They refuse to offer any sort of compensation as well as require me to pay my freight bill above the hard costs I incurred and said I needed to take them to court. I'm trying to figure out what other options I have, and not sure how to find a lawyer, if I have a case, etc. I have submitted a... Read more »
You can take them to court. If your claim is up to $10,000 you can go to small claims court. The filing fee is low and lawyers do not take part. You can "Google" California Superior Court. The court website has tutorial information and guidance. It is a more direct to way go after money.
I accidentally signed a new refuse service contract while still being under contract at another company. Due to termination fees, I am trying to have the new refuse service contract voided, as we were already contracted elsewhere. Are there any ways I can have this contract voided? Initial... Read more »
A California attorney could best address your question, but it remains open for two weeks. As a general matter, without regard to jurisdiction, a second contract entered into under such circumstances is not generally voided as a matter of the operation of contract law. You could consult with a... Read more »
After working for the company for a few years they required us to sign a non-compete. I was paid a small amount extra as consideration. In 2015 I got a promotion and they moved me to California. The company is headquartered in KS and I am employed in California. Does that invalidate the non-compete?
Obviously, the terms of the agreement, and the circumstances surrounding it, will be the biggest factors in evaluating its enforceability. However, non compete agreements, especially in California are difficult to enforce.
I just found out that my grandmother had dementia and can't remember much. I recently learned that my grandma had put her house in my mom's name. Her son Ronnie (my sperm donor), his girlfriend and my uncle Tim are all living under her roof and haven't taken her to a hospital in fear of losing... Read more »
You can go to the local county recorder's office and look up the deed and obtain a copy by paying a copy fee per page. If you are unable to do that, you can hire almost any real estate paralegal or attorney to obtain a copy for you. Some real estate agents have the ability to do this as well.... Read more »
A licensed contractor sent unlicensed tile installers, (1099 employees, not W-2 employees), to install our kitchen floor. The job was $1,500 plus materials. He claims that since they were "employees," and covered under their workmans comp, they did not need to be licensed. Is this true?
Homeowner With Question On Licensure: Your thinking about licensed subcontractors is mostly correct (nicely done !). A contractor or subcontractor may perform ANY TYPE OF WORK without a license so long as the whole of the work is LESS THAN $500.00 (the "PennySaver" advertisement type of... Read more »
My estranged father passed away and left a will & trust stating to divide his estate up equally between his 5 children. None of his children had contact with him for over 15 years. He had a large sum of money piled up in various investments that no one knew about. The Trustee, who is also a... Read more »
As a beneficiary of the trust, you are definitely entitled to a copy of the trust and to regular accountings from the trustee. If that is not happening, hire an attorney to send a stern demand letter to the trustee. If the trustee does not straighten up within a reasonable time after demand is... Read more »
My parents were divorced and the house was moms. Father remarried another woman ten years ago . Hes claiming to be a widow his wife is alive and thats a lie. I am my mothers only child and rightful heir to her estate . My because my mom signed my grant deed to transfer my home to me and I found... Read more »
Was your grant deed ever filed with the County Recorder? If your deed is valid, then you need to have it recorded in order to show the world that you have clear title, and that your father does not.
When the title company goes to complete any transaction that your father makes, they will... Read more »
My mother died my father said her trust had disinherited me I asked him for proof of this and he said I was not entitled to see it. He then produced a a contract offering a $10000 payout and a monthly payment of $2400 for the remainder of his life if I make no claims against her trust estate or... Read more »
You WERE entitled to see the trust and you should have pursued that at the time. That said, because facts were actively concealed from you , yes, you might be able to get your agreement set aside and take whatever was owed you under the trust instead. Contact a local trust litigation attorney for... Read more »
My company is an LLC & it operates in Europe / European Union.
Have a contract between the EU company & a US one for outsourced development & programming.
I also have signed an NDA / NCA, but for my name & as an employee of the US company (title: "Employee Confidentiality and... Read more »
You need to take your agreement to an attorney familiar with non-compete and non-disclosures to get specific confidential advice. There is no where near enough information in your post to provide you with much helpful guidance.
Generally a non-compete provision is unenforceable in... Read more »
signed agreement: singer ".... authorizes others to use my name, voice and likeness in connection with the production [...] Producer..” (me) “...is the sole owner of all rights in and to the picture and all elements thereof, including photography and recordings of my voice and likeness. [...]... Read more »
It would be necessary to read the agreement in order to understand the deal between the parties. It may seem "fair" for a producer to have the right to use audio, but the rights are determined by the agreement.
It is difficult for an individual to achieve a desired outcome when dealing with... Read more »
I am an occupant at an apartment on a month to month lease. The lease holder cannot pay her share of rent and is a extremely negligent of the place, she wont report damages in fear of receiving an eviction notice. She is constantly breaking the rules of the lease. I pay for half of the apartment... Read more »
Talk to the landlord about this situation. Unless I miss my guess, your former roommate cannot just leave and let her boyfriend move in--because his name is NOT on the lease. Your landlord will know what to do.
My mother died recently and my father claims she left me nothing. She gave me a signed copy of her California statutory will under the portion Balance of Assets she signed in the box I leave nothing to my spouse all to my decedents. As well as me as the executor. As well as a letter explaining that... Read more »
Under California Probate Code section 16061.5 the trustee has to provide all the heirs and beneficiaries a copy of the Trust. You should demand a copy in writing and if he refuses then it is time to go see a judge.
I invested in a UK company. The founder claimed that he was shutting down the company. Next thing I know, he goes to the US and restarts the company. Now the company is successful and is operating strongly in the US. Do I have any grounds for a lawsuit? He did not give me any compensation, new... Read more »
It might be possible to bring an action against the founder. The facts must be examined by an attorney to see if they support bringing an action in the United States rather than in the UK. The facts must be examined to see if the founder committed any improper activities. The range of possibilities... Read more »
We told the financier that we did not want the optional add-on and he said we couldn't do anything about it that it was already on the car and he made us sign. We told him we did not want the alarm but still came out on the contract that he charged us for it. I got home and I read that the add-on... Read more »
Read this list: https://consumerwiki.dca.ca.gov/wiki/index.php/Consumer_Transactions_With_Statutory_Contract_Cancellation_Rights
If a law firm employee has admitted in court to forging my signature on a fee agreement of terms that were 4 times higher than what I agreed to in the actual fee agreement....do I sue the employee or the attorney?
The court did order all fees (over $30k be refunded to me) but that still... Read more »
If a law firm forged your signature, then a complaint to the State Bar is warranted. It is possible that the law firm is responsible for your damages, i.e., what you lost as a direct result of the fraud. That would include the principal, interest, and potentially emotional distress. It does not... Read more »
The above mentioned transactions are large. Trade Credit Insurance is needed to finance supply chain, shipping etc. The contracts are in need of legal overview.
Is there legal assistance for these large transactions on a per transaction basis?
Frankly, I would be surprised to find an attorney who is interested in transactional work, who works on an hourly fee basis, who would not jump at the chance to take work on a contract by contract basis.
. I found two errors after the fact, i.e , 1 paragraph, the defendant was accidentally named plaintiff and another paragraph states in part "plantiff had never received from X party" It should read "other" party. Will this effect verified complaint? Do i need to amend?
No one can predict whether or how errors in the complaint will affect your case. If a jury thinks that the errors are material, it can affect your credibility, since you swore that the complaint was true.
You can file an amended verified complaint once, as a matter of right (no court... Read more »
I was in an auto accident 7/5/19 by someone who has Alliance United car insurance. They have 798 reviews on Yelp with 1 star. They totaled my 06 Acura TL that had little damage to its front end. The guy policy limit was $5000 and my car value was $7,800. I decided not to sue and told them to send... Read more »
To determine if your car is a Total Loss, you must follow the Total Loss Formula.
Total Loss Formula (in California) is Cost of Repairs + Salvage Value ≥ Actual Cash Value.
Salvage value is typically 25% of the Actual Cash Value (but each insurance company uses its own percentage,... Read more »
12 HI contracts with 1 GC 10 paid in full due to how progress payments worded Only 3 HIC completed 65% work don 85% of total balance paid Arranging financing for 1/2 of 15% left but now have preliminary lien notice from subcontractor & want to hold back 10% of total balance until resolved & all... Read more »
Dear Owner Requesting Advice on Retention Payment issue: While I am adept at advising owners in a construction setting, your question as stated is probably not capable of reply in this limited forum until more information is obtained. Critically, an attorney would definitely need to review the... Read more »
FYI: Most written contracts are intentionally written because the parties want the contract to be "binding."
There is no such thing as a "partially binding" contract-- unless there is a term in it that says it is "partially binding." I hope that clears things up for you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
