A father left his will to his wife that states that she will get all of his money. He wished that she would divide their estate among their three kids. She later decided that she wanted to leave the entire estate to her new husband. She has cognitive issues and memory problems, forgetting simple... Read more »
If he is deceased and she is still living; his will gave everything to her--it is now hers to do with as she pleases regardless of what he wanted. A will is a special sort of document called a testamentary instrument. It requires capacity, so cognitive issues raise questions about validity....Read more »
So we had three units of AC installed in our two-story condo by financing the cost through lender.
From very beginning we have had issue with the unit, which including leaking refrigerant inside every single unit, wrong wiring, etc. We have called the company and every time either nothing... Read more »
Sorry about problems. Send contractor and lender a notice of rescission, the undoing of the contract, demand they remove units and refund all your money. Now, the real problem is that if you read your loan documents, the financing is probably not dependent on the job being done properly and you...Read more »
Other party decided to back out of sale before escrow and refused an inspection of property. Can both of us be sued or can other party only be sued for there backing out. What are my options? What can I do?
If a seller breaches a residential real estate contract, the buyer may sue for damages or specific performance. A suit for damages is either for a specific amount set by the contract (liquidated damages) or for the actual amount of damages suffered, as calculated by statute. (Civil Code sections...Read more »
The lawyer filed for an extension for a defendant's answer in a civil process. Plaintiff requested the lawyer to produce a defendant's consent to act in that civil process. The lawyer failed and refused to produce it. Plaintiff suspects that the lawyer was not hired by defendant, but by... Read more »
When an attorney files a document with the Court in a litigation they become the attorney of record unless they also file simultaneously a notice of limited representation. A plaintiff is not entitled to receive a "Defendant's consent" this is something that insurance companies can...Read more »
Check the website for the court that your case is pending in. If there are forms, they will be on that website. A commissioner can be just as qualified as a judge to hear your case and often spends more time on your case than a judge does. The courts are very backlogged and if you decline the...Read more »
I work in sales. We had a commission and payment plan we all agreed to for Q2 (April-June). The month after they changed the commission plan because "too many people were doing poorly" however I was doing very well and now they have taken away everything I did in Q2 during COVID after... Read more »
I had a case like this several years ago, but in that case, it was changed because the salesmen did so WELL! Sometimes these plans contain language saying that they can be unilaterally changed/discontinued at any time. That may not be an enforceable term of the contract. If you were paid the...Read more »
My roommate and I signed a lease for an apartment and made our first payment, and once they received the payment, we were told about a death in the apartment in February of this year. We would like to know if this is illegal for them to disclose the information afterwards.
A LL has to disclose any condition of the premises that could pose a health hazard to the proposed occupants. if the death involved such a continuing health hazard, the LL would be legally obligated to disclose it to you. Otherwise, the LL does not have to say anything. But in your case the LL...Read more »
I have the UD, Writ of Execution (from 2013) and have tried to serve 2-3 banks years ago to see if this individual had money with those banks with no luck. Its been several years now and this POS has written another book (hes a complete fraud) but it looks like he has been making money. I think I... Read more »
It sounds like you have some knowledge about how this process works. You are entitled to a judgment debtor exam, for which the most important part is the subpoena for his documents, all bank records, credit card records, any bills he has, records of ownership of any personal property worth more...Read more »
A California attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, such situations do arise when a company is sold to another. Their ability to continue billing you might be addressed in the membership agreement. If it is not expressly addressed, it's...Read more »
I have a lease that was amended, agreed upon by all and signed by the lessors. The lessors refused to take and revise lease but instead, gave the lessee the amended lease stating they didn't need a copy. I wouldn't sign it until the amendments were initialed but only one lessor was... Read more »
It sounds like the lessor waived their rights to keep a copy and this is what the Judge found in small claims. The new, unsigned lease is not binding on you, and they could be trying to perpetrate a fraud on the Court by claiming they had that as a lease with you when you produce the one with...Read more »
I have almost every phone call legally recorded and can be used in court. I have stated at the beginning of each of these recordings, “ I need to inform you that this call is being recorded”. Each recording proves their admission of guilt and their consistency in lying to me. Every time I make... Read more »
Sue them in small claims court. Organize your evidence into a notebook with tabs and an index. Write up a summary of what happened and have an accounting of all the over charges in a chart so the judge can read it easily.
A Paralegal used her husband to serve legal documents to the opposing counsel days before a court appearance. Not an employee of the firm. Responses to motions were served to opposing counsel during after hours. The building was closed and according to the husband on the proof of service, he stated... Read more »
A proof of service is signed under penalty of perjury, it must be signed by the person doing the actual service. Other than that there is no other requirement of status, like being an employee of a firm or paralegal service. If I were hearing this case I would postpone the hearing so the attorney...Read more »
Independent sales person underbid a job, had customer sign our contract and collect deposit. I went out there to site survey it and realized the job was undersold and needed additional equipment and work that I'm not licensed to do. I'm an electrician, and they need stucco work for the... Read more »
Yes, he has a case, but you may have a defense. You are responsible for the contracts that your agents negotiate. But from what you say you may have the defense of Impossibility of performance, if you do not have the license to perform the job. You might also want to be sure that the contract is...Read more »
Probably not. While a vermin or insect infestation can be considered in determining whether there the premises is "UNINHABITABLE" usually it requires more than a cockroach problem that can be handled with an exterminator, as frustrating and inconvenient as this can be. What you might...Read more »
I had sec 8. He sued me for back rent I didn't owe. Before we made it to court, his lawyer's office called to tell me they found documents proving my innocence and they were dropping the suit but landlord wanted me to pay his attorney fees anyway, I declined. Short time later, the... Read more »
Very sorry to hear you had to go through these problems. The problem that I have regarding what you describe is that there are limitations on how much you can delay on bringing an action based on most of these facts. Ordinary torts are 2 years, Fraud is 3 years. I am not aware of any statutes for...Read more »
I submitted the CM-110.Its for a civil unlimited case; I also have the forms #PLD-C-00,CM-010. SUM-110, SUM-200a. And a motion pretty summarizing everything; why and how much I'm countering for, which i also that thought was my "cross". I am mailing the subpoena papers tomorrow also.... Read more »
Welcome to Civil Litigation. Apparently you sent in an Answer and CC at the same time, the Clerk accepted the Answer and bounced the CC and now you are stuck in wonderland. It happened to me once. The Clerk cannot file a CC after accepting and filing an Answer, without a court order, which means...Read more »
We signed an "as is" provision within a lease amendment of a commercial building. The amendment was to add additional space to the original lease. In order to meet our business needs, we made remodeling improvements to the interior of additional space. As a result of the inspection... Read more »
You should consult with a local attorney familiar with construction law and real estate. Sometimes when you remodel more than certain percentage of the total square footage of the premises you are then require to bring the entire structure up to code. This means that the premises might not have...Read more »
This is related to a lease clause of a commercial building and the landlord is stating that he is not responsible for repairs to the building due to code violations because he disclaimed any financial responsibility for any "refurbishments", "improvements" and/or... Read more »
I'd like to know more about the lease. Leases typically specify that: (a) the property is not in violation of any building code, regulation or ordinance, and (b) that the landlord will maintain/repair the building as needed.
If the above-listed provisions exist, arguably, the...Read more »
I recently purchased a vehicle from a Chevrolet dealership in San Diego, CA. I had horrible credit at the time and was only able to be approved with a large down-payment, which I was able to make happen. The amount on the paperwork does not even closely reflect the $12,000 I put down. What can be... Read more »
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.