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California Contracts Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Business Law and Contracts for California on
Q: I am looking for assistance regarding my competitor impacting my small business in an unfair way

the competitor's business offers a completely different service than what mine offers, but secretly created advertisement to steal our clients and offer our services in their establishment without proper licensing. i need to bring this issue up to my landlord to address the conflict of... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

I don't see a question in here, however, unless you have an agreement not to compete you don't likely have a claim against a competitor business. If you have proof that the other business is lying in its advertising, you may have a false advertising/unfair business practices claim.

1 Answer | Asked in Contracts for California on
Q: I want to sue Trilogy education. I attended cybersecurity boot camp and the advisor guaranteed me a job on recordedline

The agreement said it did not guarantee job placement, but my advisor said I would get a job after graduation on recorded line. He told me their calls are recorded each time for legal/quality purposes so manager can go back and listen if they need to.

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

If the written contract says no guarantee of job placement, and there's an integration clause (one that says "this is the final agreement between the parties. Any other representations, either oral or written, are not part of the agreement" or words to that effect, then you have no... Read more »

1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for California on
Q: union-assigned atty really did sabotage case as a favor... doesn't newly found evidence get around a timing limitation?

Mandamus atty & I expect current discovery to show that union-assigned atty (likely at the bosses' direction) did favors for a County dept in the way my case was handled (intentional sabotage). We don't know whether the favor requests went thru the union, but it is possible. The... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 23, 2022

This is a question best answered by your present attorney who can better understand the factual and legal basis for your claims.

That said, the statute of limitations usually is not tolled (i.e., put on hold) by a failure to find evidence, nor is it usually opened again by the discovery of...
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1 Answer | Asked in Contracts and Employment Discrimination for California on
Q: union assigned atty & duty to fair representation & proof of collusion/favors discovered outside of timing statute

<< Mandamus atty & I expect current discovery to show that union-assigned atty (likely at the bosses' direction) did favors for a County dept in the way my case was handled (intentional sabotage). We don't know whether the favor requests went thru the union, but it is possible.... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 23, 2022

This is a question best answered by your present attorney who can better understand the factual and legal basis for your claims.

That said, the statute of limitations usually is not tolled (i.e., put on hold) by a failure to find evidence, nor is it usually opened again by the discovery of...
Read more »

1 Answer | Asked in Contracts and Employment Law for California on
Q: I quit my job and they expect me to sign a NDA. Am I obligated to sign if the handbook I signed when I started said so?

The NDA is very broad, and has no time limit and includes some heavy language regarding financial recovery. I'm in a creative field that basically experience (and being able to talk about it) is really important. I'm concerned this will severely limit me in the future. As it is they... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 22, 2022

Once terminated you cannot be compelled to sign anything. If they wanted you covered by an NDA they should have had you sign one as a condition of your employment. A handbook statement is not a binding contract that can be enforced by breach of contract or specific performance remedies.... Read more »

2 Answers | Asked in Contracts, Employment Law and Cannabis & Marijuana Law for California on
Q: Asked to sign a lease on a car to be a courier by my employer said he would make the payments and pay 125 on insurance

Received lease and it makes me responsible for the monthly payments and insurance and a monthly maintenance fee of .10 a mile. And asked me to pay 250.deposit and 99.00 transfer fee due at signing and he would pay registration but bill me at the end of the year no where does it say he will make the... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 22, 2022

Your employer has the legal duty to pay for any expenses you incur on behalf of your employer. However, the procedure used by your employer is very sketchy and could leave you exposed to lease payments, and other expenses associated with ownership of the vehicle, after your employment ends. As... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for California on
Q: Horses at my so called friends house she went and bought hay

My friend ( so I thought) said I could keep my horses at her house. I told her I would provide hay I just need a day in advance notice. Well she never said a word to me and went and bought 10 bales of hay and wants me to pay her for them or she won't let me remove my horses. She knows that I... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 16, 2022

You have not asked a question, but, I'll pass on some thoughts:

a- You need to move your horses asap

b- IF you have to pay $180.00 to do it, you should

c- if you are not happy after paying it and getting your horses, you can then sue, if you want.

d- as a human...
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4 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Legal Malpractice for California on
Q: What course of action do I have against an attorney that I believe is guilty of negligence and misrepresentation?

I entered in to a contract that was prepared by an attorney for my step father. I was to be paid $30,000 out of escrow for the sale of my mothers home. I fulfilled my obligations for the contract. The home sold and I was told there was no money left due to a lien. I later found out from the title... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 11, 2022

CONTACT A LOCAL LEGAL MALPRACTICE LAWYER TO SEE IF THEY THINK THERE IS A CAUSE OF ACTION FOR NEGLIGENCE.

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1 Answer | Asked in Contracts, Copyright, Employment Law and Intellectual Property for California on
Q: Can I show designs I created under an NDA to another group within the same company?

As an engineering intern for a company, I designed things that cannot be shown to the public. After completing my internship, I kept my final presentation for my personal records -- I've never shown it to anyone outside the company and don't plan on doing so. Now, I am interviewing at the... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 8, 2022

First, this question is showing up on a California part of the site, but the information about you suggests you are in Indiana. Unless licensed in Indiana, a California attorney cannot ethically answer your question. If you are in Indiana you will need to direct this to attorneys in your state.... Read more »

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Storage is confinscated

I rented a storage unit yesterday, paid $165 it’s paid thru April 3. today I was locked out and my stuff is being kept unless I pay $689.00 because of a unit I rented that was sent to collections 18 years ago. Is this legal?

Leon Bayer
Leon Bayer
answered on Mar 6, 2022

It is not legal what they are doing. The statute of limitations on that contract and any warehouse lien expired more than a decade ago. They are in breach of your new contract, guilty of conversion, fraud, and in violation of the covenant of good faith and fair dealing. They would have been within... Read more »

3 Answers | Asked in Contracts and Employment Law for California on
Q: Need solicitation/compete contract advice for directly hiring photographer as an employee, not a contractor.

Inquiry is for a photography LLC business in Bakersfield, CA. I am only interested in these contracts during the time the employee is employed and not extending beyond their employment at all.

1. I want my company to have first dibs on posting the images taken on duty for X amount of time... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 24, 2022

While non-compete and non-solicitation of customer clauses are unlawful and therefore unenforceable in California related to activities of a former employee, there is nothing unlawful about restricting a present employee from doing anything that would be contrary to the interests of their employer... Read more »

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1 Answer | Asked in Contracts and Legal Malpractice for California on
Q: How can I get my money back from a lawyer that I paid pay off my credit cards. He has over $10,000.00 of mine in trust

It’s in a trust fund. I paid this lawyer off early. I signed agreement for 4 1/2 years. They would never settle my debt. I have sent letters email and faxed him. That I want stop his program but won’t give my money back. This has been paid in full for 21/2 year. I have even called him and says... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Feb 20, 2022

Small Claims Court ... get a judgement ... then execute on the judgement ... Let me know if a free consultation would be helpbul

1 Answer | Asked in Contracts and Arbitration / Mediation Law for California on
Q: Judge\ORDERING MEMORANDUM submitted by Petitioner TO BE FILED AND PROCESSED

WHAT DOES THAT MEAN

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2022

A California attorney could answer best, but your question remains open for four weeks. It isn't fully clear what this involves - it is posted under Arbitration/Mediation but mentions a judge and filing & processing. If this is a court hearing, it could be any number of things - a... Read more »

1 Answer | Asked in Contracts, Copyright and Admiralty / Maritime for California on
Q: I need information about adverse possession please give me a call the phone number
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2022

Your post covers Admiralty/Maritime together with Adverse Possession. Unless you're talking about seizure/arrest of a ship or boat, it's possible this could be closer to a real estate matter than a maritime law matter. If this involves real property (in the form of land, not vessels), you... Read more »

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can a Company request for Payback for incorrect/double payment after signing Mutual Release Agreement

Signed a Contract for a Vehicle Purchase - but was double charged for it , and requested refund of additional payment which was reimbursed after a long time.

In the meantime the Vehicle had some issues - which the company settled by making me sign a Mutual Release agreement - that absolves... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 17, 2022

Like many contracts and releases, it really comes down to the specific wording of the document. They can always threaten to sue, or even file a lawsuit, but to understand whether their action is realistic you need an attorney to review the documents.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for California on
Q: Does cashing a check from my Ca contractor that says paid in full means I can’t go after for the rest of the funds

They are now out of business and the check is good as of today and I wanted to cash this before going after the rest of funds

Julie King
Julie King
answered on Feb 15, 2022

Yes, cashing a check marked "payment in full" or similar language constitutes the settlement of a claim under California law. If they are out of business, the only way you'll get the rest of your money is to speak with a litigation attorney to see if there is a way to sue the... Read more »

2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for California on
Q: Sued for breach of loan contract. Want to settle with payment plans. Bad idea to talk to other side's attorney directly?

Younger me was stupid and made a lot of mistakes, credit-wise. I was served a summons, found out I am being sued by a creditor in my local California Superior Court in my county. I want to settle and ask for a payment plan and avoid going to court if possible to save time and money. Would it be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 14, 2022

You WILL want to talk to a debt defense attorney as:

1- The statute of limitations MAY have expired already?

2- They MAY be breaking some laws in HOW they try to collect?

3- IF 1 or 2 is correct, they MAY have to pay your attorney AND pay you!!

Good luck with it.

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1 Answer | Asked in Bankruptcy, Contracts and Insurance Bad Faith for California on
Q: Can a general liability insurance policy under a corporation be claimed as an asset in a personal bankruptcy?

We are looking for lawyers who specialize in bankruptcy law and insurance coverage law to help us figure out our situation. In short, we had a contractor building a new custom home for us, abandon our job, file for bankruptcy and move out of state taking money with them that was intended for... Read more »

William John Light
William John Light
answered on Feb 14, 2022

Yes, it's an asset. You need to request relief from bankruptcy to proceed against the limits of the insurance policy. Also, the contractor's insurance policy does not provide coverage for shoddy work. It does provide coverage if your property is damaged by shoddy work, e.g., you have... Read more »

1 Answer | Asked in Contracts, Business Formation and Business Law for California on
Q: Was offered partnership to create new division of company. After a year he fired me. He kept everything. Is that legal?

I created new division separate from existing company to engage in an area of the industry he wasn't . Only shared name and license numbers. Everything else, I made. Forms, branding, procedures, had my own employees, payroll, books even had to pay him rent for offices. I would become a partner... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 14, 2022

You have a good claim for breach of contract, where the contract was an agreement that you perform services to set up the business in return for an ownership share. You completed your end of the agreement, but the other party failed to compensate you as agreed. The agreement may have been oral or... Read more »

2 Answers | Asked in Insurance Bad Faith, Personal Injury, Consumer Law and Contracts for California on
Q: A detaler sold me a car I found out it had two vin numbers when I crashed and found out no insurance was on it

I bought insurance at the dealer thru the geico dealer service agent the dealer verified with geico I had full coverage gave me a paper showing comp and collision. now they say I never had collision dealer said geico is wrong and don't listen to them but car is still not getting fixed I think... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on Feb 13, 2022

It sounds like you might be able to hold someone responsible. You should sit down with an attorney to discuss possible options.

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