Lawyers, Answer Questions  & Get Points Log In
California Contracts Questions & Answers
1 Answer | Asked in Contracts for California on
Q: I am being ask to sign a consent of heirs form in someone else loan/option to buy contract on a loan they are taking out

This person & I been living as husband & wife for 19 yrs. Together for 20 yrs. He inherited the building 10 yrs ago free & clear. He fail to follow through with marriage as promise with an engagement ring from the start 19 yrs ago. A breakup looms in the future. I am Medicare/Med-cal & I would... Read more »

Jason Brooks
Jason Brooks answered on Dec 15, 2019

This is a very complicated issue which requires significantly more in depth analysis and review than can/should be provided in a free Q&A forum such as this. I would strongly advise you seek counsel from an estate attorney.

1 Answer | Asked in Contracts and Employment Law for California on
Q: I have my own LLC as an independent sales broker. The company I broker sales thru, wants to make me a W2 employee.

They claim I could be liable for back payroll taxes even though I have a pass-through LLC. Is their claim correct? My position is that only the company I broker with is liable.

Neil Pedersen
Neil Pedersen answered on Dec 15, 2019

The law related to independent contractor vs. employee has tightened up and many employers are prudently going completely away from using independent contractors. If that is what the employer wants, your choice is to go with it or not work with them.

Having a pass through LLC is only one...
Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for California on
Q: If you maintain the claim of Ownership to a home that is NAMED by other in deed.How can you prove that you have right
Nina Whitehurst
Nina Whitehurst answered on Dec 7, 2019

You hire an attorney to file a quiet title action (court case) for you. This state of affairs usually is the result of having failed to hire an attorney when you acquired your interest. That would have been cheap. The quiet title action is going to be way more expensive. Preventing problems is... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Mergers & Acquisitions for California on
Q: My company just merged. Does the new company that formed have to honor my contract ?

My contract states I will be provided a free health plan or stipend towards another plan. The newly formed company is not providing this and rates have gone up to over 2K a year. Does my new employer have to honor my contract if they are not firing me or providing a new contract for me to sign?... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 4, 2019

Your post is not entirely clear about your relationship with this company, nor does the post have additional information needed to provide a clear, reliable answer. Assuming you are an employee, and not an independent contractor, when your employer sells to another company, such that you are now... Read more »

1 Answer | Asked in Business Law and Contracts for California on
Q: I contacted a business I like to ask if I can buy shares of their company.They emailed me back 2forms but I know diddly

How can I understand what these two forms are for and what I do with them? I don't want to ask the person that send them to me bcuz they'll know I have NO CLUE what I'm doing or what I'm getting into. I want to buy shares anyways and hopefully learn as I go without loosing out right away. Any help... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Dec 3, 2019

The first step is to set up the initial free consultation via video call with reviewing the documents on screen. You will want to "interview" at least three business attorneys who have both business ownership experience and expertise in such matters. Shawn Jackson - Business Development Attorney

1 Answer | Asked in Contracts and Criminal Law for California on
Q: can I pay an adult actress for an unfilmed audition with a signed release, or is that considered prostitution?
Dale S. Gribow
Dale S. Gribow answered on Dec 1, 2019

sure sounds like prostitution. but understand your argument.

i would not post things like this on a public forum as it is discoverable by the DA......thus suggesting you knew you were going to break the law.

1 Answer | Asked in Contracts for California on
Q: My father in law signed a dental contract payment loan and no longer wants the work done . Can he get out of the loan?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 26, 2019

Lawyers do not ever try to advise strangers asking legal questions for other strangers. Get your father-in-law to come here and ask.

1 Answer | Asked in Contracts, Business Formation, Health Care Law and Mergers & Acquisitions for California on
Q: How do you ensure equal profit and sharing of profit of a PC and an aesthetician? Are there options to allow this In CA

Trying to form a corporation in CA with a medical director owning majority shadows but not working, a PA doing all fillers and Botox and the goal is to allow the esthetician to profit share or share hold to ensure equality. She is bringing in the majority of patients (over 300) and if we expand and... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You need to speak to a lawyer in person about this, because this can't be addressed in a simple Q&A format. The big problem here is that there are rules that govern doctors and how they can form medical partnerships. There may be a way of accomplishing your objectives, but it may need to take a... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: The Light Fixture Fell Down From An Apartment Just Rent In September

The light fixture just fell from an apartment that we just rent. Luckily, no one got injured. But, we, as college students, still felt that this incident was very dangerous. However, the leasing office response was "everything could happen." The argue point was that we signed the contract only two... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 17, 2019

First take pictures and videos. Second, write a letter to LL and explain all that happened and ask manager to fix the problems. Best of luck.

1 Answer | Asked in Contracts for California on
Q: I need legal service drafting a sales/purchase agreement. Can you handle this service? Regards Kevin Cullinan
Tim Akpinar
Tim Akpinar answered on Nov 14, 2019

This is only a basic question & answer board. That's probably why the post remained open for three weeks. If you are still seeking an attorney, it might be quicker to simply approach attorneys on the site (under Find a Lawyer), conduct an independent search on your own, or look into the resources... Read more »

1 Answer | Asked in Contracts and Construction Law for California on
Q: Construction: Can a client require a materials/ Labor breakdown before issueing payment on a signed contract?

We submitted billing for a partial contract amount, waited for two months only to find out that the general contractor is requireing us to submit a materials/ labor breakdown. This was not stated in the initial signed contract and in my opinion is a breach of what I consider to be trade secrets.

George W. Wolff Esq.
George W. Wolff Esq. answered on Nov 14, 2019

Normally if you have a fixed price contract, the other party cannot ask to see your labor and material costs.

The contract you have might require this, or require a list of your subcontractors, so please review your contract in detail or have legal counsel do so.

1 Answer | Asked in Contracts and Business Law for California on
Q: My LLC has contract (signed in CA) w/ MX state agency to manage CA-based nonprofit. Contract says court jurisdiction =MX

CA-based nonprofit (MCEP) has not paid me $9000.00 for off-contract work, authrozied by CA-based MCEP (not Mexico-based IPAM), via PoA. Can I file suit to collect in CA, rather than Mexico? Looks like I cannot file in small claims court, because of my LLC, but in LA County Superior Court. But... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 10, 2019

California courts will generally enforce forum selection clauses if the contract has a reasonable connection to the forum. The bigger problem here that California doesn't have any power to enforce a judgment (jurisdiction) over a Mexican state agency.

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for California on
Q: my student loan holder keeps telling me they have never received my income-contingent repayment plan

I've sent it to them 8 times. They keep telling me they have never received it, as a result, the amount keeps going up. Is there anything I can do about this as it has been going on for over a year now.

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 10, 2019

If you are sending it to them by mail, you may want to consider sending it by certified mail. Then you will get a receipt sent back to you showing that it has been delivered.

View More Answers

1 Answer | Asked in Contracts, Estate Planning, Personal Injury and Antitrust for California on
Q: I lacked capacity but quit claim my 4homes and am homeless. how do I void this?damage is incalculable.
Nina Whitehurst
Nina Whitehurst answered on Nov 9, 2019

Contact the Legal Aid Foundation of Los Angeles, https://lafla.org/, 800-399-4529. They might be able to help you.

2 Answers | Asked in Contracts and Employment Law for California on
Q: Hi, I have a severance agreement that's pretty simple & I just want a review of it.
Neil Pedersen
Neil Pedersen answered on Oct 30, 2019

Good idea. This is not the place to ask an attorney to work for you. You need to reach out to attorneys who do that kind of work to find one you wish to work with. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers... Read more »

View More Answers

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: I need to get out of time share contact, they haven't keep the stipulations on the contract. What kind of lawyer I need?

The company's name is Welk's resort.

Michael Hales
Michael Hales answered on Oct 30, 2019

I'm sorry that you're in this position. From what you've stated, it sounds like the timeshare company has breached some of their obligations under the contract. I would definitely recommend speaking with an attorney familiar with timeshares. If you and your attorney need any information, please... Read more »

2 Answers | Asked in Land Use & Zoning, Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Do you have same rights as a renter, if you are offered Free Rent in exchange for labor fixing the house up?

Ive been offered a house Free Rent just to fix it up. It has a lot wrong with it. Needs toilet, tub put in, new electrical box, trees trimmed, trash cleaned up cause homeless have been coming and going. All kinds of things. I was told that even after everything is fixed I could stay there rent free... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 30, 2019

I see this pattern a lot in my business. Here is some advice to protect you. write a contract for a nominal rent. Have the landlady agree that you will charge market fees and that she will pay for all supplies.

Each month tally your work and then deduct the nominal rent. If there is a...
Read more »

View More Answers

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for California on
Q: Can my roommate sue me if I pack up and leave and refuse to pay rent?

My roommate for the past 3.5 months has been harassing me, and refuses to release me from the lease. She stands outside my room when I am home, pushes my door open, enters my room without permission when I am away ( I have footage), tells me I can no longer use her furniture (couch, table, trash... Read more »

William Earl Winfield
William Earl Winfield answered on Oct 29, 2019

Yes, your roommate (co-signer on the lease) could sue you for breaching your obligations under the lease. You would have a defense that your co-signer made it impossible for you to stay. You might win. Whoever wins may recover attorney's fees. It would be in everyone's best interest to make a... Read more »

1 Answer | Asked in Contracts and Employment Law for California on
Q: Hello my position in my company was terminated and I was laid off without receiving the commissions I earned. Case?

I received a call right before I was going to work letting me know that my final check I’ll arrive in the mail and when I was looking at the pay they only put hours worked and not my commission earned. Commission earned was written in the employee start manual

Neil Pedersen
Neil Pedersen answered on Oct 22, 2019

First, you should have been provided with your final check on the day you were terminated. A willful failure to pay that final check on time will give you a right to waiting time penalties equal to one day of pay for each day you are made to wait for your final check.

Second, a review of...
Read more »

1 Answer | Asked in Estate Planning, Contracts, Antitrust and Probate for California on
Q: Would you challenge" integrity ""Legality" and "Un-natural"creation of a Living Trust if the following events applied?

1. Father was very successful quadriplegic who planned his estate thru a will.

2. Had a tragic accident that put him in a coma for 8 wks r.Then incapacitated by doctors reports thereafter.

3. Mom knew that his will would not pass his estate to her only 1/3 of his wealth

4... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 20, 2019

This is quite evidently a highly fact-specific situation, which is not suitable for this forum, which is for questions of a general information.

In any event, there are critical facts missing from your narrative that could change the answer 180 degrees. Your best bet is to schedule a...
Read more »

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.