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California Contracts Questions & Answers
1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for California on
Q: Can I sue a freelancer on upwork or just upwork?

Going through arbitration on Upwork for work not delivered by a freelancer. Just wondering, if the arbitration team decides to take the side of the freelancer - can I sue? Since that's supposed to be the final decision. I don't know the decision yet but I have substantiative proof that... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 2, 2023

No one can advise you about whether you can appeal the arbitration decision or otherwise sue without looking at the contract. However the best that can be done is say that usually arbitration agreements preclude any other form of legal action, and even appealing an arbitration award is very... Read more »

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: Best way to obtain compensation over $50k from corp landlord that filed UD against me, cross complaint or Civil suit

Los Angeles Ca

Jury Trial set in the next 48 hours. Trying to figure out how to obtain compensation for slumlord that is trying to evict me for "non payment" even though they were over paid, and after I contacted the city and county?

Compensation in cross/counter claim... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 31, 2023

To me, I'd hire an attorney, with that much money at stake and super fast, since you are saying trial is in two days???

2 Answers | Asked in Contracts and Employment Law for California on
Q: Contract states that I have to pay back relocation if I "leave" within 12 months. Does this apply to getting fired?

This is the sentence referring to my relocation fee is this:

"You will receive a $***** relocation bonus. In the event that you leave <Company> within 12 months of your hire date, you will be responsible for reimbursing the company for the entire bonus."

The... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 30, 2023

Contract interpretation is not as simple as you might think. Attorneys learn from early on that contract interpretation cannot be done in a vacuum. Not only should the entire contract be read and understood - not just a single provision - but the circumstances of the making of the agreement... Read more »

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1 Answer | Asked in Contracts for California on
Q: I have an MSA that i need reviewed and amended - can you help? This MSA is to work as a client with another company

We are an IT consulting services company and need to work with other service providers so we can use their resources (people) on our projects to serve our clients

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Jan 30, 2023

Your next steps would be to select two or three of the attorneys listed and request a free initial consultation by video call ... that way, you will have a better idea of your options and development strategies.

2 Answers | Asked in Contracts, Personal Injury and Small Claims for California on
Q: what type of lawyer would I need if I did a medical research study and was told wrong information about the study.

I was told wrong information about what I was participating in and had I known I would not have participated.

Dale S. Gribow
Dale S. Gribow
answered on Jan 24, 2023

YOU WANT A CIVIL LITIGATOR.

HOWEVER, THE ISSUE WILL BE DAMAGES.

YOU HAVE TO PROVE HOW YOU WERE DAMAGED BY THIS INCORRECT INFO.

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2 Answers | Asked in Contracts, Personal Injury and Small Claims for California on
Q: what type of lawyer would I need if I did a medical research study and was told wrong information about the study.

I was told wrong information about what I was participating in and had I known I would not have participated.

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 24, 2023

Before thinking about a lawyer consider the value of your claim. Lawyers are expensive and their fees may exceed the value of a potential recovery. Consider small claims court if the value of your claim is less than $10,000.

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1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for California on
Q: I need a lawyer who specializes in Federal Unlawful Termination cases. I was unlawfully terminated from a federal Agency

Are you prepared to represent me if I have an appeal denial from Office of Federal Operations, and my former federal employer did not abide by OPM RIF Guidelines? My Formal Complaint is for Age Discrimination, Contract Breach, and Numerous WARN Act violations. I was a 79 yr. old 10 pt. Disabled Vet... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 24, 2023

I am sorry but you misunderstand the nature of this Q&A board. This is not a place to ask an attorney to work for you. It would be inappropriate for any attorney to respond to your post with a desire to work for you.

You are going to have to locate and make contact with attorneys,...
Read more »

3 Answers | Asked in Contracts, Personal Injury and Business Law for California on
Q: Do I have any claims against the business even it states in a signed form that it is not liable for the injury?

As I walking on the treadmill, I tried to tell a girl who used it wrongly and dangerously. The girl did not hear me as she put on the headphones. I did not notice the warning light. A few minutes later, I was panicked and stopped the machine which was wrong. I should have slowed down the machine... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 22, 2023

make an appt with a local PI lawyer who can review your contract.

they can't just say they do not have liability.............

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3 Answers | Asked in Contracts, Personal Injury and Business Law for California on
Q: Do I have any claims against the business even it states in a signed form that it is not liable for the injury?

As I walking on the treadmill, I tried to tell a girl who used it wrongly and dangerously. The girl did not hear me as she put on the headphones. I did not notice the warning light. A few minutes later, I was panicked and stopped the machine which was wrong. I should have slowed down the machine... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jan 23, 2023

I agree with Mr. Gribow. Consult a personal injury attorney who will review the contract you signed with the gym. If their machine was defective they cannot just tell you they're not liable. You usually cannot waive liability for their negligence or for a defective product.

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: recently signed a lease to rent a home. I am now dealing with this landlord that keeps asking for all of these fees.

recently signed a lease to rent a home. I am now dealing with this landlord that keeps asking for all of these fees. The fees were not stated on the lease and I have been finding out about them as I go. he First asked for a utilities fee and then a renters insurance and now he wants another payment... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 21, 2023

You should review the lease agreement thoroughly. If those fees are not started in the lease then the landlord has no grounds to make you pay them. Regarding your question about backing out of the lease and getting a refund, you should consult the lease as well because you may be in beach of... Read more »

1 Answer | Asked in Civil Litigation and Contracts for California on
Q: My furniture and personal items are being held by s moving company. They increased the moving cost from 3900. to 11,000.

Threatening to sell everything what can I do?I am not an attorney I’m looking for advice

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

I assume you signed some sort of contract, work order, or invoice with the moving company? You should review the terms of the agreement to see what it says. It would be best to have an attorney review it for you, but if you cannot afford an attorney, then try to figure out if there are any terms in... Read more »

1 Answer | Asked in Business Law and Contracts for California on
Q: If you buy a car from a dealer can he come onto your property without permission and take the car with no prior warning,

Or even attempting to collect his or her payment prior to taking it?

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

It depends. Did you pay in full for the car and receive a title in your name? If so, then I would say no. At that point the dealer is stealing a car. If you did not pay in full, but financed the car, and you stopped making payments, then possibly yes, the dealer can repossess the car for failure to... Read more »

1 Answer | Asked in Contracts for California on
Q: If liability of a car was released to me but the car is not in my possession and i don’t have a title do i own this car

In the state of California

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

The true owner of the vehicle is the individual who's name appears on the title. If your name is not on the title, then it is not your car. It doesn't even sound like you have possession of the vehicle, so I cannot see how you could be the owner of it. As you know, typically when a car is... Read more »

1 Answer | Asked in Landlord - Tenant and Contracts for California on
Q: Got evicted from my apartment because of domestic violence in the home and me being the victim I think it was wrong

The suspect has a restraining order and convicted with 3 felony charges and I don’t think it was right to be evicted because of someone else careless actions and terrorize my well being .

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

That sounds like an awful situation you were in and I am glad you have made progress to get away from the "suspect." The Landlord may be able to evict you if they had no connection to the suspect and depending on the reason that they evicted you. If it already went to court and you lost,... Read more »

1 Answer | Asked in Collections, Contracts and Construction Law for California on
Q: Can a home contractor cancel without notice, demand payment in three days, then send to collections during negotiations?

A contractor had two projects on a single dwelling home and only completed one. Attempts made to get the second done were either not answered, or appointments made only to be canceled, for four months after the first part was completed. When the issue was escalated to the contracting company... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

It sounds like there is still a possibility to negotiate a solution which will be most beneficial for both parties. If direct talks are not working, I would to the contractor that a mediation be used. If a resolution cannot be reached, each party has potential claims and only a thorough review... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: May Public Storage refuse me access just for stating my boyfriend was dead? He listed me on his contract to allow access

And I'm listed as his emergency contact.

How can they claim anything without facts?

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

I am sorry for your loss. If the space was rented by your boyfriend, they may require proof of authority as a successor (e.g. executor, administrator, trustee) to provide access. It may be that listing you on his contract is ineffective after he passes (like a power of attorney)--to be definite,... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Does the HOA board of directors have to have a meeting and vote in order to enforce the rules of that HOA?

Each unit is assigned 1 parking spot. Renters are using their designated parking spot to park their non-operational car and have created a 2nd “parking spot” to park their operating car. That 2nd “spot” blocks the path going in & out of the back gate creating a safety hazard and just... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

The HOA referred to creating or designating a "no parking area." This might be distinct from enforcing the existing rule of "one parking spot." If there is an applicable rule in place, a meeting and a vote is not required. Ask the mgmt company what they mean and why a vote is... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for California on
Q: Is it really illegal to sell a used car with open recalls?

I purchased a used 2021 Nissan SUV from a Lexus dealership. It had under 32,000 miles so I still had a transferable dealer warranty from Nissan. I’m currently at the Nissan dealership to get some service done on the car and two major open recalls popped up that are 4 months old. Passenger air bag... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 12, 2023

It is unlawful to sell a NEW car with an open recall. It is negligent, unfair, misleading and perhaps more depending on who said what and when, to sell a USED car with an open recall. In law school and "Judge" school, we learn that finding in favor of a contract being enforceable keeps... Read more »

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2 Answers | Asked in Contracts, Civil Rights, Domestic Violence and Landlord - Tenant for California on
Q: My ex is on my lease and is not paying for rent and moved out and won’t answer my calls or texts. What do I do?

I just want legal advice on how to evict him or make him pay half his share

Dale S. Gribow
Dale S. Gribow
answered on Jan 6, 2023

More info is needed, and it should be shared with a real estate, not a criminal attorney.

chances are you will need a lawsuit in small claims court.

if he had not moved out, you would also be looking into an unlawful detainer.............

this is NOT domestic violence in my opinion.

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2 Answers | Asked in Contracts, Civil Rights, Domestic Violence and Landlord - Tenant for California on
Q: My ex is on my lease and is not paying for rent and moved out and won’t answer my calls or texts. What do I do?

I just want legal advice on how to evict him or make him pay half his share

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

There is no good/easy way to make him pay half. It is the Landlord that has a right to collet rent; you have a right to contribution, but it is not worth pursuing against someone who moved out. If you want to keep the place without your ex, you can talk to your landlord about changing the lease... Read more »

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