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California Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Business Formation and Business Law for California on
Q: Is it legal for a company to charge me for not being enrolled in autopay? I'm being charged 7.50 a month, seems illegal.

The company is Sunrun and based out of Denver Co, I am in the state of Ca.

William John Light
William John Light answered on Feb 25, 2021

Under California law, an employer may lawfully deduct the following from an employee's wages:

1. Deductions that are required of the employer by federal or state law, such as income taxes or garnishments.

2. Deductions expressly authorized in writing by the employee to cover...
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1 Answer | Asked in Contracts and Civil Litigation for California on
Q: Need help to prepare civil discovery motions to compel on a Limited Scope basis.

I'm the plaintiff. The law firm for the defendants are jerking me around with BS objections and responses to discovery. I'm looking for a lawyer who can assist me on a Limited Scope basis to prepare high quality motions to compel discovery which are dead bang winners.

Please... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Feb 25, 2021

All real litigators know there is no such thing as a "dead bang winner" discovery motion. Generally, judges do not like these types of motions. The key to effective discovery is precise and clear drafting of the discovery, clear necessity for the particular discovery, and well-documented... Read more »

3 Answers | Asked in Bankruptcy, Contracts, Copyright and Criminal Law for California on
Q: Can I use word "Minnie" in my brand title, brand logo. I only use "Minnie", not "Minnie Mouse", is it ok?

For example, my brand is: Pinky Minnie Couture or Destiny Minnie Arts ...

David Michael Lehr
David Michael Lehr answered on Feb 25, 2021

Not a criminal law question.

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2 Answers | Asked in Bankruptcy, Contracts, Admiralty / Maritime and Business Law for California on
Q: What option do we have to avoid bankruptcy as freight forwarder hit by per-diem charges for container storage?

We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers... Read more »

Leon Bayer
Leon Bayer answered on Feb 23, 2021

You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.

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2 Answers | Asked in Contracts and Estate Planning for California on
Q: Our mom died now my sister and I are the equal owners of her trust. I have a 25 year contract to farm the almonds

The lease states: “if the property is sold during the term of the lease the lease shall terminate and the lessee shall be entitled to the sum of $5000 per year for all years remaining on the lease as liquidated damages.”

If I buy the property before the lease is over does the trust owe... Read more »

Jonathan Purcell
Jonathan Purcell answered on Feb 20, 2021

You should have an attorney review the lease, the contract, and the trust, as well as other real estate documents.

This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice...
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1 Answer | Asked in Contracts and Business Law for California on
Q: What are the steps to filing a civil suit in Sonoma County for a quarter of a million by October 2021?
Yelena Gurevich
Yelena Gurevich answered on Feb 19, 2021

You can look for instructions and forms on- http://sonoma.courts.ca.gov/self-help/civil-self-help-center

1 Answer | Asked in Estate Planning, Contracts, Elder Law and Probate for California on
Q: I need estate lawyer to help deal with a hospital were my mom passed away

My mother passed away in a hospital. Hospital lost her property and sum of money she brought with her. As compensation they issued me daughter a check that I had problem utilizing. and lost.. It was made out to the estate of <moms name> Now they are giving me replacement check but I'm... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 17, 2021

If your mother’s estate, consisting of that check plus her other assets, is worth less than $166,250, you might be able to collect all of her assets with a small estate affidavit. A probate attorney can help you determine whether your mother’s estate qualifies and, if so, can help you draw up... Read more »

2 Answers | Asked in Contracts and Civil Litigation for California on
Q: A defendant has Defaulted in California. They've filed a Motion to Set Aside. Do I need to serve my Opposition?

As I understand, I needn't serve the defendant as they are in default.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 10, 2021

You were informed wrong. Unless you respond the Judge will probably grant the defendant's motion.

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1 Answer | Asked in Contracts and Copyright for California on
Q: Can the copyright owner/producer fire the director/writer/producer and post-produce and release his version of the film?

A and B signed an agreement with regard to A and B collaboration on that certain short Film based on the screenplay written by B. A paid B a flat fee for writing services. A and B produced the Film.

All rights and copyright (and any renewals, extensions and continuations thereof),... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Read the contract.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Contracts, Real Estate Law and Intellectual Property for California on
Q: My boyfriend mom has removed sold his belongings from his room and she took his dad name off deed to house without him a
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Not your problem. Let them go to a real estate or Personal injury attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for California on
Q: What are my rights or next steps I should take if the owner of the kitchen I am renting refuse to return my equipment?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Your equipment? You own it. Unless you attached it to the walls/floors, it is yours to do with what you please. Sue owner in Small Claims for value of the property he is keeping. It is called "Conversion." Go to small claims.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Contracts and Employment Law for California on
Q: Questions on contractors that was hired by Callaway, and we processed the payroll, what is our rights?

Company C hired the consultants and signed their timesheets, we paid the consultants and then bill company C. 1 year later, Company C states that we are responsible for the payments that consultants didn't perform at their satisfaction level? please advise.

Neil Pedersen
Neil Pedersen answered on Feb 5, 2021

There really is no way to competently advise about this situation without first reviewing all of the contracts and learning about the terms of any oral agreements. You need to locate and consult confidentially with an attorney who can be allowed to understand those documents and facts.... Read more »

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1 Answer | Asked in Consumer Law and Contracts for California on
Q: I had an agreement with a large used car dealership to purchase a car. Now they won't sell? Verbal contract enforceable?

My wife and I went to buy a used car from a major used car dealership in southern California. We told the salesman we wanted to buy the car. We asked if we could have the car (2014 Subaru Outback) inspected by a local Subaru dealer before making the purchase. They said yes. We asked if we should... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Feb 3, 2021

A verbal sales contract for a car is theoretically enforceable. However, the actual understandings of the party are key. So, the precise words used are going to matter. From just what you have said here, it is not possible to conclude that there was a "meeting of the minds" to form a... Read more »

1 Answer | Asked in Contracts for California on
Q: Hello, Business litigation. My Q: I lost the signed copy of the contract. How can I prove it was a written contract?

Would love to hire an attorney for this case. Proving the written contract is important in part because of the statute of limitations.

Yelena Gurevich
Yelena Gurevich answered on Feb 1, 2021

You will need to call and speak to a lawyer about the specifics of your case before anyone is able to provide you with an answer to your question. The answer(s) would depend on the specific facts.

1 Answer | Asked in Contracts, Business Formation, Civil Rights and Lemon Law for California on
Q: Need some legal assistance

I need some legal assistance so I purchased my car from , hired a guy to call me and trick me into taking my vehicle in for a smog check . So next I was left stranded and also did not give me or the dealer any notice of the vehicles personal belongings . Which by the way where removed by an... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 16, 2021

You should contact your local police department (where the dealer was/is) and make a report that your car was stolen by these people. More than anything, though, you need a lawyer to help you. You can go to the Los Angeles County Bar Association's website (LACBA.com) and click on the... Read more »

2 Answers | Asked in Consumer Law and Contracts for California on
Q: While I have occupancy of a motel room, can a maid legally enter without knocking? There was no emergency and no reason

The maid opened the door twice that day while I was in my room. I told the manager who was unaware of the 2 events. I asked that nobody enter my room while I was away. My request was not honored.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 2, 2021

Let's see, "you asked that no one entered your room while you were away" and you said that was not honored. I do not see that here and unless you were filming, you cannot prove same. As for entering when you are there, it's entirely possible there was knock, both times, but you... Read more »

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1 Answer | Asked in Contracts, Copyright, Criminal Law and Legal Malpractice for California on
Q: I'm not sober under the influence to my attorney. Is it illegal can I suspend their bar? What is it called by law code.

I'm not sober drunk and high on drugs. They're all seeking advantage of me doing white collar crime fraud scheme. What is it called by code of law?Can I suspend their licence bar?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jan 1, 2021

A lawyer involved in a 'white collar crime fraud scheme' would surely face the loss of their license with the state bar, not-to-mention criminal prosecution. You can file a complaint at The California State Bar website- calbar.ca.gov or call (800) 843-9053. It might be wise to consult... Read more »

1 Answer | Asked in Real Estate Law and Contracts for California on
Q: 2nd Time Asking - Excessive water bill in rental due to landscaping irrigation. Who is responsible for this excess use?

I have been renting a house since September and the property management company conveyed a concern from the owner that I was made aware of the high cost of utilities, stating the water bill is 350-400 in the summer months. This was also stated in an addendum to the lease that I signed. There have... Read more »

James Alan Greer
James Alan Greer answered on Dec 28, 2020

Dear Menifee Lessee: You have asked about responsibility for excessive water bills, as between the Lessee or the Lessor. From the description of your question there seems to have been "notice" to Lessee but at a $350-$400 level, whereas you have indicated that you are seeing bills... Read more »

2 Answers | Asked in Contracts, Copyright and Entertainment / Sports for California on
Q: How much ownership of music do I have when a producer does a different version of the music I originally created?

I wrote a song and did the music arrangement in Logic Pro X using many royalty free loops to create my song. If I work with a producer who does his own interpretation of my original song via new music production how much ownership do I have regarding the music content?

I copyrighted my... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Dec 23, 2020

"Influenced by your original song" may or may not be a derivative work. His audio needs to be compared to your work.

A split sheet is useful. You might want to use a collaboration agreement along with the split sheet.

Please also see my answer on Avvo.

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1 Answer | Asked in Contracts and Construction Law for California on
Q: After default, can I present new evidence against the plaintiff?

I'm in default but have learned that the contractor needed a separate permit to perform the work so that the work would be reviewed by the city and signed off accordingly. That was part of the contract, that I would have to pay them once the city signed off the permit. Since they didn't... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 23, 2020

if there is a default against you, it means you failed to appear and the judge entered judgment. there are only limited circumstances where that default could be lifted and you will need a lawyer to go over those options and do the work which means you will need to pay a lawyer to do this. it is... Read more »

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