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I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More 
answered on Sep 13, 2024
What you describe is not the typical type of case that most attorneys will take on a contingency basis (at least from my experience). For something like this, I would charge an hourly rate to serve a demand letter and/or litigate the matter and whatever is recovered at the end would be yours.... View More
I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More
answered on Sep 13, 2024
Like Mr. Stoddard suggest, finding an attorney to take this case on a contingency basis will be very, very difficult, at best. Attorneys take cases on a contingency basis when they are 99% convinced of success, a huge profit and the judgment is immediately paid in full. An attorney cannot afford to... View More
Small business gets loan, guaranteed by third party guarantor, for startup and early operations with the understanding that the loan would be repaid from cashflow. That borrower is then unexpectedly subjected to illegal actions (ultimately formally found to be so by court) that render its business... View More
answered on Sep 11, 2024
If the borrower is no longer responsible for his obligations under terms of the loan agreement it is likely the guarantor would also be released her obligations. Without knowing what "illegal actions" means a definitive answer is impossible. If the borrower committed a criminal act and... View More
My main water line within my property lines broke. I filed a claim with my home warranty to cover the damages. They state that the damage isn't covered as it's not within their Covered Items (this is correct). However, their contract also states that leaks within the Covered Home are... View More
answered on Sep 9, 2024
I would not attempt to interpret the contract without seeing the contract. However, home warranty contracts are not considered to be insurance. Therefore, there is no such thing as an action for bad faith against a home warranty company. At most, you could sue for the cost of the repair.... View More
Sister on drugs (lifetime), homeless by choice (brain permanently damaged - drugs). Mom helped her spend her inheritance from father (now deceased) to buy a home for her and her kids. State took her kids from her (due to drugs and mental issues), and she "ran away" from her house to be... View More
answered on Sep 6, 2024
You'd need to become her conservator. Conservatorships have notice and other requirements to be sure someone isn't "railroading" a relative and becoming a conservator just so they can steal the disabled person's assets. I'm NOT saying that is what you are doing.... View More
I currently have a contract where I normally call out Jurisdiction in the USA (our contracts with distributors are both domestic and international). I have seen contracts call out Jurisdiction in Delaware (where our company is incorporated) or Santa Clara (where we are operating). Do you have a... View More
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answered on Sep 8, 2024
CHOICE OF LAW: First ask what law is most beneficial to my position, in the event of a dispute or lawsuit. As a California lawyer I usually pick California and Orange County as jurisdiction and venue, importantly I pick choice of law either for my entire contract interpretation, non contract... View More
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answered on Jul 26, 2024
To determine if you can use the Dow Chemical Company bond due in 2008, dated March 2, 1978, it's important to consider its current status and authenticity under California law. If the bond is not back-signed and you only have the certificate number, this could impact its validity and your... View More
Hi, I purchased a car June 29th with no title. However the seller gave me smog certificate, DMV Bill Of sale Signed, & a dmv title replacement form filled out. I went to AAA to try and get the vehicle title transferred with all the paperwork I have minus the title. They tell me that the car is... View More
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answered on Jul 24, 2024
In your situation, the first step is to contact the seller again and request the proof of lien release from CarMax. Make it clear that you need this document to proceed with the title transfer and registration. If the seller is unresponsive, you might consider sending a formal written request via... View More
I enrolled at BloomTech in January 2023, committing to a $35k tuition deferment plan, paying only after securing a job. Despite completing 50% of the web development course, the support drastically reduced due to layoffs. Career coaches and learning assistants were replaced by ChatGPT suggestions,... View More
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answered on Jul 23, 2024
To address your situation with BloomTech and the financially binding contract, you should consider consulting an attorney who handles consumer protection or contract law. These legal professionals can help you understand your rights and explore options for exiting the agreement based on the... View More
I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The... View More
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answered on Jul 21, 2024
The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing... View More
I need legal advice on a potential predatory lending and unlawful repossession issue. Four years ago, I bought a car, and the lender changed due to the original lender going out of business. The new lender engaged in what I believe were predatory practices, including repossessing my car at 2 AM... View More
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answered on Jul 19, 2024
You have a complex and distressing situation involving potential predatory lending and unlawful repossession. Under California law, you may have several legal avenues to explore. The repossession without notice and the unconventional payment demands may constitute violations of your rights under... View More
answered on Jul 6, 2024
If you're not a party to the contract, and don't have a stake in the matter, then the answer could be "no." The court could determine that you don't have standing to sue.
But since you're asking this question, it's a safe bet that you are a party to the... View More
“ You are not a tenant at the apartment. It’s not my apartment I do not live there and you stayin there is not allowed. I am not a tenant and you are not one either there was no rental agreement between us and you are in MY apartment against my wishes. This is an unlawful occupation of my... View More
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answered on Jul 1, 2024
Based on the information provided, there are several important points to consider:
1. Tenancy status:
Despite not having a written lease agreement, you may still be considered a tenant under California law. If you've been living in the apartment for over 6 months and paying... View More
Landlord is charging me for a new stove when it's operable, but has scratches from normal use. They said their repair guy says it needs to be replaced because it's a fire hazard, but no proof. Their explanation was the finish being damaged and the burners being grease. All issues can be... View More
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answered on Jun 30, 2024
Based on the information provided, there are several aspects to consider in this security deposit dispute:
1. Normal wear and tear: In California, landlords cannot charge tenants for normal wear and tear. Scratches from normal use on a stove that's at least a few years old would likely... View More
All of this was done with out my consent they were open and selling illegally this weekend. Sheriff refused to help me. Rent past due since May 2024.
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answered on Jun 30, 2024
I understand you're dealing with a complex legal situation involving evicted tenants, licensing issues, and overdue rent. Let me break down the key points and provide some general guidance.
1. Eviction status: You mention "evicted tenants," but it's not clear if the... View More
We are pro per plaintiffs who were successful in obtaining a significant award in a civil unlimited case. Defendants were unsuccessful in post-trial motions, so they filed an appeal from judgement and another from post-trial order. Defendants are represented by a large and aggressive firm, who has... View More
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answered on Jun 29, 2024
Based on the information provided, here's my analysis of your situation:
1. Preemptive Opposition:
In general, it is possible to file a preemptive opposition to an anticipated motion. However, this is not a common practice and may not be the most effective strategy. Courts... View More
In exchange, they get . 75% of my Social Security income. I developed mental problems in 2023 which were later diagnosed as vascular dementia due to bleeding in my brain. To make a long story shorter, I was plopped in Clearwater at Glendora, where I have lived for slightly over a year. There is... View More
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answered on Jun 29, 2024
Thank you for sharing your situation. This is a complex legal matter involving elder law, contracts, and medical issues. Here's an overview of the key points and some general guidance:
1. Breaking the covenant:
To break the agreement with Masonic Homes, you'll likely need... View More
Hello,
I need advice on a potential lease-to-own arrangement. I invested in a person who can’t pay me back. He owns several properties but has low equity (around 25%). I’m considering renting the properties from him, making the mortgage payments directly to the bank, and taking... View More
answered on Jun 29, 2024
Thank you for your question!
You need an attorney to draft a lease agreement for you to protect your rights. If you are paying directly to the bank, you do not have to worry about the landlord's defaults.
You need to record the lease in the country recorder to protect your... View More
Hello,
I need advice on a potential lease-to-own arrangement. I invested in a person who can’t pay me back. He owns several properties but has low equity (around 25%). I’m considering renting the properties from him, making the mortgage payments directly to the bank, and taking... View More
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answered on Jun 29, 2024
Here's an overview of the key considerations for your proposed lease-to-own arrangement:
Legal feasibility:
This type of arrangement is generally legally possible in California, but would need to be carefully structured. You'd likely use a combination of a lease agreement... View More
When purchasing a car at auto dealership, I asked if the car had any issues. I purchased the car with the understanding that it was a good car with no issues, it would last me a long time. Sales person mislead me to believe it was a deal and at the time signing contract he was involved with the... View More
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answered on Jun 29, 2024
This situation involves several potential legal issues related to consumer protection and auto sales. Here's an overview of the key points and potential legal considerations:
1. Misrepresentation of vehicle condition:
If the dealership knowingly misrepresented the condition of... View More
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