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California Contracts Questions & Answers
2 Answers | Asked in Construction Law, Small Claims and Contracts for California on
Q: How to serve unreachable contractor in small claims court?

I hired a contractor to work on my house, but he stopped showing up and doesn't respond to my calls or messages. I have a written contract and I've made four payments by check. I've filled out forms to sue him in small claims court, but I'm unsure how to "serve" him... View More

Robert Kane
Robert Kane
answered on Feb 13, 2025

Ultimately, a judge could allow service by publication. As a practical matter, you should exhaust all resources to locate and personally serve them. A default judgment isn't worth much if you can't find them. If you do eventually find them, they will undoubtedly try to set the default... View More

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3 Answers | Asked in Contracts, Civil Litigation, Entertainment / Sports and Small Claims for California on
Q: I just need an attorney to respond for me and review a case in which I was never served. How much should this cost?

It’s frustrating looking for a civil attorney in Riverside County everyone I called wants $25-$50,000 just to respond to a letter is this common? I only discovered that I was served because of my credit search that was the only way I found out.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 11, 2025

Your problem is not limited to a letter: even if the other side agrees to vacate the Judgment, you will still have to deal with the underlying lawsuit. The lawyers don't want $25-$50K to respond to a letter, except in the sense that "respond" involves representing you in a civil... View More

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2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Can I bypass the arbitration clause in a contract if the company has not finished the job in a reasonable amount of time

We hired Flagship Solar in California to install solar panels on our roof. However, our roof wasn't suitable for the installation, so the solar company contracted Daniels Roofing to replace the roof before proceeding. Since the new roof and solar panels were installed, we’ve experienced... View More

Diana Isyanova
Diana Isyanova
answered on Feb 6, 2025

Sorry to hear about your situation. Whether you can bypass the arbitration clause depends on the specific language of your contract and the circumstances of the dispute. Arbitration clauses are generally enforceable in California, but there are limited exceptions. For example, an arbitration... View More

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2 Answers | Asked in Contracts and Employment Law for California on
Q: Settlement reached with timeline to meet all requirements. Timeline breached, but requirements met after. What then?

This settlement aimed to avoid state penalties for employer. They set timeline for payment in their contract. Payment was due in 5 business days but was disbursed incorrectly. They claimed it was complete, forcing you into repeated disputes over misclassified payments. They corrected one item after... View More

Brad S Kane
Brad S Kane
answered on Feb 1, 2025

While no one can give you competent advice without reading the settlement agreement, as a general rule, if a party pays and corrects their mistakes within 4 days, then the contract is probably still enforceable under the doctrine of substantial compliance. If you want to void the contract, then you... View More

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3 Answers | Asked in Contracts, Employment Law and Employment Discrimination for California on
Q: WFH compny holds legal benefits till after 90 days to employee. Claims it's legal. Deposits cash only to his acct.

Company claims actions legal on workers benefits. Holds benefits till after 90 days of starting training and working. Only asks for employees Federal I.d. and valid bank account to deposit cash payments once a week. And holds 1 week back after employee starts to work. When asked about contract they... View More

Brad S Kane
Brad S Kane
answered on Jan 30, 2025

Bathroom breaks do not count toward your 10 min rest break every 4 hours. The employer is required to provide paystubs showing your hours and earnings. The employer is required to reimburse for all necessary business expenses including electricity and internet if you are working remotely from the... View More

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2 Answers | Asked in Contracts and Real Estate Law for California on
Q: How to get earnest money deposit back for a home purchased in california? our contract has no contingency clauses

I recently purchased a property in California and paid my earnest money deposit 10 days ago. However, I’ve since discovered that the house is located at a T-junction, which was not disclosed by the seller or their agent. There are no finance or loan contingencies in my contract(no contingency... View More

Pavel Kolmogorov
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answered on Jan 28, 2025

In California, a seller has a common law duty to disclose facts materially affecting the value or desirability of the property if those facts are not known to or within the reach of the diligent attention and observation of the buyer. This duty extends to the seller's agent as well.... View More

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3 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for California on
Q: If a morgage servicer reported inaccurate information to the credit bureaus can you sue them in court?

I have receipts for the payments. Guy reported inaccurate information. I’ve been denied two loans because of it. Guy harassed the hell out of me with phone calls and letters motivating me to sue the morgage servicer. FCRA and TCPA.

Pavel Kolmogorov
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answered on Jan 24, 2025

Absolutely. If you have proof (like receipts or bank statements) that you’ve been making your mortgage payments on time, but the servicer is still reporting late or missed payments, that can form the basis of a lawsuit under the Fair Credit Reporting Act (FCRA). The FCRA requires companies to... View More

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2 Answers | Asked in Consumer Law, Contracts and Civil Rights for California on
Q: I have prosthetic leg, sandals, flip flops don’t stay on my foot. I wore sneakers into sauna and was kicked out. Rights?

I told the 24 hour fitness employee my situation and he told me get out of the sauna or I’m shutting it down. I was embarrassed in front of a bunch of people. I told him shutting it down won’t stop anyone from slipping. I was wearing Skechers slip ons, they are easy to put on and take off.... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 21, 2025

You do have rights which might be protected under the Unruh civil rights act.

You should search for civil rights lawyers in the Bay Area, or in the county where you live.

I suggest you prepare a chronological statement of the facts, identify all the witnesses, and what they will...
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2 Answers | Asked in Contracts, Employment Law, Business Law and Collections for California on
Q: Does California's FWPA apply to equipment rentals?

I provide equipment rentals as part of my freelance services. California recently established the Freelance Worker's Protection Act which stipulates that I may collect up to double the amount stipulated in a contract for professional services when a client does not pay on time or at all. If... View More

Pavel Kolmogorov
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answered on Jan 16, 2025

The FWPA primarily focuses on the payment for services rendered by freelance workers. If an equipment rental is viewed as an ancillary part of the services you provide (for example, tools or equipment necessary to complete a freelance project), it may be argued to fall under the umbrella of... View More

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2 Answers | Asked in Business Law and Contracts for California on
Q: The Agreement shall be governed laws of Texas, tried in Miami, FL. The contract was signed in LA, Can it be tried in LA?

I signed a contract that states "Controlling Law and Jurisdiction. This Agreement shall be governed by the laws of Texas and the United States, without regard to the conflicts of laws provisions thereof. Unless waived by Company (which it may do in its sole discretion), the exclusive... View More

Pavel Kolmogorov
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answered on Jan 14, 2025

The language in your contract (“The Agreement shall be governed by the laws of Texas,” and “the exclusive jurisdiction and venue of any action … shall be the State and Federal courts located in Miami-Dade County”) typically means that if a dispute arises, it should be heard in Miami-Dade... View More

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3 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: My business partner is involved in all decision making, but won't own shares. What business contract is appropriate? LP?

I own a game on the popular gaming platform Roblox.com. A 3D modeler from Brazil has reached out with interests to join me under the provisions of a 10-year partnership contract. Details: the modeler will be involved in all decision making (like in General partnership agreements), but CANNOT own... View More

Pavel Kolmogorov
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answered on Jan 13, 2025

Choosing the proper structure depends on multiple factors, including liability concerns, taxation, and how much control each party has. A Limited Partnership (LP) requires at least one general partner, who manages the business and bears personal liability, and one or more limited partners, who... View More

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3 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: My business partner is involved in all decision making, but won't own shares. What business contract is appropriate? LP?

I own a game on the popular gaming platform Roblox.com. A 3D modeler from Brazil has reached out with interests to join me under the provisions of a 10-year partnership contract. Details: the modeler will be involved in all decision making (like in General partnership agreements), but CANNOT own... View More

Jennifer Newton
Jennifer Newton
answered on Jan 14, 2025

While a Limited Partnership (LP) could be one option, other legal structures or customized contracts, such as a profit-sharing agreement, independent contractor agreement, or hybrid partnership agreement, may better suit your needs. The final decision will depend on several factors, including your... View More

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3 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for California on
Q: Hired a tax firm that claims to help consumers reduce IRS debt for flat fee. They didn't reduce or save us anything.

They first advised we owed the IRS about $50k and tried to get more money from or they would stop working on our case. At end we now owe about $90k to IRS. They didn't reduce anything and debt increased. Is there any legal action I can take besides filing compaints with CFPB or FTC?

Pavel Kolmogorov
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answered on Jan 9, 2025

Yes, you may have legal recourse beyond filing complaints with the CFPB or FTC. Potential claims may include breach of contract, fraud, and violations of consumer protection statutes. If the tax firm failed to provide the services promised under your agreement, you likely have a breach of contract... View More

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2 Answers | Asked in Contracts, Copyright, Business Law and Intellectual Property for California on
Q: If Hulu is using footage I own do they owe me compensation?
Pavel Kolmogorov
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answered on Jan 7, 2025

It depends on whether you truly own the copyright to the footage and whether Hulu has any authorization or defense for using it. Under federal law, the copyright owner generally holds exclusive rights to reproduce, distribute, and publicly display their work (17 U.S.C. § 106). If Hulu is using... View More

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2 Answers | Asked in Business Law and Contracts for California on
Q: Can my Independent Contractor Agreement be imbedded in my CRM software as an acknowledgement or do I need a signature?

The independent contractors are Real Estate agents.

Pavel Kolmogorov
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answered on Jan 6, 2025

You can incorporate your Independent Contractor Agreement into your CRM system, provided you adhere to electronic signature regulations. To ensure the agreement is legally enforceable, secure clear consent from your real estate agent contractors by adding straightforward "I Agree" options... View More

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Purchased a preowned Rolex from an established jewelry store. However, I believe it’s not authentic. What are my rights?

They have a no exchange, no return policy. Yet, I’m locked into a payment plan for 3-5 years. What should I do?

Shawn R. Jackson
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answered on Jan 2, 2025

Well, your next steps would be [1] to review your receipt to see if there are any disclaimers or notices that indicate that the jewelry store was not making any claims to authenticate the watch as genuine ... [2] then to gather evidence to support your case that you had a reasonable belief that the... View More

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Purchased a preowned Rolex from an established jewelry store. However, I believe it’s not authentic. What are my rights?

They have a no exchange, no return policy. Yet, I’m locked into a payment plan for 3-5 years. What should I do?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 7, 2025

I'd have it inspected by another jeweler to see if you are right.

I'd go back in to complain about this, with one or more witnesses, if you are right.

I'd politely seek a refund if you are right.

IF this all fails, contact an atty and figure out a way to PROVE...
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3 Answers | Asked in Business Formation, Business Law and Contracts for California on
Q: Business model legality and company formation?

I have a mobile app that shares sports betting predictions. there is no gambling in my mobile app. only predictions of the results of sports matches are shared only by me. users see these predictions as paid subscribers. for example the result of the LA lakers vs Boston Celtics NBA game, Boston... View More

Pavel Kolmogorov
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answered on Dec 19, 2024

The business model described, which involves sharing sports betting predictions and odds without facilitating actual betting or linking to gambling sites, may not fall under the definition of gambling in many jurisdictions. However, the legality can vary significantly by state.

In...
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2 Answers | Asked in Contracts, Real Estate Law and Small Claims for California on
Q: Is an offer made via email binding, if a subsequent paper agreement was executed with a term omitted.

Landlord: Michael Just to clarify you agree to move out tomorrow 11/8/24 if I return your prorated rent for the remainder of the month, and your security deposit after inspection of the room (as explained in the rental agreement), and you will not pursue legal action. Is that correct.

Me:... View More

Jonathan Kintzele
Jonathan Kintzele pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024

The subsequent agreement will govern, and you can likely be even more confident that this is the result by reviewing the subsequent agreement for an integration or "whole agreement" provision. This provision is likely to be in most formal agreements (this is more likely if attorneys... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: In a basic month to month rental agreement in California. Landlord has indemnification clause which is very unfair.

Is it legal for landlord to ask a new tenant to sign a rental agreement that is mostly protects the landlord and hold them free and harmless from any liability that might possibly happen while we occupy the premises.

Jonathan Kintzele
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answered on Nov 3, 2024

This answer depends on the specific language of the contract or lease itself, but I have provided an answer that I hope can help.

Whether the least act issue is enforceable comes down to the specific language, especially of the particular provision referenced.

First, the landlord...
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