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California Contracts Questions & Answers
1 Answer | Asked in Contracts for California on
Q: Can a mother disinherit her children if she lacks capacity? Also, is a will a type of contract?

A father left his will to his wife that states that she will get all of his money. He wished that she would divide their estate among their three kids. She later decided that she wanted to leave the entire estate to her new husband. She has cognitive issues and memory problems, forgetting simple... Read more »

Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

If he is deceased and she is still living; his will gave everything to her--it is now hers to do with as she pleases regardless of what he wanted. A will is a special sort of document called a testamentary instrument. It requires capacity, so cognitive issues raise questions about validity.... Read more »

1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Internet Law for California on
Q: I'm curious if I have any legal options to reclaim my deleted podcast from Spotify/Anchor or hold them accountable?

The company deleted my show with no explanation and I no longer have access to the platform to recover my content and redirect my show. I'm wondering what can be done here?

Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

The first step is to determine the reason for the deletions. There is a factual question to answer. Did they identify a breach of the terms of use? Are they correct? Was it simply an accidental deletion? Is the content recoverable by them, or is it simply lost? Contact their customer service and... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for California on
Q: How to get refund from a bad contractor Job

So we had three units of AC installed in our two-story condo by financing the cost through lender.

From very beginning we have had issue with the unit, which including leaking refrigerant inside every single unit, wrong wiring, etc. We have called the company and every time either nothing... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 3, 2020

Sorry about problems. Send contractor and lender a notice of rescission, the undoing of the contract, demand they remove units and refund all your money. Now, the real problem is that if you read your loan documents, the financing is probably not dependent on the job being done properly and you... Read more »

1 Answer | Asked in Contracts for California on
Q: I am currently in the middle of a lawsuit due to breech of contract on a sale of my home. House is owned by 2 parties.

Other party decided to back out of sale before escrow and refused an inspection of property. Can both of us be sued or can other party only be sued for there backing out. What are my options? What can I do?

Nathan Wirtschafter
Nathan Wirtschafter answered on Aug 2, 2020

If a seller breaches a residential real estate contract, the buyer may sue for damages or specific performance. A suit for damages is either for a specific amount set by the contract (liquidated damages) or for the actual amount of damages suffered, as calculated by statute. (Civil Code sections... Read more »

1 Answer | Asked in Contracts and Civil Litigation for California on
Q: Does the defendant's lawyer have to produce the evidence of the defendant consent per plaintiff's request in the court?

The lawyer filed for an extension for a defendant's answer in a civil process. Plaintiff requested the lawyer to produce a defendant's consent to act in that civil process. The lawyer failed and refused to produce it. Plaintiff suspects that the lawyer was not hired by defendant, but by... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 1, 2020

When an attorney files a document with the Court in a litigation they become the attorney of record unless they also file simultaneously a notice of limited representation. A plaintiff is not entitled to receive a "Defendant's consent" this is something that insurance companies can... Read more »

1 Answer | Asked in Contracts for California on
Q: I wouldn't allow a commissioner to hear my case. Exactly what are all of the forms do I need to file to explain why?

I have 10 days, I'm also concerned because he denied my motion as a recommendation and these Judges don't look past recommendations to even read cases.

Maurice Mandel II
Maurice Mandel II answered on Jul 30, 2020

Check the website for the court that your case is pending in. If there are forms, they will be on that website. A commissioner can be just as qualified as a judge to hear your case and often spends more time on your case than a judge does. The courts are very backlogged and if you decline the... Read more »

1 Answer | Asked in Contracts, Business Law and Employment Law for California on
Q: Can a sales organization change a commission plan after the time period for that plan has passed?

I work in sales. We had a commission and payment plan we all agreed to for Q2 (April-June). The month after they changed the commission plan because "too many people were doing poorly" however I was doing very well and now they have taken away everything I did in Q2 during COVID after... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 29, 2020

I had a case like this several years ago, but in that case, it was changed because the salesmen did so WELL! Sometimes these plans contain language saying that they can be unilaterally changed/discontinued at any time. That may not be an enforceable term of the contract. If you were paid the... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Does the landlord have to disclose the information of a death before the lease is signed and a payment is made?

My roommate and I signed a lease for an apartment and made our first payment, and once they received the payment, we were told about a death in the apartment in February of this year. We would like to know if this is illegal for them to disclose the information afterwards.

Maurice Mandel II
Maurice Mandel II answered on Jul 29, 2020

A LL has to disclose any condition of the premises that could pose a health hazard to the proposed occupants. if the death involved such a continuing health hazard, the LL would be legally obligated to disclose it to you. Otherwise, the LL does not have to say anything. But in your case the LL... Read more »

2 Answers | Asked in Collections, Contracts and Small Claims for California on
Q: I have a decently sized default judgement from a UD in Ca. Are there companies or attorneys who can help collect?

I have the UD, Writ of Execution (from 2013) and have tried to serve 2-3 banks years ago to see if this individual had money with those banks with no luck. Its been several years now and this POS has written another book (hes a complete fraud) but it looks like he has been making money. I think I... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

It sounds like you have some knowledge about how this process works. You are entitled to a judgment debtor exam, for which the most important part is the subpoena for his documents, all bank records, credit card records, any bills he has, records of ownership of any personal property worth more... Read more »

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1 Answer | Asked in Civil Litigation and Contracts for California on
Q: Can a company in California continue to bill you if they changed ownership and didnt have your consent to do so?

It was a gym membership

Tim Akpinar
Tim Akpinar answered on Jul 23, 2020

A California attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, such situations do arise when a company is sold to another. Their ability to continue billing you might be addressed in the membership agreement. If it is not expressly addressed, it's... Read more »

1 Answer | Asked in Contracts for California on
Q: Is a lease legal if amended, agreed to by all, initialed by one lessor and signed by all but lessor didn't keep a copy?

I have a lease that was amended, agreed upon by all and signed by the lessors. The lessors refused to take and revise lease but instead, gave the lessee the amended lease stating they didn't need a copy. I wouldn't sign it until the amendments were initialed but only one lessor was... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 21, 2020

It sounds like the lessor waived their rights to keep a copy and this is what the Judge found in small claims. The new, unsigned lease is not binding on you, and they could be trying to perpetrate a fraud on the Court by claiming they had that as a lease with you when you produce the one with... Read more »

1 Answer | Asked in Business Law and Contracts for California on
Q: I want to file a law suit or class action against Sprint for violation of contract & non valid 3rd party charges

I have almost every phone call legally recorded and can be used in court. I have stated at the beginning of each of these recordings, “ I need to inform you that this call is being recorded”. Each recording proves their admission of guilt and their consistency in lying to me. Every time I make... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 21, 2020

Sue them in small claims court. Organize your evidence into a notebook with tabs and an index. Write up a summary of what happened and have an accounting of all the over charges in a chart so the judge can read it easily.

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1 Answer | Asked in Civil Litigation, Contracts, Legal Malpractice and Real Estate Law for California on
Q: Can a paralegal sign a Proof of Service for someone else that served responses to the opposition and file them in court?

A Paralegal used her husband to serve legal documents to the opposing counsel days before a court appearance. Not an employee of the firm. Responses to motions were served to opposing counsel during after hours. The building was closed and according to the husband on the proof of service, he stated... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 20, 2020

A proof of service is signed under penalty of perjury, it must be signed by the person doing the actual service. Other than that there is no other requirement of status, like being an employee of a firm or paralegal service. If I were hearing this case I would postpone the hearing so the attorney... Read more »

1 Answer | Asked in Contracts and Construction Law for California on
Q: Can I be held to contract if it's underbid?

Independent sales person underbid a job, had customer sign our contract and collect deposit. I went out there to site survey it and realized the job was undersold and needed additional equipment and work that I'm not licensed to do. I'm an electrician, and they need stucco work for the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 19, 2020

Yes, he has a case, but you may have a defense. You are responsible for the contracts that your agents negotiate. But from what you say you may have the defense of Impossibility of performance, if you do not have the license to perform the job. You might also want to be sure that the contract is... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: can I break my lease due to cockroach issues? they spray my apartment 2 time and the issue is still going on.
Maurice Mandel II
Maurice Mandel II answered on Jul 19, 2020

Probably not. While a vermin or insect infestation can be considered in determining whether there the premises is "UNINHABITABLE" usually it requires more than a cockroach problem that can be handled with an exterminator, as frustrating and inconvenient as this can be. What you might... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Estate Planning for California on
Q: Victim of unlawful retaliatory eviction. All my fam stuff sent 2 dump. Spent 5yrs homeless on streets bc of it. Options?

I had sec 8. He sued me for back rent I didn't owe. Before we made it to court, his lawyer's office called to tell me they found documents proving my innocence and they were dropping the suit but landlord wanted me to pay his attorney fees anyway, I declined. Short time later, the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 17, 2020

Very sorry to hear you had to go through these problems. The problem that I have regarding what you describe is that there are limitations on how much you can delay on bringing an action based on most of these facts. Ordinary torts are 2 years, Fraud is 3 years. I am not aware of any statutes for... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for California on
Q: I really need an answer ASAP. I need to what I need to file to cross complaint the Plaintiff and add people to the case.

I submitted the CM-110.Its for a civil unlimited case; I also have the forms #PLD-C-00,CM-010. SUM-110, SUM-200a. And a motion pretty summarizing everything; why and how much I'm countering for, which i also that thought was my "cross". I am mailing the subpoena papers tomorrow also.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 15, 2020

Welcome to Civil Litigation. Apparently you sent in an Answer and CC at the same time, the Clerk accepted the Answer and bounced the CC and now you are stuck in wonderland. It happened to me once. The Clerk cannot file a CC after accepting and filing an Answer, without a court order, which means... Read more »

1 Answer | Asked in Contracts for California on
Q: Would a building repair requirement be considered different than a refurbishment, improvement and/or remodel?

We signed an "as is" provision within a lease amendment of a commercial building. The amendment was to add additional space to the original lease. In order to meet our business needs, we made remodeling improvements to the interior of additional space. As a result of the inspection... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 15, 2020

You should consult with a local attorney familiar with construction law and real estate. Sometimes when you remodel more than certain percentage of the total square footage of the premises you are then require to bring the entire structure up to code. This means that the premises might not have... Read more »

1 Answer | Asked in Contracts for California on
Q: Would a building repair requirement be considered different than a refurbishment, improvement and/or remodel?

This is related to a lease clause of a commercial building and the landlord is stating that he is not responsible for repairs to the building due to code violations because he disclaimed any financial responsibility for any "refurbishments", "improvements" and/or... Read more »

Nathan Wirtschafter
Nathan Wirtschafter answered on Jul 15, 2020

I'd like to know more about the lease. Leases typically specify that: (a) the property is not in violation of any building code, regulation or ordinance, and (b) that the landlord will maintain/repair the building as needed.

If the above-listed provisions exist, arguably, the...
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2 Answers | Asked in Consumer Law, Contracts, Products Liability and Legal Malpractice for California on
Q: Can I sue the place I bought my car from for falsifying the amount I paid for my down-payment?

I recently purchased a vehicle from a Chevrolet dealership in San Diego, CA. I had horrible credit at the time and was only able to be approved with a large down-payment, which I was able to make happen. The amount on the paperwork does not even closely reflect the $12,000 I put down. What can be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 10, 2020

If you can prove that you put down $12,000.00 just let them know and seek an adjustment to the documents. If they refuse to adjust, that's a problem for them. Good luck with it!

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