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California Contracts Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: If a complaint with California Department of Insurance had been filed, will this toll the contractual statutory

period of an home insurance company ?

Neil Anapol
Neil Anapol answered on Oct 12, 2021

Filing a complaint with the California Department of Insurance does not toll the contractual statute of limitations. However, the contractual statute of limitations is tolled during the time the claim is open. Therefore, the statute begins to run when the event triggering the claim occurs. It is... Read more »

2 Answers | Asked in Contracts and Admiralty / Maritime for California on
Q: I paid $12,000 to a broker for sailboat. I am now being told that the boat is for sale “as is” by owner” is this legal?

i was never given a contract from the broker. I have a text message that I sent him and that he responded with an on “ok”. Later when I asked him to respond about some undisclosed issues that were later identified, the “broker” told me that he actually owned the boat (lie). And that it... Read more »

Masoud Jahani
Masoud Jahani answered on Oct 11, 2021


There is not enough information to answer your question, so I ask few questions below.

Most used boats are sold “as is”, and the buyer usually buys subject to inspection.

If you’ve gone through a broker did they mention to you if you wanted an inspection done on...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Family Law for California on
Q: I guaranteed a student loan for my nephew. He has a job/can pay for it but chooses not to. Do I have any legal remedie

I got pressured into signing the student loan as a guarantor bec my brother, his dad, did not have the FICO score to get the loan thru. Now, there has been a family fight and my brother's wife is trying to get back to me by telling her son NOT to pay for the student loan so that I will end up... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 5, 2021

i thought small claims was still $10k.

even if you go there and win, what happens if he does not adhere to court ruling...........?

it will continue to affect your credit rating

1 Answer | Asked in Contracts and Employment Law for California on
Q: 3 years ago i took this guy i was working for to small clams i was going to be awarded 21000 but he never showed up and

Nothing has happened since then?

Neil Pedersen
Neil Pedersen answered on Oct 3, 2021

First, small claims jurisdiction does not allow for a claim as high as $21,000. If you brought a claim that was higher than the jurisdictional amount, the most the court could have awarded to you would be the jurisdictional limit.

Second, if you appeared and he did not, you should have won...
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1 Answer | Asked in Contracts and Employment Law for California on
Q: How can I have an attorney review my contract?

It is just one sentence, and does not have anything about breach of contract nor what would happen if I quit before the 2 years. That is why I do not know if it is even a real contract? Literally just one sentence that says I committed to grow in the company for two more years for a raise $2.... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 1, 2021

You locate and seek a consultation. You will probably have to pay a fee to compensate the attorney for his or her time.

A contract can be a single sentence, or it does not even have to be in writing.

It would likely be helpful for you to locate and consult with an experienced...
Read more »

2 Answers | Asked in Contracts and Employment Law for California on
Q: Is my 2 year employment contract valid? Or am I able to quit my job?

My manager said she was only able to give me a $2 raise if I sign a 2-year contract. I had signed this contract which only states “I committed to grow with San Diego Gastroenterology Medical Associates. I have agreed to stay on board for another two years and in exchange for that commitment will... Read more »

Brad S Kane
Brad S Kane answered on Sep 28, 2021

You can quit, but you may be responsible for your employer's damages. Since you contracted with your employer to receive a $2.00 per hour pay increase in exchange for working for 2 years, your employer could potentially bring a breach of contract claim against you for damages. Your employer... Read more »

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1 Answer | Asked in Legal Malpractice, Contracts, Copyright and Criminal Law for California on
Q: If I reveal that I saved sensitive info my boss wanted gone, what are the legal ramifications?

I may or may not have a copy of sensitive information (I work in security) which my boss asked me to delete completely. If I reveal publicly that I have this information, what should I expect to happen from a legal standpoint?

Dale S. Gribow
Dale S. Gribow answered on Sep 25, 2021

more info is needed.

I suspect you had a Federal job and signed an agreement when employed, that you don't want to violate.

I am not a Federal Criminal Lawyer, but I would bet that disclosing the info would be a criminal offense, and could lead to your arrest and prosecution....
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Can my ex roommate sue me?

my roommate wants to take me to court for rent. So as far as i know when you pay rent it's for the upcoming month right? Well i paid at the end of June which means i paid to stay in the apartment in July. And in August i moved out and got my name off the lease. I did let them know in the... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

Generally you would pay for the upcoming month, yes. Obviously every contract can be different though, so it would depend on when you originally paid and what the deal was. What does the tenant agreement say? When does the specific month-to-month start/stop? (oftentimes it's the first of... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: When is it possible to get out of or dissolve a signed contract?

I only lived in an apartment for 1 day before deciding to move out. I signed the contract regarding security deposits but I think it's unfair that I don't get at least a portion of it back because I lived there for such a short amount. Additionally, the house owner breached verbal... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

If you signed the lease for the month and there was no official foul play, then you are committed to paying for the month, regardless of how long you decided to live in the apartment. The landlord has committed that month and has no duty to replace your monthly contract.

In regards to...
Read more »

1 Answer | Asked in Civil Litigation, Contracts, Gov & Administrative Law and Landlord - Tenant for California on
Q: What to do If my old landlord violates/breach of court orderd contract from his obligations to give me good reference

I have multiple recorded violations/breach of contract from x-landlord.I obtain them from homeowners/property managers who were considering me for tendency but was turned down because of my x landlords malicious/false bad referrals which he was court ordered not to give. I'm homeless/living in... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

There's several pieces to this. First off, you mention that he was "court-ordered not to give", which would imply there's already been a case and judgment on him in regards to his recorded breaches prior to you moving out? If so, then the discussion would be on your issue... Read more »

2 Answers | Asked in Contracts and Admiralty / Maritime for California on
Q: So I did some work on a boat and the lady didn't pay the full Bill she gave me a portion and told me that's all I get

I have pictures witnesses of the whole ordeal

Tim Akpinar
Tim Akpinar answered on Sep 13, 2021

Vessel repairs could create the basis for a maritime lien. You could reach out to a California attorney to review the matter to determine what the best course of action would be. In some cases, such matters are handled as contract actions under state law. An attorney who reviewed the file should be... Read more »

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1 Answer | Asked in Contracts, Personal Injury, Insurance Defense and Small Claims for California on
Q: If loaner company knew I had a nonowners insurance policy does that mean they are held liable for any damage done tocar

They didn’t offer additional coverage, knew I had nonowners & loaned a vehicle. Vehicle was damaged & nonowner policy won’t cover it saying they should’ve never let me drive away with it. Am I responsible for the damages to the car? Or are they because of negligent entrustment?

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Normally "negligent entrustment" is when someone entrusts property to a third person who then injures you. Claiming to be the incompetent person to whom the property was entrusted is an interesting legal theory but it may not fly in court. You don't say how the car was damaged.

2 Answers | Asked in Contracts for California on
Q: Hello so I recently bought a puppy from a foundation and a week later returned him because I couldn’t keep it anymore

The contract I signed doesn’t say anything about not getting my money back. The lady in charge of the refunds says she can’t refund me the money back. Can I sue her?

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

As my colleague points out, this case would turn on what the company's policy and contract states about refunds. You're not entitled to one just because you want to return it. Some states do require a 3 day refund for "buyer's remorse", but a week later would not qualify... Read more »

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1 Answer | Asked in Contracts for California on
Q: I co-signed a carlease and the person who drives it has missed a payment. Can I take the car away from them?

I go-signed on a lease to help a friend. They have been driving it for one year and I was just notified on my credit that they missed a payment. Can I go take the car the continue the payments

Aaron Michael Lloyd
Aaron Michael Lloyd answered on Aug 16, 2021

Who is the vehicle registered to? Do you want out of the lease entirely or do you want to stay on the lease and just get them to make the payments on time? I would suggest to schedule a phone consultation in order to discuss this further and examine your best options.

2 Answers | Asked in Business Law, Contracts and Intellectual Property for California on
Q: If a consulting contract was breached by the client seriously, do I need a ruling to determine it is material?

A client five years ago not only breached a contract by refusing to pay a significant portion of invoices, but also failed to honor several terms such as patenting the work himself without credit or consideration, was destructive to several professional relationships, caused distress, and more.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 14, 2021

Check statute of limitations.

Depending on how long the contract has been paused, that may be a termination of the contract.

Consult with an attorney.

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1 Answer | Asked in Business Law, Contracts and Intellectual Property for California on
Q: Should I respond to an old client who had not paid invoices and just resurfaced offering to pay? Or best via a lawyer?

This was a startup company. The president was a very difficult scheming person to deal with. He paid the majority of my invoices to him early but later on in the relationship did not, and when I ceased work irately criticized me. He claimed he did not have the money to pay me but paid patent... Read more »

Yelena Gurevich
Yelena Gurevich answered on Aug 14, 2021

You say it's 5 years later. in California, you have 4 years to enforce (i.e. sue on) a breach of written contract. Since you did not sue him within the statute of limitations, you have no legal way to collect. So if he's offering to pay you, take the money and run. You can spend money... Read more »

1 Answer | Asked in Business Formation and Contracts for California on
Q: How can I create a Partnership Agreement for our start up company.

I am creating a Limited liability Partnership Agreement for a start up business. I need help with jurisdiction and whether or not the sum of 500 dollars a month is in line with federal minimum wage laws.In addition to what the value of cash is insofar as the establishment, development and branding... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Aug 9, 2021

As you probably already know, the basis for any successful business is a clear and cogent "agreement" between the founding members or partners. In an LLC or an LLP, such "agreement" would be embraced within an Operating Agreement ... which outlines management responsibilities... Read more »

1 Answer | Asked in Business Law, Contracts and Collections for California on
Q: I am a consulting engineer and have a client with a nearly 40000 debt. We have a contract but he isn't paying. Input?

This person has paid about 40% of multiple other invoices over multiple years of off and on consulting from 2016-2019. His payments became less frequent and consistent. He repeatedly promises to pay then does not. This debt is under a contract and is now about two years old. I have attempted... Read more »

Leon Bayer
Leon Bayer answered on Aug 6, 2021

You need to decide, right now, if this justifies the expense of hiring a lawyer. Time is your enemy. The longer you wait you might lose the right to sue. Go see a lawyer or 2 and see what you will need to spend, and discuss whether a judgment in your favor will be collectable.

1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Consumer Law for California on
Q: Can a person who sells her auctioneer services conduct business and hold auctions if the company isn't bonded by the sos

If she cannot legally provide or sell her services to another because she isn't properly bonded, then wouldn't any auctions she's held be illegal to do and void any contracts between her and the buyers of said illegal (fraudulent) auctions?

Leon Bayer
Leon Bayer answered on Jul 30, 2021

This sounds like a matter of government regulation. That would be between her and state licensing agency. She will likely face a fine. It should not affect the validity of the auction sales.

2 Answers | Asked in Consumer Law, Contracts, Personal Injury and Banking for California on
Q: My checking account was cleared by the bank of nearly $9,000.00 for a debt that is not mine. The bank will not return $.

Debt belongs to ex husband. Debt was granted and incurred post divorce by 2 years. Divorced 2015, his alleged debt was applied for in 2017 and (per the ex) . Both myself and my ex have tried prior to this to remove his name from the account but WF gave us a terrible time and couldn’t figure it... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jul 26, 2021

You need to call and speak to a lawyer right away. This is not something you can resolve by posting on this forum. You will likely need to hire an attorney to have this resolved.

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