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California Contracts Questions & Answers
2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: Signed a lease and moved into a new rental last week. Kitchen was not cleaned. What can I do?

There is roach droppings, dead bugs in the cabinets, stuck on droppings and grease in all the corners. I submitted a maintenance request but I still havent heard back.

Maurice Mandel II
Maurice Mandel II answered on Jun 8, 2020

Very sorry to hear your LL treats tenants this way. It happens. you have rights. If I were you I would tell them that you want this cleaned within 24 hours or you will hire your own cleaning company to have them give the apartment a cleaning and deduct it from your next rent payment. Under... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for California on
Q: We signed housing contract on Monday escrow opened and on Wednesday night we realized we made a big mistake.

How can we back out of this contract?

Nathan Wirtschafter
Nathan Wirtschafter answered on Jun 3, 2020

“A big mistake” could mean many things.

Generally speaking, if the Seller has breached the contract, the Buyer has three options: (1) finding a loophole in the contract to walk away; (2) suing for damages in an action for breach of contract; and/or (3) filing a lawsuit for specific...
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1 Answer | Asked in Contracts for California on
Q: Is a signed patient price quote from a plastic surgeon a binding contract?

I signed a price quote for a medical procedure. It was 1/2 a page & contained a list of the procedures being quoted, the price for said procedures & the following 2 sentences: "All surgical procedures are non-refundable. This quote is valid for 30 days from the date issued."... Read more »

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

You signed a price quote that said it was good for 30 days, but did not schedule anything for 6 months. Then you only scheduled a part, paid a deposit of $15,000, but cancelled before surgery was done, because you decided to research the doctor after you paid your money.

So the legal...
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2 Answers | Asked in Business Law, Contracts and Construction Law for California on
Q: I recently received a bill from a handyman for services rendered in December of 2017. Do I have to pay this?

I have never been billed for these services and had inquired multiple times for a bill in December 2017. Since so much time has elapsed, I feel even the hours are a bit high. I believe this was an oral agreement only for the work rendered Am I still responsible to pay?

Donald M Barker
Donald M Barker answered on May 27, 2020

As a general rule, any civil action for monies owed for services or goods must be commenced within two years of providing such services or goods, with some narrow exceptions. If there is a written contract, the statute of limitations is four years, with some exceptions.

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1 Answer | Asked in Contracts, Family Law, Real Estate Law and Probate for California on
Q: My grandmother passed away in November, the house is being sold

I am a beneficiary and under ca. Probate code 16061.7 I am required to get copy of the trust now that it is irrevocable, question is do I have a right to see the escrow/title documents prior to closing? What other documents am I entitled to get a copy of, If different than the above code what is... Read more »

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

I would consult a probate attorney immediately. Trying to learn the law and the forms, may cost you dearly. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax...
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1 Answer | Asked in Business Law, Contracts and Immigration Law for California on
Q: I want to open a business of linking in Los Angeles and I don't know what visa, legal statut and contrat I need.

I am French, I am 20 years old and I only had my high school diploma in France.

I would like to know what visa I must have to open my business of linking French food suppliers and restaurants in Los Angeles (knowing that I would not have much money to invest at the beginning).

I... Read more »

Adan Vega
Adan Vega answered on May 26, 2020

You should consider engaging an experienced immigration attorney to assist you with an E-1 visa. The attorney will discuss with you all of the necessary requirements for a French citizen to begin a business venture in the U.S. that will qualify you for the E-1.

Good luck to you.

2 Answers | Asked in Consumer Law and Contracts for California on
Q: I have a vehicle service contract and they are declining a repair. What kind of attorney do I need?

I have a liftetime vehicle service contract for my 2012 Chrysler 300C with 130,780 miles. My shocks are a covered component but they are refusing to cover them stating normal wear and tear on the vehicle. If the suspension is considered normal wear and tear for 130,780 miles I would believe that... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2020

Sounds like a fraud to me. I'd seek out an auto fraud attorney and/or someone who handles lemon law. Good luck to you on it.

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1 Answer | Asked in Employment Law, Contracts and Business Law for California on
Q: Can I be penalized if I quit a job I never officially started and they still can’t operate but they were paying standby

Can I be penalized if I quit a job I never officially started due to Coronavirus and they still can’t operate but they were paying me a small amount of hours for 6 weeks. I have a new job offer possibly and want to resign this position never worked but want to know if I will encounter problems... Read more »

Neil Pedersen
Neil Pedersen answered on May 18, 2020

Unless you have a specific agreement with the employer to work for a defined period of time, you have the right to quit at any time and for any reason. Simply give notice of your intent to leave.

Good luck to you.

2 Answers | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: How should I request a university program in California to return my admit deposit since they have deferred starting?

I was selected in a program that has now deferred their start date due to CoVID. They requested a sizable deposit to secure my position in the program for their initial start date. The program no longer fits my timeline and they have refused to refund the deposit. What can I do in this situation?

John Francis Nicholson
John Francis Nicholson answered on May 20, 2020

I agree with Mr. Kaufman that you may need an attorney to sort this out. However, your question does not indicate whether you have contacted the university directly to find out what there policy is, and what writing is it based on. Some schools have a refund policy based upon a timeline that... Read more »

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2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for California on
Q: Contractor malpractice on hazardous material

in Calfornia, a general contractor was hired for condo remodeling.

The condo is contaminated to the extent beyond living and the clean up bill from is hefty. Shall the owner be responsible for the bill only?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 16, 2020

Did the homeowner’s association know of the Asbestos prior to your purchase of Thr condominium? Was this fact disclosed to you in your closing documents? We’re you aware of the asbestos issue prior to construction? These and many more questions would be raised in a litigation against the... Read more »

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2 Answers | Asked in Contracts, Personal Injury and Real Estate Law for California on
Q: Asbestos contamination and complaints

A contractor was hired for remodeling in California

The contractor didn't test hazardous material in the condo before starting the work.

If the condo is contaminated. Whose shall fulfill the bill?

George W. Wolff Esq.
George W. Wolff Esq. answered on May 15, 2020

Yes, you have potential liability if your contractor contaminated the neighbor's property.

How old is your building?

Were any tests done for asbestos before the work started?

To protect yourself you might want to hire an Industrial Hygenist or testing company to...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Covid19: unable to start newly signed apt. lease. College student moved home in March and can't return for summer/fall.

A friend of ours is a student at San Diego State, but had to move home in March because of Covid-19. Anticipating returning for school in the summer/fall semesters, he recently signed an apartment lease (w/No deposit yet) with three other students. However, California State schools have just... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

If the lease has been fully executed and there is no early termination clause or some other termination clause then it appears you have a tenancy for the term of the lease. This is the exact purpose of a lease - to provide the landlord and tenant certainty for a set price and term.

Best...
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3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Can I be held responsible if I give proper notice to everyone (landlord & roommates) but roommates won't leave?

I'm the only one on lease but landlord was informed about roommates but didn't have them fill out applications. I'm in california lived here 6 years and am on a month to month lease. If I move completely out and gave proper notices to everyone can landlord sue me if roommates dont... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

The landlord can initiate an unlawful detainer against you and the remaining subtenants if you issue a 30 day notice to terminate the tenancy and your subtenants do not move out on or before your termination date.

You would be well served to initiate the termination of your...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: I was trying to rent an apartment. Question below....

I filled out a rental application, was approved, paid the deposit and received keys and a receipt for a two bedroom apartment. Did NOT sign lease right away cuz landlord couldn't print it, printer acting up. Was promised the lease later that day. Received a text message about an hour later... Read more »

John Francis Nicholson
John Francis Nicholson answered on May 4, 2020

Some lease provisions include a clause that it is subject to a credit check where the landlord has the option to void the lease. But to do so they must return your deposit.

If the landlord cashed your check, or kept your cash, and refuses to return it, then they are obligated to honor the...
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1 Answer | Asked in Contracts for California on
Q: 8 months ago i signed a lease but never moved in and they charging me for not moving in
John Francis Nicholson
John Francis Nicholson answered on May 4, 2020

A lot has happened with the novel COVID-19 virus since you submitted your question. However, you have not provided much information concerning the lease contract, etc.

I suggest you contact a local attorney in the San Diego area that practices in the area of evictions and schedule a...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: I need help breaking my lease so that I can move. I cannot afford the rent. It is rent or food. What options do I have?

I live in San Clemente, CA.

John Francis Nicholson
John Francis Nicholson answered on May 4, 2020

You can break your lease if the landlord has materially breached the lease - meaning the landlord has not performed an important duty that is subject to the lease. If the landlord has been performing their part pursuant to the terms of the lease then they are entitled to the rent.

However,...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: I financed a car in February from a major dealership two months later the dealership wants the car back do I have to

The reason they gave

* The cobuyer poses an unacceptably high credit risk

Scott Richard Kaufman
Scott Richard Kaufman answered on Apr 24, 2020

WITHOUT looking at the contract, so, this is NOT a legal opinion, NO, you do not have to give the car back.

BUT, right now, IF you get this all in writing, you drove the car for FREE for two months AND you can get a

better deal somewhere else, since rental cars are 5 bucks a day...
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2 Answers | Asked in Appeals / Appellate Law, Contracts, Estate Planning and Insurance Bad Faith for California on
Q: Can I appeal the decision to transfer my structured settlement ?

I was scheduled to receive $75,000 at age 35 and $375,000 at age 45 through a structured settlement that was created after my father passed away. At age 22, about 10 years ago, I sold a portion of my structured settlement for a lump sum of money. I was about 22 at the time. The judge in San Diego... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 24, 2020

Your description of your legal issues raises more questions than answers. In order to get an informed legal opinion from an attorney you need to retain an attorney for a consultation. Be thorough with your facts, and bring all relevant documents to the consultation, which will consume at least 1... Read more »

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1 Answer | Asked in Contracts for California on
Q: Hello, I need help to review an employment contract. I just want to make sure everything is fair and doable.
Jason Brooks
Jason Brooks answered on Apr 22, 2020

I'd be happy to help with that. If interested, shoot me an email and we can discuss - jason@altviewlawgroup.com

1 Answer | Asked in Business Law and Contracts for California on
Q: Does a company have to pay a contracted employee if the company releases them from their contract?

The terms of the contract were for a multi-year deal to perform continuously for 750,000$ spread out monthly over 2 years. The "employee" in this case is listed as an independent contractor

Nathan Wirtschafter
Nathan Wirtschafter answered on Apr 21, 2020

There is not enough information posted to answer the question. The IC's rights and obligations are governed by the terms and conditions in the agreement, as well as the performance of the contract. You should: (1) gather all the relevant documents, including: contract, communications... Read more »

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