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California Contracts Questions & Answers
1 Answer | Asked in Contracts and Business Law for California on
Q: I purchased used carbut I want to return it. Called me to resign contract. Can I return at this point

Sign used car no return, dealership says I need to come in resign contracts to lower monthly payment.

Yelena Gurevich
Yelena Gurevich answered on May 7, 2021

You cannot buy a car and then decide you want to return it. However, the dealer can sell you a car and if they cannot find you financing within 10 days, then they can ask for the car back and cancel the contract. The dealer cannot make you sign a new contract. So if you are in this position,... Read more »

1 Answer | Asked in Business Law and Contracts for California on
Q: My uncle is now homeless 3000 miles away, I paid up his storage unit here but the business refuses me access.

My uncle has become homeless for unknown reasons and we are trying to help him and secure his belongings here and there in Virginia. The storage unit here has been paid up for the next month by me, but they are now saying only an access code will allow me retrieve/document those items (some are art... Read more »

Donald M Barker
Donald M Barker answered on May 5, 2021

Call me. 949-278-3655

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Is there any legal action I can do since I haven’t received my money in almost a month???

I happened to sell my car to a dealer and i was supposed to get my money wired but my bank does not accept that and it’s been almost 1 month and it hasn’t gotten wired back to the account that sent it to me. I’m tired of waiting for my money I feel it shouldn’t take this long at all . They... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 5, 2021

Breaking this way down to basics:

You have an agreement to give them a car and for them to pay you.

They now have the car and the money, which is not OK.

You can be patient and hope this works out, but, that is not real likely.

You can get legal help....
Read more »

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: I just got an apt application approved and my girlfriend is on it with me. But she still has 3 months left on her lease

I want to make sure this isn't going to create any issues when signing the new lease. We are planning on just overlapping (her paying out the remains 3 months) her current lease because her current lease is cheaper because it is split between roommates she shares the apt with.

William Stanger
William Stanger answered on May 3, 2021

Overlapping on leases like this is very common. As long as she's paying the due rent on both properties, it shouldn't be an issue. It's risky to try to pay out the remaining months' rent in a lump sum, however. Usually, the lease language does not differentiate between rent... Read more »

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for California on
Q: Landlord ?: can I technically give “1 day leases” with 0 tenant/landlord obligations to have a gathering during covid?

Technically couldn’t I give unlimited leases just for one day to have all attendees be considered “household members”

William Stanger
William Stanger answered on May 3, 2021

The one day lease isn't the problem. A contract (including a lease) is not valid if it has zero obligations. You are also limited in the number of legal tenants to two per bedroom. Further, it seems likely that such a lease would be deemed to have an "illegal purpose" and be void... Read more »

1 Answer | Asked in Contracts and Collections for California on
Q: I was in a car accident, the physical therapy office sign a lien. Then sent me to collections. Do I have any recourse?
Leon Bayer
Leon Bayer answered on Apr 28, 2021

You owe them for treating you, UNLESS the contract says that payment is contingent on a successful recovery in a case against the party at fault for the accident.

2 Answers | Asked in Employment Discrimination, Employment Law and Contracts for California on
Q: I used to work for a flight school.My manager informed me that I could take flight lessons, build a balance & the owners

Would clear my balance for being an employee, just as I witnessed they did with other employees because this was one of the benefits working there. After a year of working there, I discovered my manager was stealing from the company so I informed the owners and they fired her. I stopped working... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 24, 2021

I suggest you do two things.

Consult with an attorney experienced in employment matters.

Contact the Labor Commissioner's office and ask for help getting your full pay and the benefits the employer promised you.

You can contact the Labor Commissioner's office by...
Read more »

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1 Answer | Asked in Contracts for California on
Q: Do you need to put your full legal name on contracts such as non disclosures?
Robert Alex Fleming
Robert Alex Fleming answered on Apr 22, 2021

You need to identify the person who is entering into a contract so when a problem arises, there is no doubt as to who agreed to what in the document. So make sure that whether including a second name, initial or neither, the name identifies you properly, as a party to the agreement.

1 Answer | Asked in Business Law, Contracts, Land Use & Zoning, Real Estate Law and Tax Law for California on
Q: My friend is interested in donating a piece of land to my nonprofit organization. How would we go about this?

Would he receive any benefits from this, tax write offs etc? Also he owes taxes on the property, I am willing to pay those off to make this happen. I plan to use this as a nonprofit headquarters, Art/Yoga/Event Space. Its already zoned for 4 residential structures

Robert Philip Cogan
Robert Philip Cogan answered on Apr 20, 2021

Real estate transfers and planning for the tax consequences are never do-it-yourself tasks. Tax benefits cannot be calculated without information about the property and the taxpayer. You say that you want a nonprofit HQ in a space zoned for residences. This by itself should be a red flag. If you do... Read more »

2 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: How to obtain a brick-and-mortar physical address in California?

We need a brick-and-mortar address for a business set up by us in the US (there might be more businesses in the future), whose CEO is working from home (currently in Ohio but soon to be in California).

For the new company, we tried already tried to register But the Secretary of State’s... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Apr 20, 2021

There are many ways an attorney can solve this problem for a business that is setting up in the US. I have done so many times. You can contact an attorney directly. However, Justia does not permit attorneys to enter into engagements through the Q&A page.

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2 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: How to obtain a brick-and-mortar physical address in California?

We need a brick-and-mortar address for a business set up by us in the US (there might be more businesses in the future), whose CEO is working from home (currently in Ohio but soon to be in California).

For the new company, we tried already tried to register But the Secretary of State’s... Read more »

Julie King
Julie King answered on Apr 20, 2021

You may be making this more complicated than it needs to be. Why can't you use your home address? Yes, it will be a public record, but it works. There are many solutions to this issue without you having to lease expensive office space that you will not be using. Best wishes!

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2 Answers | Asked in Bankruptcy, Contracts and Banking for California on
Q: Can my sugar daddy get me jailed knowing that I don't have control of his money.

I'm kinda stuck and confused on something. I'm trying to leave my sugar daddy but he is trying to get me jailed because he thinking I'm trying to steal from but what happens was he put money in my account about $4000 but the money he put in was fraudulent. I told he that the bank... Read more »

Timothy Denison
Timothy Denison answered on Apr 18, 2021

Go to the bank. Sign a fraud affidavit and tell them what you know and you should be fine. You haven’t committed any crime.

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1 Answer | Asked in Contracts for California on
Q: My father left me $135,000 in a trust in Illinois with an appointed trustee has not invested any of it....it's been

5years now...no attemps to invest or interet in my trust at,all. The,trustee collects. a monthly fee although he has never told me the.amount or sent me an invoicce...just takes it out of the trust money...

Can I sue him.for this?Can.I choose my OWN trustee?

Jackie Marie Howard
Jackie Marie Howard answered on Apr 9, 2021

If the trust is administered under Illinois law, you should seek counsel who is licensed in Illinois. This question is posted under the category for the State of California. Re-post for Illinois counsel.

1 Answer | Asked in Contracts, Mergers & Acquisitions and Real Estate Law for California on
Q: Can I revise my lease if ownership is changed?

I renewed my lease a month ago which goes into effect in two days. Today I was informed that ownership and management has changed as of today. All of the rent prices dropped significantly. Am I stuck for the next 15 months paying the higher rent which I signed or since there is new ownership can I... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Go see them and negotiate a change in your lease to upgrade your apartment or get a reduction. If they won't do it, sue in small claims for the difference over the term of the lease or see a local Tenant's rights attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Contracts and Business Law for California on
Q: I sigmed a stipulation for a default judgment. Next month i am retired and i cannot pay anymore. Any solution?
Julie King
Julie King answered on Mar 19, 2021

You have three choices: (1) you can call the company and see if they will restructure the debt, although they are not obligated to do so, since you already have a contract to repay; (2) do nothing and you will have a judgment entered on your credit records and will likely be subpoenaed to attend a... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: When can owner of a single member LLC sue personally against a 3rd party doing business with the LLC {not on behalf of}

Case: The sole member of an LLC filed a lawsuit in his individual name (as the plaintiff) against a company to sue them for contract fraud. The LLC owner was not aware that it could be a problem to file the suit in his name since he was personally financially injured and sees his LLC and himself as... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

Path of least resistance, if you cannot amend your complain to add a plaintiff? Dismiss and start over. If it is an LLC, they have to be represented by an attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Contracts, Civil Litigation and Collections for California on
Q: In relationship over 10 years during over time I've accumulated his debt of over $18,000 he promised to repay and share

a life together upon his release. When he got out he ghosted me. Do I have any legal grounds to stand on?

Theodore Allan Greene
Theodore Allan Greene answered on Mar 13, 2021

Sorry to hear about your experience. It's not quite clear what legal grounds you want to stand on. If you mean the debt... If you acquired the debt on your credit cards or loans in your name only then you are responsible. Did you get his promise to repay or share in writing? If so you could... Read more »

2 Answers | Asked in Estate Planning, Contracts and Probate for California on
Q: I gave my kids each 25% of my trust my mom put it in her will can I take it back from my kids

My mom asked each on of my brothers and sisters if we wanted to give our kids any shares of ours in the trust, before she passed away in 2003 I said yes so each one of my kids receive 25 % each month. My son I want to remove him from getting another penny out of my share he doesn't deserve it... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on Mar 12, 2021

Yes. It would be wise to consult with an experienced estate planning attorney, who would be able to advise you thoroughly, regarding the procedure and ramifications of omitting your son from your Estate.

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1 Answer | Asked in Animal / Dog Law, Civil Litigation and Contracts for California on
Q: Hello me and my wife are breeders in California and her friend trespassed and took our dog but didn’t sign the contract?

She is pregnant and worth 3500$ we need a lawyer ASAP!!! FYI I called the police they did nada and said it’s a civil matter!

William John Light
William John Light answered on Mar 12, 2021

Call the police and report a burglary/theft. That's a lot faster than a lawsuit.

1 Answer | Asked in Contracts for California on
Q: Can I go after my car finance company for not having my contract and wrong finance amount in there system

Can I go after my car finance company ..my car was a total loss in November 2020 my insurance did there part and paid My finance company what they owed so it left a balance to pay off 6,959 which my gap is trying to pay but My finance company does not have my contract on file and then they have... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 12, 2021

you need to contact a consumer protection attorney that has experience with debt collections and credit reporting issues. after a substantive consultation and review of the documents, the attorney may be able to answer your question.

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