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California Contracts Questions & Answers
1 Answer | Asked in Contracts and Employment Law for California on
Q: Is it legal to have me managing 5 to 20 employees under 1099 only getting paid commissions I earn by selling solar?

I found my job avoid paying taxes on me I owe a lot to the irs now, they offered me stocks and shares 15,000 all for 4 years of my hard work then terminated me and squeeze me out the company without giving me any and forcing me to sign a severance agreement by 4pm the sameday or they were not... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 19, 2020

Your rambling post raises many issues that require much more information before someone can give you reliable advice. Signing a severance agreement and receiving money in exchange for that agreement may mean you have walked away from most of your rights against this company. However, the prudent... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Myself and sister were co-owners in home in Hesperia ca. Sister was residing in home , signed 20 yr contract for solar

I did not know about this contract signed 11/2018 , until friend sent photo of panels on home. Sister passed 2019 , now I'm dealing with this. Solar company says they only needed one signature. I told them without co-owner signature ? They said yes. Told them they should require both home owners... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

A co-owner has rights to the undivided whole of the property and could sign such a contract. What you need to find out is if the contract was secured by your real property. If it was a secured loan, then the solar company can ultimately force a foreclosure to get their money out, subject to any... Read more »

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for California on
Q: What happens if employer signs documents for you with your initials? Is that allowed?
Neil Pedersen
Neil Pedersen answered on Feb 6, 2020

Far more would need to be known about the nature of the documents and other facts that would provide context for this question. Generally, signing someone else's names or initials when permission to do so has not been given is, essentially, forgery.

Good luck to you.

1 Answer | Asked in Contracts for California on
Q: Am i legally bound by signing a contract w a dental office to pay for services that i never recieved?

I paid cash in full for 2 crowns, however the dentist ordered 2 different color crowns on my front teeth. After 3 months of having to wait for these crowns i decided to get them done by a different dentist. It took 6 days. The first dentist has declined to reimburse me the $3000 i paid in advance.... Read more »

Donald M Barker
Donald M Barker answered on Feb 4, 2020

The Dentist had an obligation to provide two Crowns to you. If the crowns provided did not conform with the crowns called for in the "Agreement," like "Wrong color" and the Dentist did not/could not/ would not correct the problem ("Cure his breach") within a reasonable time, then the Dentist most... Read more »

2 Answers | Asked in Contracts, Lemon Law and Small Claims for California on
Q: breeder rights in CA? buyer refuses to pay for Puppy. what rights do i have in CA as a breeder to get payment?

Buyer came and purchased a puppy from me with a check. after a Day he informed me that the puppy was ill with kennel cough and stopped payment on the check. the buyer has not provided any information from a vet showing that the puppy is ill and refuses to bring the puppy back for a refund or to... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 4, 2020

On the assumption that the puppy is valued at less than $10,000 … first, schedule an initial free consultation with an attorney by video call or telephone call … then, you will want to file a small claims court action as soon as possible.

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1 Answer | Asked in Contracts for California on
Q: A parking lot our company pays for Monthly Parking tells us not to park during weekends. Is this legal?

The company pays for "Monthly Parking" and some employees uses the parking on the weekend for not work purposes. The parking management company says that it is not allowed to park there on the weekend.

I think the term "Monthly Parking" should include the Sat & Sun.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 30, 2020

This is not a legal question. This is a situation probably caused by the terms of the contract negotiated between your employer and the parking management company. Your employer probably agreed to pay the parking management company some amount of money to cover you and the other employees during... Read more »

1 Answer | Asked in Contracts, Criminal Law, Admiralty / Maritime and Civil Rights for California on
Q: Hello, my legal person name is Asher. I am a paralegal myself, withholding 34 years of experience. I have a question

A man who was previously convicted in his first and last name in a state other than where he resided, had an established residency the state of California where his married spousal successfully changed his name to something other than what he was convicted as then triumphed himself out of the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 29, 2020

MUCH MORE INFO NEEDED.

IT'S LIKE ASKING A DOC WHY DO I HAVE CANCER?

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Small Claims for California on
Q: Denied $400 Target return(Unopened w/receipt, purchased day prior) cause staff didn't know how to return the item. Help?

It was a Visa prepaid Debit Card the card itself and the store policy says specifically that this item can be returned if unopened with receipt and within 90 days. Which I had all three. Staff was extremely rude and degrading to me and wouldn't even take the time on how to figure out it could be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 27, 2020

Go to a different Target!

OR talk to a manager next time.

Good luck with it!

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: CA- how to request case dismissal with prejudice against plaintiff due to flawed 3 day notice? Can I amend answer to UD

CA-Received flawed 3 day notice (other tenant/m girlfriend) not named ,rent amt incorrect + late fee and utilities listed. I filed answer to UD but want to amend. Can I, if done within 10 days? Which forms to use, how to cite the flawed notice to get judge to dismiss? Should I still file answer... Read more »

Donald M Barker
Donald M Barker answered on Jan 20, 2020

If you do not have the funds to pay all rent due, you're essentially whistling past the graveyard. Though an incorrect Three-Day Notice, etc., may delay your eviction, it will not stop it: You are only buying time.

Plus, to the extent that your Agreement with the Landlord contains an...
Read more »

1 Answer | Asked in Banking, Contracts, Identity Theft and Criminal Law for California on
Q: I gave someone my bank account information and now they are taking all my money. I want to know if I can still report
Dale S. Gribow
Dale S. Gribow answered on Jan 19, 2020

more info needed.

how long ago was this? did you report it? to whom? put a freeze on your account and contact police,

1 Answer | Asked in Contracts for California on
Q: The contractor with whom we concluded the contract did not pay the workers. Can they put the lien against our home?

Most of the work was done disgustingly, with a lot of obvious flaws, and we demanded to redo everything.We have already paid the contractor 70% and demanded to fix all the problems before he receives the rest of the amount.After that, he disappeared, did not answer my calls and emails.

I... Read more »

Donald M Barker
Donald M Barker answered on Jan 17, 2020

Only licensed Contractors/Sub-Contractors can lien real property for services/materials provided on a private work. PLUS: Any licensed contractor/sub who did not have a direct contractual relationship with you had to have provided a timely "20 Day Preliminary Notice" to you/homeowner in order to... Read more »

1 Answer | Asked in Contracts for California on
Q: Whether do we need to pay $400 to a person who fixed our AC without our assent to fix?

We asked a guy coming by to give us a quote for fixing our AC. Without our consent, he fixed and asked for $400. We, under shock, wrote him a check of 400 and canceled the check a few hours later. We wrote him a text, saying we only asked for a quote, not ask for repairing, and therefore not going... Read more »

Donald M Barker
Donald M Barker answered on Jan 10, 2020

See page 20 on link. "Service and Repair Contracts."

https://www.cslb.ca.gov/Resources/GuidesAndPublications/ContractingForSuccess.pdf

1 Answer | Asked in Contracts, Civil Rights and Legal Malpractice for California on
Q: I was injecting crystal meth not sober with all accident attorneys.

So incompetent not sober I read the law book caljic3.31.5 illegal. I got evidence proof not sober criminal history. They were all seeking advantage of me white collar crime. Ability to suspend their bar licences at the state bar of ca?

William John Light
William John Light answered on Jan 9, 2020

Maybe, if you have some evidence. Testimony, alone, from a meth user probably won't be very persuasive.

1 Answer | Asked in Contracts, Landlord - Tenant and Legal Malpractice for California on
Q: My fianceand I leased a housefor 1 year. She has since moved out on around beginning of Dec. I still live in the house

. I was under the asumption shes basically abandoned her access and Say so concerning entering without my permission.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

What is your actual question?

2 Answers | Asked in Business Law and Contracts for California on
Q: Is it fraud to use a line of credit opened by the previous owner of a business I purchased in March of this year?

We paid bought a bar in March of 2019- DBA, liquor license, all assets connected to the business. All accounts including credit lines, utilities, vendors etc. were supposed to be transferred or closed. Recently, I received a statement that there is a line of credit in the business name that the old... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 29, 2019

If you just bought the assets of the company rather than the shares, probably not as it may be a personal line of credit.

It would be best to check with the Bank to see who took out this line of credit!!

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1 Answer | Asked in Contracts for California on
Q: is it considered a threat to tell an attorney that you will report them
Michael Doland
Michael Doland answered on Dec 24, 2019

No, lawyers hear this all the time, and twice as often from client who haven't paid their bills.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Can I sue a company after signing a severance package

I signed a severance package on December 13th 2019. Today I found out there has been a data branch. A hr representative sent an employee and email that had all employees SSN and names . can I sue them for this data breach even though the severance says I can't sue

Michael Doland
Michael Doland answered on Dec 24, 2019

For an event not related to the subject matter of the settlement agreement, and occurring after the execution of the agreement, there should not be any obstacle. Of course, this is analysis and no answering attorney has seen the actual document you signed.

1 Answer | Asked in Contracts and Employment Law for California on
Q: I’m being pressured to purchase goods from a company that a board member is related to. It this illegal ?

Both companies have a shared board member, and I am being pressured to purchase products from the other company. It’s been made clear to me that my job is on the line if I don’t

Neil Pedersen
Neil Pedersen answered on Dec 19, 2019

Your question is not clear. Are you saying that you are being required to purchase for one company products of the other company, or are you saying that you are personally being required to purchase the merchandise? Absent some external law regarding conflict of interest, there is nothing... Read more »

1 Answer | Asked in Contracts for California on
Q: I am being ask to sign a consent of heirs form in someone else loan/option to buy contract on a loan they are taking out

This person & I been living as husband & wife for 19 yrs. Together for 20 yrs. He inherited the building 10 yrs ago free & clear. He fail to follow through with marriage as promise with an engagement ring from the start 19 yrs ago. A breakup looms in the future. I am Medicare/Med-cal & I would... Read more »

Jason Brooks
Jason Brooks answered on Dec 15, 2019

This is a very complicated issue which requires significantly more in depth analysis and review than can/should be provided in a free Q&A forum such as this. I would strongly advise you seek counsel from an estate attorney.

1 Answer | Asked in Contracts and Employment Law for California on
Q: I have my own LLC as an independent sales broker. The company I broker sales thru, wants to make me a W2 employee.

They claim I could be liable for back payroll taxes even though I have a pass-through LLC. Is their claim correct? My position is that only the company I broker with is liable.

Neil Pedersen
Neil Pedersen answered on Dec 15, 2019

The law related to independent contractor vs. employee has tightened up and many employers are prudently going completely away from using independent contractors. If that is what the employer wants, your choice is to go with it or not work with them.

Having a pass through LLC is only one...
Read more »

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