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California Contracts Questions & Answers
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.

1 Answer | 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.

1 Answer | Asked in Contracts, Personal Injury and Real Estate Law for California on
Q: Can a court sign my name on a inter-spousal deed?

My home burned down in a fire, I am a joint tenant on the deed with my ex we had a post judgment in 2011 that we remained together after.

We never signed anything, he never submitted his financial or declaration of disclosure. We paid off both loans with first proceeds agreeing to split... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jul 22, 2021

Your question is a little hard to answer with the information provided. You should sit down in person (or by phone) with an attorney for a consultation where they can dive in deeper and get more facts. That should give you a good idea of what your options are. I would do this right away in case you... Read more »

1 Answer | Asked in Contracts, Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: 4th amendment violation by orange county sheriff's department several times after probation ended in 2012

I've been pulled over multiple times since 2012 being told I'm on probation, I'm on search and seizure and then go to jail for new cases . Now finding out orbeing told by the public defender who called over to the courts who confirmed I've been off probation (this is at central... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 9, 2021

more info needed.

most defendants know how long probation is going to be OR they call their lawyer to find out.

you were in front of the judge when s/he sentenced you and before that, your lawyer told you what the sentence would be if you pled.......AND you probably signed a paper...
Read more »

Q: What document should I use for my blog?

It would be great to have a document for guest writers, regular contributors, and anyone that submits anything to my site (written or media) to allow me and my website to publish their name and work on the site. What kind of document do I need? A consent form, an agreement, or something with a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 5, 2021

You need a contract where they license or give you the rights to their content.

Consult with an attorney.

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for California on
Q: My father n law gifted me a car now has taken it away from me I have no bill of sale

I do have 2 witnesses and now no car

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 30, 2021

A gift is a gift. Without title it may be hard to prove and obviously suing within family is rarely a good thing. Good luck with it...

1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for California on
Q: I received part of the settlement and the attorney has yet to get a hold of me what do I do?

My house burnt down my husband got an attorney they even worked with me into getting a settlement. My husband signed a paper saying that I was to get part of the settlement that his attorneys made him sign. And he already got paid his settlement I have tried to get ahold of the attorneys they will... Read more »

Julie King
Julie King answered on Jun 27, 2021

I would send the law firm a letter by certified mail (so you can prove they received it) saying both your lawyer and you have called the firm on multiple occasions, yet never received a response. Then say something like: this is your final notice that I want the settlement money owed to me and, if... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for California on
Q: Can a dealership sell me a car with no title and had me pay to have smog passed fraudulently?

I bought a used car from a dealership 6 months ago. I received the temporary registration application from dealer and registration application says I need to get the car smogged. I go to a local smog check and the car fails due to the Cadillac converter being tampered with(serial #’s were... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jun 25, 2021

no, a dealer cannot sell you a vehicle without having title or having it smogged. You need to speak with an auto fraud attorney that will review all your paperwork and facts in detail and go over your options.

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability, Contracts and Small Claims for California on
Q: I bought a truck at auction, paid $4200, drove 10 miles, it caught fire, total loss. Can I be compensated?

I was not burned but suffered smoke inhalation. I had the truck for one hour. An auction employee drove the truck to the front of the lot for me to take delivery. I was told it was driveable. The Fire Dept had to come put out the fire.

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

Sorry to hear that. Virtually every auction I've ever seen has a disclaimer both on the bidding number issuance paper and on the bill of sale that says that you buy it, you take any and all risks, that the auctioneer doesn't test or examine the vehicles and makes absolutely no guarantee... Read more »

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1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Probate for California on
Q: Have I been disinherited for not having a conditioned set in Trust at the time it was created or can fulfill now?

My Grandparents made their Living Trust in 1993 while my Mom and I were living in Iran. In their Trust they Place a condition that my Mom has to leave Iran and become a permanent US residence before getting equal share, further it instructs no distribution to be made to children of my Mom who are... Read more »

Julie King
Julie King answered on Jun 15, 2021

Unfortunately, the only way to answer your question is to read the trust. Taking a few lines out of a lengthy document is not enough information for lawyers to give their thoughts and impressions because certain terms will be defined in your document and using a different definition will change the... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Is this illegal?? I'm attempting to rent a condo with a "watered down house hacking" idea.

I want to house hack (buy a property, live in it, rent out the other rooms to pay expenses, cash flow, live for free, etc.) But living in soCal I can't do that yet. So, I was thinking what if I find a 3bd condo, find 2 roommates, furnish the shared spaces with my furniture, bring my Wi-fi... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jun 7, 2021

The enterprise you are suggesting is a sublease. It is done on different scales from residential real estate, to large retail establishments. I suggest you find a model residential sublease or two on the internet, and read through the legalese, while keeping in mind that every problem the sublease... Read more »

4 Answers | Asked in Bankruptcy, Contracts, Workers' Compensation and Public Benefits for California on
Q: I am the vendor in a bankruptcy case and the pay out was to commence on 2021/25/05, and the judge approved my paperwork.

Sent in claims paperwork and it was accepted and the asking of the funds was on the 25th to cover the prior court date asking amount.

Tristan Brown
Tristan Brown answered on Jun 3, 2021

Hello,

Given the information provided, I am unable to determine what information you are seeking. Please provide some additional information if you are seeking an answer or solution on this forum.

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6 Answers | Asked in Bankruptcy and Contracts for California on
Q: What if a defendant files for personal or biz bankruptcy before making all the payments of a settlement payment plan?

This is if both the defendant and attached business are named in the settlement. There would be a stipulation for entry of judgment attached to the settlement. The concern is the defendant defaulting and possibly filing bankruptcy prior to making payments.

Tristan Brown
Tristan Brown answered on May 31, 2021

More information is needed to determine how a bankruptcy may affect the settlement.

Once the defendant files for bankruptcy, whether it be personal or business bankruptcy, an automatic stay is generally issued. The automatic stay may legally prevent you from enforcing the settlement or...
Read more »

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1 Answer | Asked in Estate Planning, Probate, Contracts and Real Estate Law for California on
Q: Can a person file probate lost will claim 10 years after they used same false documents in 2011 only to fail to show up

But took all assets and disappeared. Now back with same will after i paid off house and filed in blind behind my back duing lock down virus

Julie King
Julie King answered on May 26, 2021

It is difficult to know how to respond to your question without more information. Certainly, if someone has falsified a document and used it in court, there is no way a judge would allow the document to be used UNLESS no one testified or proved that the document was fake. On a different point, if... Read more »

3 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: Can I sue for monetary compensation?

I cosigned a car loan for a friend. He defaulted the car loan and the bank handed the loan to a collection agency. I had to declare bankruptcy which destroyed my once stellar credit score. As a result I'm strained financially and am still recovering my credit score. I am unable to get any... Read more »

Tristan Brown
Tristan Brown answered on May 22, 2021

In general, a co-signor agrees to share liability for a debt with the co-debtor. A default by a co-debtor is often considered a default by the co-signor as well.

Did your friend use your information to apply for the loan without your consent? Did you willingly co-sign for your friend?...
Read more »

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1 Answer | Asked in Contracts, Products Liability and Intellectual Property for California on
Q: I would like to know how to contact an Inventor with whom i have invested money with

I have not seen or heard from him in years and I've been trying to find him

Tim Akpinar
Tim Akpinar answered on May 21, 2021

A California attorney could advise best, but your question remains open for four weeks. There are the usually ways you probably are already aware of, in terms of online research tools. You could speak with an investigator. Some full-service process serving companies hold themselves for such work.... Read more »

1 Answer | Asked in Products Liability, Consumer Law and Contracts for California on
Q: Purchased vehicle sans title, 11/28/20 dealr convince me was coming mail, tags title never came.

Dealer is blaming the DMV for no tags...it's getting an obvious lie. Dealer puts me off his tag title company and him leave me stranded with expired tags and have excuses "it's Covid" and "it's a gov van".

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2021

Seller must, by law, deliver "marketable title." Failure to do so is actionable. Contact the DMV Investigations unit and open an inquiry. Also, seek out a consumer protection attorney for more input.

1 Answer | Asked in Contracts and Small Claims for California on
Q: What can i do with my landscaper for him to finish my backyard? Keep saying he will come but he doesn’t show up.

Almost 2 months already,still unfinished. Probably the cost left to be done is less than $2000 and that is still a lot of money to us.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on May 21, 2021

A couple of initial questions ... [1] is the landscaper a licensed contractor ... [2] do you have a signed agreement for services ... [3] you will want to schedule a video call with at least two attorneys of your choice to discuss the next steps in the resolution process.

1 Answer | Asked in Business Law, Contracts and Entertainment / Sports for California on
Q: Do I need an entertainment lawyer or a business lawyer?

I have a lot of intellectual property claims I would like to file.

I have businesses I would like to create.

I would like to know the legalities of them.

I want to find someone who is willing to work for a percentage.

Julie King
Julie King answered on May 17, 2021

You would be best served hiring a law firm that has both intellectual property attorneys and business attorneys. If your business involves entertainment, then you may need an entertainment lawyer as well. But most business questions can be answered by a business attorney. Best wishes.

1 Answer | Asked in Child Custody, Contracts, Immigration Law and Appeals / Appellate Law for California on
Q: I found out that my old friends mom is using me as a reason to get custody over her daughter. Is this legal?

She thinks I’m a bad influence because she made assumptions about me. I haven’t hung out with her daughter in over a year or even gone to their house in two. She thinks that her dad will let me hang out with her but her dad and step mom hate me to.

Kevin L Dixler
Kevin L Dixler answered on May 7, 2021

How is this an immigration question? It seems like a matter that involves child custody. You may have rights, but may lose them if this is your child.

I strongly recommend an appointment with a competent California domestic relations attorney that handles child custody issues. Good luck!

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