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California Contracts Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for California on
Q: Do I have a case against the tenant or the leasing office for distributing a check without everyone's consent?

Background: Shared leasing contract on a rental between 4 tenants. Lease ended July 3,2020

Issue:

A tenant emailed the leasing office and had the security deposit sent to herself by the leasing management without consulting the other tenants or having the rest of the tenants consent... Read more »

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

I cannot tell what role you played in all of this, you do not say if you are the owner or one of the co-tenants that was under reimbursed. If that is your role, there is possible a breach of fiduciary duty with possible punitive damages against the person who embezzled the money. File in small... Read more »

1 Answer | Asked in Contracts and Intellectual Property for California on
Q: I signed a non-compete with a toddler/ infant lifestyle company. Would a job at a children’s food company violate it?

I’m a freelance illustrator and am in a contract with no termination date with a toddler lifestyle company. There a potential job I’m interested in illustrating children’s books for an upstart children’s superfood and edutainment brand. Would this be a violation of my non compete even if... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Aug 31, 2020

The generality is that non-compete agreements are not enforceable in California. That is only a generality. Situations exist where a service provider must not compete whether or not there is a non-compete agreement. Your question does not include facts that would be necessary to make a... Read more »

1 Answer | Asked in Consumer Law, Contracts and Estate Planning for California on
Q: I would like to end a conservator relationship that my aunt has as we, her family can pay her bills for her.

My aunt is an older widow who is being overcharged for payment of 2 bills.

James Edward Berge
James Edward Berge answered on Aug 29, 2020

Now that your aunt has been legally conserved, it's really not up to you to decide whether your aunt should be conserved or not, it's now up to the court, the court investigator, and your aunt's attorney to decide that matter. Your opinion certainly matters, but the court will... Read more »

1 Answer | Asked in Contracts for California on
Q: What type of Lawyer is needed for failure to pay after consignment sale of vehicle? My contract says 20 days now is 33.
Maurice Mandel II
Maurice Mandel II answered on Aug 26, 2020

You could retain a collection attorney but you should remember that an individual can sue in small claims for up to $10,000, and there are no attorneys there, only the parties, so you save on attorney's fees. If the amount owed is a little more than $10,000, you can file in small claims and... Read more »

2 Answers | Asked in Contracts for California on
Q: Arbitrator found: Seller & Realtor fraud ok, buyer beware. Opposite of CA law. Buyer pay everything, seller reimbursed

Seller & Realtor testified they hid stench, misled me, lied to me. Testing and Ca. State expert testified extremely high third hand smoke could change grandchild’s DNA, injure & kill someone. Unsafe and so I demolished everything down to metal studs & concrete.a Arbitrator said... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 26, 2020

It would be good for you to post the name of this arbitrator so we all know not to use him. The rules with binding arbitration are pretty tough, it is very difficult to overturn the decision. You have an attorney already, you should be following their advice.

Justia disclaimers below,...
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2 Answers | Asked in Contracts and Domestic Violence for California on
Q: My Tennants are having a domestic issue-the lease isn’t up until December. They can’t live together - how do I deciDe

They are both women - the woman who is more responsible & pays rent left because she feels unsafe- she tried to get a restraining order but failed. Each of them tell me they want the apartment - only one can afford it ( they are also not speaking to each other) the one who can afford the rent... Read more »

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

Tough situation, but you need to remember, that you are a LL and not a relationship counselor. Perhaps you need to evict both of them and if the reliable one wants to re-rent from you, she can do so on a new lease.

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2 Answers | Asked in Contracts and Real Estate Law for California on
Q: Is there any possible way to break my lease?

I am a tenant and my two other housemates all of a sudden told me they will not be living with me. I am unable to pay the full amount of rent and have been looking for other people to take over but cannot find anyone. I would like to break the lease.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Aug 21, 2020

Did they also sign the lease? If no, you can try to negotiate with the landlord.

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1 Answer | Asked in Contracts for California on
Q: Would “all lives matter” in lower case be a political statement?
Maurice Mandel II
Maurice Mandel II answered on Aug 21, 2020

It Depends on the context.

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2 Answers | Asked in Business Law, Libel & Slander, Contracts and Civil Rights for California on
Q: My boss is attempting to sue me and claim my business as his.

I worked for a real estate agency. My boss is attempting to sue me, claiming that I deleted files off the computer. He also claims he owns my business (A Marketing Agency) as I opened it while working for him.

There is an alarm code history in which it has me registered for going in 5 days... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 14, 2020

Suggest you change the name on your marketing agency to a new dba, sounds like it is a sole proprietorship. The chain of events is a little problematic. NEVER, NEVER keep your personal files on a company computer, the computer is not yours, and actually your removal of those files from the... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Construction Law and Contracts for California on
Q: May I apply a affidavit to filing civil law suit against child dependency, and county counsel representative for cps
Louis George Fazzi
Louis George Fazzi answered on Aug 14, 2020

We need a lot more information from you in order to understand what your issue is all about. There is insufficient detail to allow me to give you any kind of advice. Any lawyer will need to know enough detail to understand your situation. A chronological statement of what happened, when, where, how... Read more »

2 Answers | Asked in Contracts for California on
Q: working on short fictional story set in Florida:

I am hired by Realtor A to completely clean out -- including taking down walls to the studs --- a garage as part of the estate of Deceased Man B. The executor of the estate, the realtor, and I sign three documents. 1. stipulates payment of $300 to completely empty down to the studs the garage in... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 9, 2020

A California attorney could answer best, but your post remains open for one week. Under the given facts, it could be argued that not disclosing the nature of the find was a violation of the terms of the contract. The contract provides the right to keep things if under $100 in value. While there was... Read more »

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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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