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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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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