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California Contracts Questions & Answers
2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

You bring out a number of issues that are of concern as to the attorneys’ actions. In particular if there was a switching of firms without your agreement, a disbarred attorney representing you, and charging an excessive and not agreed to fee. You should consult with experienced ethics,... View More

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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, your situation raises several concerns regarding the conduct of your legal representation, particularly in the context of the Lemon Law claim you pursued against a car dealership. If your attorney was disbarred or suspended during the course of your representation, this could... View More

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2 Answers | Asked in Contracts and Employment Law for California on
Q: Can my boss terminate my 6-month employment contract early without cause?

I was hired to do creative work for a company for a specified term of 6 months, with potential for renewal. The offer was made via email where the term, pay, and deliverable expectations were laid out. I accepted and requested relevant onboarding materials to sign, but only received policy and tax... View More

Neil Pedersen
Neil Pedersen
answered on Mar 23, 2024

The answer to your question will depend entirely on the terms of the employment agreement. All employees in California are considered to be employed on an at will basis unless they have an agreement to the contrary about that status with the employer. Even written agreements are entitled to that... View More

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2 Answers | Asked in Contracts and Employment Law for California on
Q: Can my boss terminate my 6-month employment contract early without cause?

I was hired to do creative work for a company for a specified term of 6 months, with potential for renewal. The offer was made via email where the term, pay, and deliverable expectations were laid out. I accepted and requested relevant onboarding materials to sign, but only received policy and tax... View More

James L. Arrasmith
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answered on Mar 24, 2024

In California, employment contracts, including those set for a specific term like your 6-month contract, are generally binding on both parties. If your contract stipulated a term of employment and did not include any clauses allowing for early termination without cause, then your employer may not... View More

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1 Answer | Asked in Education Law and Contracts for California on
Q: If a coach purchased equipment for a high school program and then resigned, do they have property rights?

The items were purchased using a non-school affiliated club organization, and it is unclear who is a part of it and or who runs it.

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answered on Mar 22, 2024

In California, the ownership of equipment purchased for a high school program, even through a non-school club, can be complex and depends on the specifics of the purchase and agreements made at the time. If the coach purchased equipment with funds from a non-school affiliated club specifically for... View More

1 Answer | Asked in Contracts and Consumer Law for California on
Q: I have a legally binding Purchase agreement signed with Rivian to sell me a vehicle but they are not delivering. What?

I have a legally binding Purchase agreement signed with Rivian to sell me a vehicle but they are not delivering. Looking for legal help. They say they assigned me a wrong VIN. But here are couple of lines from contract:

THIS AGREEMENT CREATES A BINDING LEGAL CONTRACT BETWEEN YOU, YOUR... View More

James L. Arrasmith
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answered on Mar 22, 2024

Under California law, if you have a legally binding purchase agreement with Rivian and they are not delivering the vehicle as agreed, you have certain rights. The specific lines from the contract you provided suggest that this agreement is comprehensive and replaces any previous agreements between... View More

1 Answer | Asked in Contracts, Civil Litigation, Legal Malpractice and Trademark for California on
Q: Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

an application on Findings Order from demurring papers leave to amend in 20 days.

The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the... View More

James L. Arrasmith
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answered on Mar 22, 2024

In California, when a court grants leave to amend a complaint and sets a deadline, the initial submission date is typically considered as long as the amendment is made within the permitted time frame. However, if the clerk rejects the filing due to technical issues, this can complicate matters. The... View More

2 Answers | Asked in Contracts, Civil Litigation, Legal Malpractice and Trademark for California on
Q: Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

an application on Findings Order from demurring papers leave to amend in 20 days.

The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the filing on a technical issue.

The technical issues was immediately resolved and resubmitted. Aft 3 more days the... View More

James L. Arrasmith
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answered on Mar 22, 2024

In California, the legal procedure around amended complaints and the timing of submissions can be complex. When you initially submit your amended document within the allowed timeframe, which in your case was within 20 days, you've adhered to the initial requirement. However, if the clerk... View More

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Q: Can I sue my family if they were the one's responsible for the foreclosure and the medical debt, and the falsified doc.

The Power of Attorney they made me sign in another place they made me go, and it was Mexico, and they said it was for the ability to rent my house out, so I wouldn't lose it. And they used it to run their business, and they put ownership in their names, and in their trust, and they didn't... View More

James L. Arrasmith
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answered on Mar 21, 2024

Under California law, you may have grounds to sue if your family used a Power of Attorney to defraud you, resulting in foreclosure and medical debt due to their actions. Misuse of a Power of Attorney, especially to falsify documents or to alter property ownership without consent, is a serious... View More

1 Answer | Asked in Contracts for California on
Q: NEA Arts grant, requires published between 2017-24. requires published with"eliigible publishers", disability needs

I'm published before 2014, received recognition, poet grants. Writing a long work, which shouldn't be published in small sections. Request for disability inclusion due to not meeting publishing requirements is denied. I was given 3 days extension, and states 9 AM EST, inappropriate for... View More

James L. Arrasmith
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answered on Mar 19, 2024

The requirements set by the National Endowment for the Arts (NEA) for grant eligibility, including the stipulation that works must be published by certain publishers within a specific timeframe, are designed to ensure a standard of professional achievement. However, these requirements can be... View More

1 Answer | Asked in Contracts for California on
Q: Is rocket lawyer legit if my bf did a will on there
James L. Arrasmith
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answered on Mar 16, 2024

Under California law, online legal services like Rocket Lawyer can provide valid documents, including wills, if they comply with state requirements. For a will to be considered valid in California, it must be signed by the person creating the will (known as the testator) in the presence of at least... View More

1 Answer | Asked in Contracts and Gov & Administrative Law for California on
Q: i sold a used vehicle to someone (private parties).

He won't put the car in his name although I did fill out the transfer paperwork (on my end, the owner) to CA DMV. I have the bill of sale, etc. What do i do?

James L. Arrasmith
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answered on Mar 14, 2024

In California, as the seller of a used vehicle, you have certain responsibilities and steps to take to protect yourself legally and financially. Here's what you should do:

1. Ensure you have completed and signed the "Notice of Transfer and Release of Liability" form, which is...
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1 Answer | Asked in Contracts and Gov & Administrative Law for California on
Q: I applied for California vehicle rebate program- CVRP. Application was denied.

On their application forms under terms & condition it says ""Applicants whose rebate applications have been approved, cancelled, or denied by the Administrator may request a case evaluation within ten calendar days of application approval/cancellation/denial (mailed hard copy case... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you have provided, it seems that the California Air Resources Board (CARB) and the program administrator may be in breach of the terms and conditions stated in the application form. If the terms and conditions explicitly state that applicants have the right to request a... View More

1 Answer | Asked in Contracts and Civil Litigation for California on
Q: A judgement of default was made because the plaintiffs brother unlawful removed the time sensitive notices. What do I do

The plaintiff brother and I share the same mailbox. I get home and find my mail in the chain link fence at said estate. I haven't received any documents other then a tentative ruling of an entry of default. What can I do to correct this

James L. Arrasmith
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answered on Mar 14, 2024

In this situation, you should act quickly to try to set aside the default judgment and have the case reopened. Here are the steps you can take:

1. File a motion to set aside the default judgment: You will need to file a motion with the court explaining that you did not receive proper notice...
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2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Bait and switch if promised EV charger and now they won’t provide.Not in lease, but they confirmed by email.

I was moving because my apartment building did not have EV chargers. We found one where manager said she was getting more installed and I would be first on the list to get one. 4 months later I still don’t have one. I asked for it to be in lease and she said their system didn’t have the... View More

James L. Arrasmith
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answered on Mar 13, 2024

Based on the information you provided, it seems that you have a case for promissory estoppel, even though the promise of an EV charger was not included in your lease. Promissory estoppel is a legal principle that may be applied when a party makes a promise that induces another party to take action,... View More

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2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Bait and switch if promised EV charger and now they won’t provide.Not in lease, but they confirmed by email.

I was moving because my apartment building did not have EV chargers. We found one where manager said she was getting more installed and I would be first on the list to get one. 4 months later I still don’t have one. I asked for it to be in lease and she said their system didn’t have the... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 13, 2024

You need to write out all the facts and bring that and the email to a consultation with a landlord-tenant attorney.

Unfortunately, it is probably the kind of case that most lawyers would only take on an hourly basis rather than on a contingency.

Realistically, are you in a position...
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1 Answer | Asked in Contracts for California on
Q: In CA which date takes precedent? The date you acually signed the agreement or the date shown on contract?

On signature page it says effective date of 9/2/23 & on contract it says date of 9/6/23. The wet signature was done on 9/2/23. I have issue with CVRP for tesla agreement.

I would appreciate if you can mention relevant section of law.

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answered on Mar 13, 2024

In California, the terms of the contract itself generally take precedence over the date of signing when there is a discrepancy between the two. This principle is based on the "four corners rule," which states that if the terms of a contract are clear and unambiguous, courts will enforce... View More

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Can a landlord evict tenants in Santa Barbara County California after the home had an electrical fire and yellow tagged?

The landlord and his wife are harassing the tennants, will not help with a place to stay, changed the locks while belongings were still in the home and gave the tenants a 2 hour window on a Monday yo gather all their belongings for a 5 bedroom house. Also, the landlord is going to have someone... View More

James L. Arrasmith
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answered on Mar 11, 2024

Under California law, a landlord cannot simply evict tenants after a home has been yellow-tagged due to an electrical fire. The specific situation you described raises several legal concerns:

1. Habitability: Landlords are required to maintain habitable premises. If the electrical fire has...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: How do i get around the non waiver clause in my residential lease in california

My landlord has filed an unlawful detainer. I paid half of my rent but when i went to pay the other half i was blocked. I told her on the 8th that i would pay the rest on the 20th. She told me that she would check with the owners to see if that was ok. I never heard anything from her until i went... View More

James L. Arrasmith
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answered on Mar 9, 2024

I understand your frustration with the situation, but it's important to note that getting around a non-waiver clause in a residential lease can be challenging. A non-waiver clause typically states that even if the landlord accepts late rent or doesn't enforce certain lease terms, it... View More

1 Answer | Asked in Contracts for California on
Q: Can I sue a company for unapprovingly refunding my vacation rental guests their money back without them issuing a refund

I advertise my airbnb vacation homes on a platform called lodgify. I am now seeing on my bank statements money being take out of my account. When I dive deeper, Lodgify is refunding my past guests their full payments, without my approval. The guests never even asked for a refund.

James L. Arrasmith
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answered on Mar 9, 2024

Yes, you may have grounds for a lawsuit against Lodgify if they are issuing unauthorized refunds to your guests without your approval, especially if the guests did not request these refunds. This action could potentially be considered a breach of contract, depending on the terms of your agreement... View More

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