California Contracts Questions & Answers
Q: Wrote code for client as a independent software developer, without a written contract. Is the code I wrote legally mine?
Jason Brooks' answer
Absent a written agreement or other express understanding that the developer would be the owner of the code upon its creation (i.e. some type of work-for-hire language) then you have a good basis for claiming that ownership in the code never exchanged hands because you have not been compensated for your services. Therefore you are within your rights to deny them further use of your copyrighted material unless and until payment is rendered. With that said, to the extend that the code includes...
Absent a written agreement or other express understanding that the developer would be the owner of the code upon its creation (i.e. some type of work-for-hire language) then you have a good basis for claiming that ownership in the code never exchanged hands because you have not been compensated for your services. Therefore you are within your rights to deny them further use of your copyrighted material unless and until payment is rendered. With that said, to the extend that the code includes...
Q: Shareholder for my corporation withholding clients information. Can he do that?
1 Answer
| Asked
in
Banking, Civil Litigation and Contracts
for
California
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. This forum is not the place to seek free legal representation in ongoing cases, nor is it the place to ask complicated questions about specific situations requiring significant amounts of legal work. People in need of specific legal assistance should use the free resources available...
This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. This forum is not the place to seek free legal representation in ongoing cases, nor is it the place to ask complicated questions about specific situations requiring significant amounts of legal work. People in need of specific legal assistance should use the free resources available...
Q: I am joint owner with my nephew (age 54)of a family home. I want to sell, he doesn't. Can I gift him my half?
1 Answer
| Asked
in
Contracts, Real Estate Law and Tax Law
for
California
on
Answered on Apr 16, 2019
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
Yes, you can give your interest in the property to whomever you desire. However, you can also sue your nephew and probably force a sale that way. This might be the best way to sever ties with your nephew because the net amount of money received from the forced sale would then be divided equally between you and your nephew. Hire a lawyer.
Yes, you can give your interest in the property to whomever you desire. However, you can also sue your nephew and probably force a sale that way. This might be the best way to sever ties with your nephew because the net amount of money received from the forced sale would then be divided equally between you and your nephew. Hire a lawyer.
Q: Is the employer responsible for employee's damages for his rental unit leased under company name without permission?
Bruce Alexander Minnick's answer
1. If a former employee falsified a lease without permission from the owners of the corporation the corporation may have a viable cause of action--if the unauthorized act caused actual damage to the corporation.
2. If your S corporation's bank accounts have been levied it must have been the result of a lawsuit against the S corporation; and if that is true then the corporation--not you--must have been served with the summons and complaint.
1. If a former employee falsified a lease without permission from the owners of the corporation the corporation may have a viable cause of action--if the unauthorized act caused actual damage to the corporation.
2. If your S corporation's bank accounts have been levied it must have been the result of a lawsuit against the S corporation; and if that is true then the corporation--not you--must have been served with the summons and complaint.
Q: Cancelling a lease agreement.
1 Answer
| Asked
in
Business Law, Contracts, Real Estate Law and Landlord - Tenant
for
California
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
FYI, this is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.
FYI, this is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.
Q: Can I file small claims for other than just money?
Bruce Alexander Minnick's answer
If you cannot find the defendant then why not try seeking an order requiring defendant either to show up or show cause whey plaintiff is not entitled to keep the solar panels? It just might work...
If you cannot find the defendant then why not try seeking an order requiring defendant either to show up or show cause whey plaintiff is not entitled to keep the solar panels? It just might work...
Q: If you rent a mini storage unit and their hours of operation are 7 a.m. to 7 p.m. can they limit your time to 2 hours?
Thomas A. Grossman's answer
I don't see how the storage company can limit your time at all, unless there are too many people running around. It's your right to have time to spend in your storage unit.
I don't see how the storage company can limit your time at all, unless there are too many people running around. It's your right to have time to spend in your storage unit.
Q: My lawyer just quit on my case asking to dismiss without my consent
Thomas A. Grossman's answer
Your lawyer can ask the court to allow him to withdraw from the case. Usually, there must be grounds for that request. However, most attorneys simply state in their request to be relieved from the case that there are unresolvable differences between you and your lawyer. I suggest you find another lawyer.
Your lawyer can ask the court to allow him to withdraw from the case. Usually, there must be grounds for that request. However, most attorneys simply state in their request to be relieved from the case that there are unresolvable differences between you and your lawyer. I suggest you find another lawyer.
Q: background actor won't sign release form for video?
Thomas A. Grossman's answer
I practiced intellectual property law for several years. The general rule is that if a person in the background of a movie scene is unrecognizable, they probably cannot sue for anything. However, the company's promise to send him a contract complicates matters somewhat, and could come up in Court as question of fact. He could sue the company, but I don't think extras make a whole lot of money, so I don't think he would collect very much. I would offer him, or his attorney, a two or three...
I practiced intellectual property law for several years. The general rule is that if a person in the background of a movie scene is unrecognizable, they probably cannot sue for anything. However, the company's promise to send him a contract complicates matters somewhat, and could come up in Court as question of fact. He could sue the company, but I don't think extras make a whole lot of money, so I don't think he would collect very much. I would offer him, or his attorney, a two or three...
Q: Someone has made themselves my legal representative without informing me without my consent, what can I do about it?
3 Answers
| Asked
in
Civil Litigation, Contracts and Legal Malpractice
for
California
on
Answered on Apr 5, 2019
Answered on Apr 5, 2019
Kenneth Sisco's answer
There are obviously a lot of missing facts here. If you do not know the person who is "pretending" to represent you, your first call should be to the police. Your second call(s) should be to the person(s) who has been contacted by this "imposter." If you do know the person, you should ask that person by what authority, he or she presumes to represent you. Depending on the answer you may still need to call the police, or at least retain a lawyer, to make them stop.
There are obviously a lot of missing facts here. If you do not know the person who is "pretending" to represent you, your first call should be to the police. Your second call(s) should be to the person(s) who has been contacted by this "imposter." If you do know the person, you should ask that person by what authority, he or she presumes to represent you. Depending on the answer you may still need to call the police, or at least retain a lawyer, to make them stop.
Q: Can the seller change his mind after the loan funded and recorded with county?
Bruce Alexander Minnick's answer
I am not a California lawyer, but IMPO unless the seller can come up with a much better excuse for trying to back out of a fully funded and recorded real estate transaction in which he must have received a bunch of money, the law will not allow him to use his doctor's excuse.
I am not a California lawyer, but IMPO unless the seller can come up with a much better excuse for trying to back out of a fully funded and recorded real estate transaction in which he must have received a bunch of money, the law will not allow him to use his doctor's excuse.
Q: Can a text message be use as a promissory agreement.
Bruce Alexander Minnick's answer
Agreements to pay something owed do not have to be in writing to be enforced. Having promises in text messages makes the agreement stronger.
Agreements to pay something owed do not have to be in writing to be enforced. Having promises in text messages makes the agreement stronger.
Q: Can animal control take my dogs from private property, impound them and charge me and preform surgery if I dont consent?
1 Answer
| Asked
in
Animal / Dog Law, Contracts and Personal Injury
for
California
on
Answered on Apr 3, 2019
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
The county animal control shelter is doing its job protecting the entire community, as well as helping your dogs stay alive. They have been given extensive powers in doing so, powers which cannot be overturned without expensive litigation. As a homeless person you first concern should be you; unless you find a suitable home you may not ever see your two dogs again.
The county animal control shelter is doing its job protecting the entire community, as well as helping your dogs stay alive. They have been given extensive powers in doing so, powers which cannot be overturned without expensive litigation. As a homeless person you first concern should be you; unless you find a suitable home you may not ever see your two dogs again.
Q: Can I be charged a storage fee if I said I moving out on a Monday but did not come get my things until that weekend
Thomas A. Grossman's answer
While a minor cannot legally enter a contract in California until he is 18, any contract (including a verbal contract) would be void. However, since you are now 18 they can probably request that you pay some storage fees. I would bargain with them if they give you a hassle about it. Good Luck.
Tom Grossman
While a minor cannot legally enter a contract in California until he is 18, any contract (including a verbal contract) would be void. However, since you are now 18 they can probably request that you pay some storage fees. I would bargain with them if they give you a hassle about it. Good Luck.
Tom Grossman
Q: I took a title loan out on my car in December 2018. My car was registered in Florida and
1 Answer
| Asked
in
Consumer Law, Contracts and Business Law
for
California
on
Answered on Apr 1, 2019
Answered on Apr 1, 2019
Bruce Alexander Minnick's answer
The title loan company wants to register their lien on the title to your car so that you cannot sell the car without paying off their lien first. Think carefully about what you should do next.
The title loan company wants to register their lien on the title to your car so that you cannot sell the car without paying off their lien first. Think carefully about what you should do next.
Q: Is it legal for a business to send your credit report (copy or original) to a lender? Credit application is signed.
Bruce Alexander Minnick's answer
Unless you tell us who you are in this situation we cannot answer intelligently.
Unless you tell us who you are in this situation we cannot answer intelligently.
Q: My husband passed in 09 and I just found the paperwork for his flight school he paid $30Th. But had only started
2 Answers
| Asked
in
Consumer Law, Contracts and Collections
for
California
on
Answered on Mar 22, 2019
Answered on Mar 22, 2019
William John Light's answer
answers.justia.com/question/2019/03/19/my-husband-passed-away-in-2009-and-he-ha-497746
answers.justia.com/question/2019/03/19/my-husband-passed-away-in-2009-and-he-ha-497746
Q: My $$ is stuck bcuz attorney lied to trustee who sold my houseSays i hired her to collect SurplusFunds.I did NOT hire
1 Answer
| Asked
in
Business Law, Civil Litigation, Consumer Law and Contracts
for
California
on
Answered on Mar 20, 2019
Answered on Mar 20, 2019
Gerald Barry Dorfman's answer
If an attorney is claiming you owe them money for work you hired them for, but in fact they have never even been contacted by you and have done no work for you, that is a very serious matter. You certainly should consider a complaint to the State Bar of California. That process is not very quick, and is not very well suited to actually releasing any funds being held in the meantime. If the company is actually filing a court action, it is called an interpleader, and they should be depositing...
If an attorney is claiming you owe them money for work you hired them for, but in fact they have never even been contacted by you and have done no work for you, that is a very serious matter. You certainly should consider a complaint to the State Bar of California. That process is not very quick, and is not very well suited to actually releasing any funds being held in the meantime. If the company is actually filing a court action, it is called an interpleader, and they should be depositing...
Q: Can I sue a DRP repair shop for omitting replacement parts and tampering/flashing car computer and security system?
2 Answers
| Asked
in
Consumer Law, Contracts, Criminal Law and Mergers & Acquisitions
for
California
on
Answered on Mar 20, 2019
Answered on Mar 20, 2019
Dale S. Gribow's answer
MORE INFO NEEDED
YOU CAN SUE ANYONE AT any time FOR ANYTHING.
THE ISSUE IS USUALLY IS IT WORTH THE MONEY YOU WILL SPEND FOR LEGAL AND WHAT ARE THE CHANCES OF WINNING? AS A RULE, ONLY ACCIDENT CASES ARE HANDLED ON A CONTINGENCY. THUS A LAWYER WOULD ASK FOR MONEY TO PUT IN TRUST FOR THE CONSULTATION AND REPRESENTATION AND FILING AND EXPERTS ETC
DOES YOU HAVE AN EXPERT TO TESTIFY THAT IT WAS DONE INCORRECTLY AND THAT IS THE CAUSE OF YOUR PROBLEMS....?
MORE INFO NEEDED
YOU CAN SUE ANYONE AT any time FOR ANYTHING.
THE ISSUE IS USUALLY IS IT WORTH THE MONEY YOU WILL SPEND FOR LEGAL AND WHAT ARE THE CHANCES OF WINNING? AS A RULE, ONLY ACCIDENT CASES ARE HANDLED ON A CONTINGENCY. THUS A LAWYER WOULD ASK FOR MONEY TO PUT IN TRUST FOR THE CONSULTATION AND REPRESENTATION AND FILING AND EXPERTS ETC
DOES YOU HAVE AN EXPERT TO TESTIFY THAT IT WAS DONE INCORRECTLY AND THAT IS THE CAUSE OF YOUR PROBLEMS....?
Q: I am under contract to frame a house, the representative of the owners has asked me and my employees not to perform
Thomas A. Grossman's answer
I would speak to the representative of the owners and let him know that you must continue the work since you are under contract, or in the alternative the owners must provide you with a written statement that the owners are terminating your contract, and that you and your employees are not responsible for any delays or problems caused by the owners' breach of contract.
I would speak to the representative of the owners and let him know that you must continue the work since you are under contract, or in the alternative the owners must provide you with a written statement that the owners are terminating your contract, and that you and your employees are not responsible for any delays or problems caused by the owners' breach of contract.
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