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California Contracts Questions & Answers
1 Answer | Asked in Business Law and Contracts for California on
Q: How can I find out what price my previous company sold for? They are telling me it was too low to activate my SARS.

I have Stock Appreciation Rights in my previous company that are still valid. If the company sold for more than $8 million, I should get some proceeds. They sold recently, but the CFO told me the sales price was too low to activate my SARS. I'm skeptical. Should I point blank, in writing, ask if... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

If you are a shareholder you are entitled to know.

1 Answer | Asked in Civil Litigation, Contracts, Criminal Law and Real Estate Law for California on
Q: Long term board members breaching governing docs and city building codes for decades. Selective enforcement of parking,.

For many years, the current and previous management companies, dictated by the board have pushed, selective enforcement and harassment on the complex. The parking rules stipulate, “2 car’s in the garage andIf you own a third car, you can obtain an annual permit which enables the third... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 28, 2019

you are asking this question on a criminal website.

this is arguably not criminal.

everything is controlled by the By Law.

i would not be surprised if there are time limitations on how long someone can remain on the board.

i suspect quite a few laws/rules have been...
Read more »

2 Answers | Asked in Contracts, Entertainment / Sports, Gaming and Personal Injury for California on
Q: how can we sue two companies named "EA Games" and "evenbalance" ?

Hello!

i am a gamer who plays Video games day by day.

recently i got banned by an anti cheat Company called punkbuster without any using of cheats.

while i have payed 180 $ for my game.(*** Note : i accept the price is small but it's not only me who is involved... two named... Read more »

William John Light
William John Light answered on Jul 26, 2019

Small Claims, at best.

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1 Answer | Asked in Construction Law and Contracts for California on
Q: Contract with construction company. Paid them over $800,000 found out that the actual cost was $400,000.

Found out that the contractor (employee of the company) charged us $800,000 to remodel our house the owner of the company said that the actual cost was $480,000. Our contract stated that we would pay the cost of the work done plus 15% for the contractors fee. This work was completed in 2012. We... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

Unless you have provable evidence of fraud you may have run out of time to da anything about this very unusual situation. And before you move in the direction of suing for fraud you should hire a lawyer experienced in real estate and business contracting law. You may find out that the owner of the... Read more »

1 Answer | Asked in Civil Rights, Contracts and Probate for California on
Q: Would I have rights to my house, if my moms dying wishes, with out a will, & possibly just a verbal agreement

Would I have rights to my house, if my moms dying wishes, with out a will, & possibly just a verbal agreement, were for her sister, my aunt, to buy a home for me & my brothers, which she did, but she never put our names on it, only hers, her husbands, & Garza Trust, are on deed, & she has taken... Read more »

James Edward Berge
James Edward Berge answered on Jul 22, 2019

All agreements concerning real estate must be in writing, so you would probably lose on your contractual claim, but you might succeed if you could prove with clear and convincing evidence that your aunt intended to deceive your mom and profited from that deception. Your claim would be based on... Read more »

1 Answer | Asked in Business Law, Contracts and Real Estate Law for California on
Q: The contract signed electronically by both parties does not have the sellers legal name or correct initials. Is contrac

Is contract legal?

Robert Philip Cogan
Robert Philip Cogan answered on Jul 19, 2019

As you will so often hear from attorneys on this forum, it is impossible to provide an answer regarding a contract sight unseen. However, the contract very well could be "legal." If you have any money at stake it might be penny wise and pound foolish to fail to consult an attorney.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Medical Malpractice for California on
Q: I believe I was scammed for medical services. Do I have any recourse or is this just a lesson learned?

I just returned to the US from teaching abroad so I don’t have health insurance. It’s not open enrollment period. I got a job upon return but my benefits don’t start until after 90 day probation period. I needed to see a doctor prior to then. Made an appt at a women’s health clinic. Shortly... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

Go get your $300 back.

1 Answer | Asked in Business Law, Contracts and Government Contracts for California on
Q: Won a Federal Government Purchase Order, Manufacturer not honoring their price quote they had provided us with initially

Hello, my firm won a Federal Government Purchase Order roughly $9k based on an initial quote received from a distributor of the goods who were in turn quoted by the manufacturer. Now that I have the PO on hand, manufacturer is not releasing the order because they are saying that they quoted the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

Free practical advice offered for the last 41 years to people starting or operating small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
Read more »

1 Answer | Asked in Contracts and Animal / Dog Law for California on
Q: Is it illegal to dogsit at my apartment for my 70 year old grandmother’s pet if on the lease pets aren’t allowed?

My grandmother asked me to dog sit for her for two weeks while she’s moving. I let my landlord know out of decency and he told me it was okay. He has a father that is very controlling and isn’t the landlord and told him to tell me I can’t dog sit at my apartment. I went to speak to him and he... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

This is not a legal question; it is a practical question the answer to which is contained in your lease. And the fact that the landlord's daughter has had pets living at her apartment does NOT matter.

If you lease does NOT allow pets, then regardless of who said otherwise you may be...
Read more »

1 Answer | Asked in Business Law, Consumer Law and Contracts for California on
Q: If a car rental company states guaranteed model, is there a definition of confidence in US law
William John Light
William John Light answered on Jul 3, 2019

This doesn't make any sense. "[D]efinition of confidence"? Never heard of it. If you are asking whether you are entitled to the specific model of rental car, instead of a similar car within the same class of cars, it would depend on your contract. However, if the rental agency substituted a... Read more »

1 Answer | Asked in Contracts for California on
Q: I was put on balanced billing instead of generation billing which was signed on a contract, is that breaching a contract

I took over a solar contract when I bought my house in 2012 and after a few years I was getting billed an annual reconciliation fee. I called them up and asked about it and they just said what it was and didn't help. Then I got a copy of the agreement and contract and what I agreed too was being... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 3, 2019

I know this may sound weird to you, but just because someone has breached a contract with you does NOT mean you can sue them for breach of contract. In order to sue anyone the plaintiff must be able to state--and ultimately prove--that they have suffered some sort of damage; and in contract law,... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Is the sublease contract still valid?

I signed a sublease agreement but shortly after (2 weeks later) I was told by management that subleasing was not allowed and that we would be receiving an eviction notice in the near future. Is the sublease contract that I signed void? or is still still legally binding even though it was against... Read more »

Ellen Pilelsky
Ellen Pilelsky answered on Jul 2, 2019

A review of the underlying lease should provide the answer as to whether a sublease is allowable within the confines of your lease. If in fact there is a provision not allowing for a sublease, then your sublease agreement with the lessee is not valid.

1 Answer | Asked in Contracts for California on
Q: A buyer of our house just backed out of a contract. We are losing $15,000. on a deposit on another house. Can we sue?

We entered into a real estate contract with a buyer for our house. During the contract, he asked for

additional time to complete his loan paperwork. In order for us to get that we had to agree to give up our $15,000 deposit should the deal fail to be completed. Are we entitled to get that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 28, 2019

How and why were you "required to give up your $15,000 deposit on the new home? Surely your Realtor working on the purchase of the new house warned you about the consequences that might materialize if you put down a $15,000 deposit on the new home without making the purchase contingent upon the... Read more »

1 Answer | Asked in Contracts, Health Care Law and Insurance Bad Faith for California on
Q: Which attorney or attorney group would be willing to initiate a class action suit against a health care provider?

In August 2018, a health care provider delivered through FedEx, a broken piece of CPAP medical equipment, which I was unable to use for my diagnosed sleep apnea. I was unsuccessful in getting the equipment returned until February 2019. Since November 2018 when I received the first billing... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

Regardless of how frustrating and expensive this travail has been for you, it has none of the required legal earmarks to support a simple lawsuit, let alone support a class action. Rather than search for a lawyer or law firm to help you bring fire and brimstone down upon the heads of all the... Read more »

1 Answer | Asked in Contracts and Construction Law for California on
Q: Can a prime contractor require closeout documents from their subcontractors before any progress payments are made?

I have a job which is complete now. My first progress billing was April. My final billing was May. Neither have been paid to me, yet the prime contractor has required all closeout documents, including warranties to be submitted. Further stating all progress payments will be held until documents are... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

Since this is the end of June, it sounds like the primary contractor has had trouble getting his progress payments from the buyer, or whoever is building the property. Here is the bottom line: Regardless of what you "have always believed" about progress payments and when documents are due, and... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: If the amendment to the lease expires, does it revert back to original lease?

Our original lease stated we went one year then month to month with 30 day termination. We amended twice to add a year. The 2nd amendment for extend the lease ending 5/31/19 and added 60 termination. When amendment expires doesn't the original lease go back into effect? We gave notice on 6/1 and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 24, 2019

Based upon your (confusing) facts it appears you should have given notice 60 days before June 1--or 30 days before June 1--if the second amendment was not accepted. By waiting until June 1 you may have violated the lease and are subject to eviction at any time.

1 Answer | Asked in Business Law and Contracts for California on
Q: Do I still have to pay a membership for a gym that already closed.

A gym I was a member of closed at the beginning of this year without warning. That gym also switched everyone who attended that gym to a different local gym. I’m now stuck paying a membership for a gym who I never signed any contract for. Is this legal?

Thomas A. Grossman
Thomas A. Grossman answered on Jun 24, 2019

Unless you have a signed contract with the gym in question, I don't believe you have to pay for a gym membership. I would suggest not paying membership fees. I doubt they will try to sue you for it. Good Luck.

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: My lease expires on July 31st. and stipulates 30 day notice of intention to vacant the property. I plan to give

more than 30 days notice and move out on Aug 6th. Is this considered breaking the lease?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 24, 2019

No, but it probably will be called an unlawful holdover. I suggest you try to get approval to stay the extra six days by paying additional rent.

1 Answer | Asked in Contracts and Collections for California on
Q: Can a time share company from Mexico can sue me in the US for not paying maintenance fees?

A few years ago we made the mistake to buy a time share in Mexico that we paid in full; a few months later tried to cancel the contract but the company never accepted to get our money back or cancel the contract. Every year they try to get money from us because we supposed to pay maintenance fees.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 21, 2019

Yes, Mexican timeshare companies can sue you in the US. However, I am wondering whether you purchased your timeshare from a Mexican timeshare company--or (more likely) from an American timeshare company that sells timeshares in a timeshare property they own down in Mexico. But it really doesn't... Read more »

1 Answer | Asked in Employment Law, Contracts and Personal Injury for California on
Q: Our contracted Payer didn't pay our company for over 45 days, Which forced us to close. What recourse can we take?

Q:

Freedom West coop S.F. got a new accountant April 1st, 2019. Instead of getting a check for 3/15/19 through 3/31/19 We received a notice of accountants that the only issuance of checks would be done on a 30-day cycle. Who did not pay the Vendors till April 28 through 5/15/19 The notice... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 19, 2019

much more info needed.

you need to contact a business lawyer who does civil litigation in your area........i handle DUI's and Accidents in Palm Springs area....however i suspect they will all require a retainer and bill on an hourly basis....

you should write out a summary of the...
Read more »

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