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California Contracts Questions & Answers
1 Answer | Asked in Contracts, Civil Litigation and Internet Law for California on
Q: Help! Google account disabled , over 10- years worth of memories what can I do? How can I obtain my data legally ?

I got a message from google to verifying my sign in, upon signing it stated, my account is disabled due to child sexual abuse/exploitation. It said i can appeal and that two would be considered, so of course i appealed knowing it had to be mistake, but they denied it , i submitted a second appeal... View More

James L. Arrasmith
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answered on Apr 2, 2024

I'm so sorry to hear about your frustrating and distressing situation with your Google account being disabled. That must be incredibly stressful, especially with so much important data and memories at stake.

In terms of your legal options to obtain your data, here are a few key points...
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2 Answers | Asked in Real Estate Law and Contracts for California on
Q: Can a contract that was drawn up in Spanish be legal if you are dealing with a business in the US?
James L. Arrasmith
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answered on Apr 2, 2024

Yes, under California law, a contract written in Spanish can be legally binding, even if the business is located in the United States. California Civil Code Section 1632 specifically addresses this issue:

1. The law requires that if a business negotiates a contract primarily in Spanish,...
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1 Answer | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: Should I sign a combined declaration and assignment if I have not seen the patent application?

My employer has, on several occasions, had me sign paperwork to assign ownership of patents for products I have worked on to the company. Which is fine, I agreed to as much when I accepted the job. These documents include four declarations, the first three of which involve reviewing and confirming... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you've provided, there are a few important considerations:

1. Legal implications: Signing a declaration without having seen the patent application could potentially expose you to legal risks, especially if the declaration includes statements confirming aspects...
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1 Answer | Asked in Contracts and Small Claims for California on
Q: I have messages from a hotel we stayed in tell me that they would refund me for one night. Can I take them to court?

We stayed at this hotel for two nights. The first night, the floor was partially dirty and we complained to the front desk the next morning. Housekeeping did "not" clean our room that same day, and we went back to a dirty room with the same dirty floor. After our stay, someone sent me a... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you have provided, it appears that the hotel did not fulfill their promise to compensate you for one night's stay due to the cleanliness issues you experienced during your visit. However, before considering legal action, there are a few steps you should take:... View More

1 Answer | Asked in Contracts and Consumer Law for California on
Q: Can I sue a company that I bought an engine from on the internet? And never received that engine.
James L. Arrasmith
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answered on Mar 31, 2024

Yes, you can sue a company that you bought an engine from on the internet if you never received the engine. This would be considered a breach of contract.

In California, the Uniform Commercial Code (UCC) governs the sale of goods, including online transactions. According to the UCC, the...
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2 Answers | Asked in Business Law and Contracts for California on
Q: i am owed 10,000 for painting a house. its been 8 monthes, how do I get him to pay me?
James L. Arrasmith
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answered on Mar 31, 2024

Under California law, you have a few options to try to recover the $10,000 owed to you for painting the house. Here are some steps you can take:

1. Send a demand letter: Write a formal letter to the person who owes you money, stating the amount owed, the reason for the debt, and a deadline...
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2 Answers | Asked in Business Law and Contracts for California on
Q: i am owed 10,000 for painting a house. its been 8 monthes, how do I get him to pay me?
Robert Kane
Robert Kane
answered on Mar 31, 2024

Congratulations on your new business! Welcome. All business owners need to establish an approach for collecting past due accounts and such. Ultimately, you will need to prove that you are entitled to the amount due to a judge.

It's important to document all aspects of the...
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3 Answers | Asked in Contracts, Construction Law and Small Claims for California on
Q: A client has refused to pay my closing invoice for services rendered what can I do
James L. Arrasmith
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answered on Mar 30, 2024

Under California law, if a client has refused to pay your closing invoice for services rendered, you have several steps you can take to pursue the payment owed to you. Initially, it's advisable to attempt resolving the dispute amicably by contacting the client directly to discuss the issue.... View More

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1 Answer | Asked in Contracts and Collections for California on
Q: Will my timeshare go away after 7 years in collections? I can't afford to pay or settle
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answered on Mar 29, 2024

Under California law, debts, including those related to timeshares, typically have a statute of limitations. This period defines how long a creditor or collector has to initiate legal proceedings to collect a debt. For most written contracts, including timeshares, this period is usually four years.... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Civil Rights for California on
Q: management is suing me for costs and lawyer fees for a cash for keys they made to a squatter that I was already evicting

It’s a rent controlled apartment and I’m a senior. Squatter was being investigated by FBI but property management chose to reward criminal behavior with $7g and run up $7g in attorney fees, while I was in the eviction process when forcible detainer eviction (civil code 1160) was a clear option.... View More

James L. Arrasmith
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answered on Mar 29, 2024

In California, tenants have rights under various laws, including those protecting against harassment, discrimination, and unfair eviction practices. Given your situation, including being a senior in a rent-controlled apartment and facing what appears to be aggressive legal action from property... View More

1 Answer | Asked in Contracts and Health Care Law for California on
Q: Hi There, I’m 36 weeks pregnant, was threatened and yelled by my OBGYN’S office manager.

She threatened me that, she will transfer it to collections and my OBGYN will not deliver me. I want to know what are my rights on this situation as the contract doesn’t have a clause for termination and I was abused and humiliated twice by this manager. I want to know how much out of the balance... View More

James L. Arrasmith
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answered on Mar 28, 2024

In California, patients have the right to be treated with respect and to receive care without discrimination or harassment. If you've experienced threatening behavior from an office manager, it's important to document the incidents and communicate your concerns in writing to your... View More

2 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealership not certifying a car?

My mom leased a car in 2020, she decided she wanted to by the car. So her and I go back to the dealership to do just that. Every single person we talked to told us “in order to sell you the car, we have to certify it”. It was going to cost around $5,000.00 that was going to be added to the cost... View More

Leon Bayer
Leon Bayer
answered on Mar 28, 2024

To buy the car, just call the leasing company that you make the payments to. The dealer does not own the car and has no say in this process.

I hope you did not pay the dealer for 'certification.' That is just scam BS. You might report the dealer to the DMV, it sounds to me like a...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealership not certifying a car?

My mom leased a car in 2020, she decided she wanted to by the car. So her and I go back to the dealership to do just that. Every single person we talked to told us “in order to sell you the car, we have to certify it”. It was going to cost around $5,000.00 that was going to be added to the cost... View More

James L. Arrasmith
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answered on Mar 28, 2024

In California, when a dealership fails to fulfill its commitments or misleads customers about vehicle certification and necessary repairs, consumers have rights under both state and federal laws. These laws include the Song-Beverly Consumer Warranty Act, also known as the California Lemon Law, and... View More

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1 Answer | Asked in Contracts and Civil Litigation for California on
Q: how can one of the plaintives withdraw from the cas in california superior case
James L. Arrasmith
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answered on Mar 27, 2024

In California Superior Court, if you're a plaintiff and wish to withdraw from a case, you should start by consulting with your attorney for guidance and understanding of the implications. This step is important to ensure that your withdrawal is legally sound and aligns with your best... View More

2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, particularly under Vehicle Code Section 11736(c), you are generally entitled to a refund of your deposit before signing a vehicle purchase agreement and taking delivery of the vehicle. However, the specific terms of the retail installment sale contract you signed may... View More

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

Leon Bayer
Leon Bayer
answered on Mar 27, 2024

I think you are entitled to sue the dealer, and file a complaint against the dealer with the DMV.

I believe that what you signed is not allowed to override California Code, Vehicle Code - VEH § 11736.

Small claims court is where you take this to sue.

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2 Answers | Asked in Contracts and Business Law for California on
Q: Removing these 2 clauses from Contract - implications?

I do freelance legal billing for attorneys and law firms. Currently, a potential client (law firm) wants to remove the Choice of Law and Choice of Forum clauses in my agreement. They are located in Nevada, while I'm located in California (location where the clauses are applied). What... View More

James L. Arrasmith
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answered on Mar 26, 2024

If the Choice of Law and Choice of Forum clauses are removed from your contract, there will be uncertainty regarding which state's laws apply to any disputes that arise. Normally, these clauses ensure that any legal matters are resolved according to the laws of a specific state and in a... View More

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2 Answers | Asked in Contracts and Business Law for California on
Q: Removing these 2 clauses from Contract - implications?

I do freelance legal billing for attorneys and law firms. Currently, a potential client (law firm) wants to remove the Choice of Law and Choice of Forum clauses in my agreement. They are located in Nevada, while I'm located in California (location where the clauses are applied). What... View More

Adam Stoddard
Adam Stoddard
answered on Mar 26, 2024

If you omit those two clauses, then you are potentially opening up the chance to be compelled to Nevada if there is any litigation regarding the contact itself or work you are contracting for. Also, if you want to start litigation in California for the same, the other party could attempt to compel... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Are there laws in CA that protect consumers from undisclosed additional fees in lease a new car, ? Tks

Are there laws in California that protect consumers from undisclosed additional fees in purchase or lease contracts for new vehicles, which consumers may overlook before signing the contract? For example, I signed a new car lease and wasn’t informed upfront that they have to pay $9000 classified... View More

James L. Arrasmith
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answered on Mar 25, 2024

In California, consumer protection laws are in place to safeguard individuals against deceptive practices, including undisclosed fees in lease or purchase contracts for new vehicles. The California Civil Code and the Vehicle Leasing Act offer specific regulations that demand transparency and full... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Are there laws in CA that protect consumers from undisclosed additional fees in lease a new car, ? Tks

Are there laws in California that protect consumers from undisclosed additional fees in purchase or lease contracts for new vehicles, which consumers may overlook before signing the contract? For example, I signed a new car lease and wasn’t informed upfront that they have to pay $9000 classified... View More

Leon Bayer
Leon Bayer
answered on Mar 25, 2024

"Undisclosed" and "overlooked" do not have the same meanings.

Financing terms must be set out nicely and boldly. You can retain a lawyer to review your contract and advise you on whether your contract complies with the law. But if you did business with a new car dealer,...
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