Filing a complaint with the California Department of Insurance does not toll the contractual statute of limitations. However, the contractual statute of limitations is tolled during the time the claim is open. Therefore, the statute begins to run when the event triggering the claim occurs. It is...Read more »
i was never given a contract from the broker. I have a text message that I sent him and that he responded with an on “ok”. Later when I asked him to respond about some undisclosed issues that were later identified, the “broker” told me that he actually owned the boat (lie). And that it... Read more »
I got pressured into signing the student loan as a guarantor bec my brother, his dad, did not have the FICO score to get the loan thru. Now, there has been a family fight and my brother's wife is trying to get back to me by telling her son NOT to pay for the student loan so that I will end up... Read more »
First, small claims jurisdiction does not allow for a claim as high as $21,000. If you brought a claim that was higher than the jurisdictional amount, the most the court could have awarded to you would be the jurisdictional limit.
Second, if you appeared and he did not, you should have won...Read more »
It is just one sentence, and does not have anything about breach of contract nor what would happen if I quit before the 2 years. That is why I do not know if it is even a real contract? Literally just one sentence that says I committed to grow in the company for two more years for a raise $2.... Read more »
My manager said she was only able to give me a $2 raise if I sign a 2-year contract. I had signed this contract which only states “I committed to grow with San Diego Gastroenterology Medical Associates. I have agreed to stay on board for another two years and in exchange for that commitment will... Read more »
You can quit, but you may be responsible for your employer's damages. Since you contracted with your employer to receive a $2.00 per hour pay increase in exchange for working for 2 years, your employer could potentially bring a breach of contract claim against you for damages. Your employer...Read more »
I may or may not have a copy of sensitive information (I work in security) which my boss asked me to delete completely. If I reveal publicly that I have this information, what should I expect to happen from a legal standpoint?
my roommate wants to take me to court for rent. So as far as i know when you pay rent it's for the upcoming month right? Well i paid at the end of June which means i paid to stay in the apartment in July. And in August i moved out and got my name off the lease. I did let them know in the... Read more »
Generally you would pay for the upcoming month, yes. Obviously every contract can be different though, so it would depend on when you originally paid and what the deal was. What does the tenant agreement say? When does the specific month-to-month start/stop? (oftentimes it's the first of...Read more »
I only lived in an apartment for 1 day before deciding to move out. I signed the contract regarding security deposits but I think it's unfair that I don't get at least a portion of it back because I lived there for such a short amount. Additionally, the house owner breached verbal... Read more »
If you signed the lease for the month and there was no official foul play, then you are committed to paying for the month, regardless of how long you decided to live in the apartment. The landlord has committed that month and has no duty to replace your monthly contract.
I have multiple recorded violations/breach of contract from x-landlord.I obtain them from homeowners/property managers who were considering me for tendency but was turned down because of my x landlords malicious/false bad referrals which he was court ordered not to give. I'm homeless/living in... Read more »
There's several pieces to this. First off, you mention that he was "court-ordered not to give", which would imply there's already been a case and judgment on him in regards to his recorded breaches prior to you moving out? If so, then the discussion would be on your issue...Read more »
Vessel repairs could create the basis for a maritime lien. You could reach out to a California attorney to review the matter to determine what the best course of action would be. In some cases, such matters are handled as contract actions under state law. An attorney who reviewed the file should be...Read more »
They didn’t offer additional coverage, knew I had nonowners & loaned a vehicle. Vehicle was damaged & nonowner policy won’t cover it saying they should’ve never let me drive away with it. Am I responsible for the damages to the car? Or are they because of negligent entrustment?
Normally "negligent entrustment" is when someone entrusts property to a third person who then injures you. Claiming to be the incompetent person to whom the property was entrusted is an interesting legal theory but it may not fly in court. You don't say how the car was damaged.
As my colleague points out, this case would turn on what the company's policy and contract states about refunds. You're not entitled to one just because you want to return it. Some states do require a 3 day refund for "buyer's remorse", but a week later would not qualify...Read more »
Who is the vehicle registered to? Do you want out of the lease entirely or do you want to stay on the lease and just get them to make the payments on time? I would suggest to schedule a phone consultation in order to discuss this further and examine your best options.
A client five years ago not only breached a contract by refusing to pay a significant portion of invoices, but also failed to honor several terms such as patenting the work himself without credit or consideration, was destructive to several professional relationships, caused distress, and more.... Read more »
This was a startup company. The president was a very difficult scheming person to deal with. He paid the majority of my invoices to him early but later on in the relationship did not, and when I ceased work irately criticized me. He claimed he did not have the money to pay me but paid patent... Read more »
You say it's 5 years later. in California, you have 4 years to enforce (i.e. sue on) a breach of written contract. Since you did not sue him within the statute of limitations, you have no legal way to collect. So if he's offering to pay you, take the money and run. You can spend money...Read more »
I am creating a Limited liability Partnership Agreement for a start up business. I need help with jurisdiction and whether or not the sum of 500 dollars a month is in line with federal minimum wage laws.In addition to what the value of cash is insofar as the establishment, development and branding... Read more »
As you probably already know, the basis for any successful business is a clear and cogent "agreement" between the founding members or partners. In an LLC or an LLP, such "agreement" would be embraced within an Operating Agreement ... which outlines management responsibilities...Read more »
This person has paid about 40% of multiple other invoices over multiple years of off and on consulting from 2016-2019. His payments became less frequent and consistent. He repeatedly promises to pay then does not. This debt is under a contract and is now about two years old. I have attempted... Read more »
You need to decide, right now, if this justifies the expense of hiring a lawyer. Time is your enemy. The longer you wait you might lose the right to sue. Go see a lawyer or 2 and see what you will need to spend, and discuss whether a judgment in your favor will be collectable.
If she cannot legally provide or sell her services to another because she isn't properly bonded, then wouldn't any auctions she's held be illegal to do and void any contracts between her and the buyers of said illegal (fraudulent) auctions?
Debt belongs to ex husband. Debt was granted and incurred post divorce by 2 years. Divorced 2015, his alleged debt was applied for in 2017 and (per the ex) . Both myself and my ex have tried prior to this to remove his name from the account but WF gave us a terrible time and couldn’t figure it... Read more »
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