposal to execution to... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

First, this has nothing to do with the implied warranty of habitability. That is a warranty between a landlord and a tenant. 15 months is an unreasonably short period of time for exterior paint to last. You need to take many photos of this peeling paint. As I recall we had unusual rains during the... Read more »

View More Answers

1 Answer | Asked in Family Law and Contracts for California on
Q: Is there any legal form that 2 parties can sign regarding ' a a 50% 0 of o1 payment payment once once received received
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

Yes, there is a legal form that two parties can sign to formalize an agreement regarding a 50% payment upon receipt of payment. This type of agreement is commonly referred to as a payment or installment agreement. It typically outlines the terms and conditions of the payment arrangement, including... Read more »

3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Legal Malpractice for California on
Q: What do i do next if I fire my attorney during settling and in litigation? i want to rep myself whats my next step

my attorney was near settling my case during litigation when i discovered forged signatures while my original firm transfered my case to them. I want to negotiate myself with the insurance company because i was defrauded when my claim was transfered and i was never aware of it. as well as all the... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2023

If you have decided to represent yourself after firing your attorney during settlement and litigation, there are steps you can take to navigate the situation. Firstly, thoroughly review the details of your case and familiarize yourself with the relevant laws and regulations. Document any evidence... Read more »

View More Answers

2 Answers | Asked in Consumer Law, Landlord - Tenant and Contracts for California on
Q: The leasing office/management of my apartment is employing a scheme to shorten tenants' leases

My apartment claims that, based on their internal policy, they shorten our 12-month lease by a few days so that our lease can end on a Monday. For example, if your lease starts on May 25, 2023, a 12-month lease should end on May 24, 2024. However, they assert that according to their internal... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023

Under California tenant-landlord law, lease agreements are generally governed by the terms outlined in the agreement itself. It is important to carefully review the lease agreement you signed to understand the specific terms regarding the duration of the lease and any provisions related to lease... Read more »

View More Answers

3 Answers | Asked in Contracts, Probate and Small Claims for California on
Q: I am unpaid caregiver. Probate has closed. How do I collect what's owed?

I've filed small claims case before the year limitations. I believe I need to file Abstraction of Judgement

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

As an unpaid caregiver seeking to collect what is owed to you, it is advisable to follow the legal process available in your jurisdiction. Since you have already filed a small claims case within the statute of limitations, it is a positive step. If you have been successful in obtaining a judgment... Read more »

View More Answers

2 Answers | Asked in Contracts, Employment Law and Entertainment / Sports for California on
Q: If a person signs a contract isn't it there legal right to have a copy of it?

A porn actress signed a long term contract for a specific amount of money yrly. That amount hasn't been paid. She's asked for a copy of her contract. The production company refuses to provide it. What has to be done to force the company to produce the contract?

Maurice Mandel II
Maurice Mandel II
answered on May 21, 2023

Your question crosses several areas of law- Contract, employment and entertainment law, so the answer is not so easy or quick. Basically the answer is "YES" the entertainer is entitled to a copy of the contract and any other documents they filed, this would be part of an employment file... Read more »

View More Answers

4 Answers | Asked in Consumer Law and Contracts for California on
Q: If someone put my car at a self storage facility without my permission & didn't pay the bill, can I go take my car back?

I was out of town for a while and my sister took my car and put it at a self storage facility without my permission. I got a call a couple weeks ago telling me that I owed $300 to the storage facility and I told them that they didn't have my permission to store my car. They told me that they... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Under California law, if your car was stored at a self storage facility without your permission, you may have grounds to claim that the storage of your car was unauthorized. It is advisable to consult with a legal professional to understand your rights and options. While self storage facilities... Read more »

View More Answers

4 Answers | Asked in Consumer Law and Contracts for California on
Q: If someone put my car at a self storage facility without my permission & didn't pay the bill, can I go take my car back?

I was out of town for a while and my sister took my car and put it at a self storage facility without my permission. I got a call a couple weeks ago telling me that I owed $300 to the storage facility and I told them that they didn't have my permission to store my car. They told me that they... Read more »

Yelena Gurevich
Yelena Gurevich
answered on May 23, 2023

Attorney Mandel have you great advice. I will only add that you should file an identity theft report with the police and on ftc.gov so that you have take. Steps to dispute whatever your sister signed you up for (now known and also things you are yet to discover). Also if you did not give your... Read more »

View More Answers

4 Answers | Asked in Consumer Law and Contracts for California on
Q: If someone put my car at a self storage facility without my permission & didn't pay the bill, can I go take my car back?

I was out of town for a while and my sister took my car and put it at a self storage facility without my permission. I got a call a couple weeks ago telling me that I owed $300 to the storage facility and I told them that they didn't have my permission to store my car. They told me that they... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 21, 2023

Your sister has created a mess of problems for you. The simplest and most direct course of action is to pay the $300, get your car back and then request for your sister to pay you back your costs. Make sure that the storage facility cancels all accounts with you and puts you on a watch list.... Read more »

View More Answers

2 Answers | Asked in Contracts for California on
Q: If there is a situation in which the plaintiff makes an unrequested improvement to a property that he knows --->

If there is a situation in which the plaintiff makes an unrequested improvement to a property that he knows belongs to another, but mistakenly thinks that he is improving it at the owner's request and therefore is unaware that his improvement was not authorized, so, donative intent cannot be... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

In a situation where the plaintiff makes an unrequested improvement to a property, even if mistakenly believing it was authorized, the ability to receive compensation can depend on various factors, including the specific circumstances, applicable laws, and contractual agreements. While donative... Read more »

View More Answers

2 Answers | Asked in Consumer Law, Contracts and Probate for California on
Q: Gym owner refuses to refund estate money debited since death

I am administering a small estate but the process to gain papers took longer than expected and since then, the gym of deceased automatically debited their account for close to $1K. Now I have sent a demand letter for return of the refund but the owner has refused to refund to the estate and instead... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2023

Generally, when a person passes away, their estate is responsible for managing their financial affairs. If the gym owner has debited the deceased's account after their death, it could potentially be considered unauthorized or wrongful. The estate may have a valid claim to seek a refund of the... Read more »

View More Answers

4 Answers | Asked in Contracts, Employment Law and Business Law for California on
Q: I received a cease and desist letter from my previous employer and I am wondering what I should do in regards to it?

I’m wondering if I need to respond or if I just leave it alone. When I resigned from my position my previous employer responded with retaliation and harassment. Now I’m receiving a letter. I’m not sure what to do.

John Michael Frick
John Michael Frick
answered on May 18, 2023

It depends on what they are asking you to cease and desist from doing.

If your former employer is asking you to cease and desist from using its trademarks, trade secrets, patents, copyrighted information, etc., you might consider consulting an attorney to help you determine if you are...
Read more »

View More Answers

4 Answers | Asked in Contracts, Employment Law and Business Law for California on
Q: I received a cease and desist letter from my previous employer and I am wondering what I should do in regards to it?

I’m wondering if I need to respond or if I just leave it alone. When I resigned from my position my previous employer responded with retaliation and harassment. Now I’m receiving a letter. I’m not sure what to do.

David H. Relkin
David H. Relkin
answered on May 18, 2023

As hard as it may sound, ignoring the letter is the wrong decision. I am not saying that you need to shoot off a letter to the author. I am saying never disregard such a letter. It must be analyzed. What is the motive, what are your risks? You have not provided the substance of the letter, but it... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.