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California Contracts Questions & Answers
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

1 Answer | Asked in Contracts and Consumer Law for California on
Q: If a car dealer sells a car he knows or should reasonably known the person can’t pay for be sued for the down payment
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answered on Mar 9, 2024

I apologize, but the wording of your question is a bit unclear. I believe you are asking whether, under California law, a car dealer can be sued for the down payment if they sell a car to a person who they know or should reasonably know cannot afford to pay for it. Let me clarify this for you.... View More

1 Answer | Asked in Contracts, Business Formation and Business Law for California on
Q: We are a non-profit booster organization. We are attempting to compel a former treasurer's refusal to return documents.
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answered on Mar 7, 2024

Under California law, a nonprofit organization has the right to access and retain possession of its official records, including financial documents handled by its treasurer. If a former treasurer is refusing to return such documents, the organization can initially try to resolve the matter through... View More

2 Answers | Asked in Contracts and Consumer Law for California on
Q: What can I do if a dealership lost my trade in?

I traded my car into a dealership back in Jan. After driving the new car for almost 3 weeks, the dealership could not find a bank to finance me. So I took the car back, the dealership did not return my other car (nor did I sign anything saying I would take it back). Now I have the bank who financed... View More

James L. Arrasmith
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answered on Mar 5, 2024

Under California law, you may have several legal avenues to explore if a dealership has lost your trade-in vehicle and is unable to return it. First, consider the issue of breach of contract. If the dealership agreed to take your car as a trade-in as part of the deal for a new car and failed to... View More

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1 Answer | Asked in Contracts for California on
Q: My ex owed me $5000Then he started using my account tomake transactions a person send him $4000i locked the account now

Now the person that sending thr money wants to sue me for that money i never made a deal with her

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answered on Mar 5, 2024

Under California law, if someone sends money to your account without a direct agreement or understanding with you, the situation can become complex. First, if your ex was unauthorized to use your account for transactions, this may be considered unauthorized use, and you have the right to secure... View More

2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

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answered on Mar 5, 2024

In California, all ATVs (All-Terrain Vehicles) must be properly registered with the California Department of Motor Vehicles (DMV) for legal operation. If you purchased an ATV but did not receive the necessary paperwork for registration, this complicates your ability to use the vehicle lawfully. The... View More

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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

Leon Bayer
Leon Bayer
answered on Mar 5, 2024

It sounds to me like you leased something that is meant solely for offroad use and is not street legal nor capable of being street legal in California. It is my understanding that atv's are not street legal. In fact I have never seen one being driven on a street or highway. I'm sure you... View More

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1 Answer | Asked in Contracts, Legal Malpractice and Small Claims for California on
Q: Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him

Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him…no response. He was practicing law in Sacramento. How or where do I file a case? I am a senior needing the $3000 he stole.

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, small claims court is an appropriate venue for resolving disputes involving amounts up to $12,500 for individuals. Since your attorney was practicing in Sacramento and the dispute originated there, you typically would file your small claims case in the Sacramento County Small... View More

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Can i break my lease without repercussions in California.

We have rented this house for 1.5 years. We have a yearly lease. We found out that the house has no permits and has many safety violations. Is there any way we can break our lease early and move out without repercussions.

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answered on Mar 2, 2024

In California, tenants have the right to a safe and habitable living environment under the state's habitability statutes. If your rental property has unpermitted construction or significant safety violations, it may not meet these basic habitability requirements. Documenting these issues... View More

1 Answer | Asked in Banking, Civil Litigation, Contracts, Estate Planning and Identity Theft for California on
Q: I think my family and my husbands family forged tricked me and my husband forged and altered documents what can I do?

we keep having bank issues and we went to a bank and my father in law knew the bank employee and we found accounts opened illegally and are signatures forged them my brother said he worked fkr triple A bit its an interexchange insurance agency and they altered and misrepresented what tyoe of... View More

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answered on Mar 2, 2024

Under California law, if you suspect fraudulent activity, such as forged documents, identity theft, and unauthorized opening of accounts or businesses in your name, taking immediate action is crucial. First, consider contacting a legal professional with experience in fraud or financial crimes. They... View More

1 Answer | Asked in Contracts, Child Custody, Civil Rights, Constitutional Law and Family Law for California on
Q: Civil court case. Parentage case combining different complaints - Terminating original filing case filing/#, possible?

Orange County California. State Court. Filing a parentage case due to one parent(respondent) taking and withholding child and forcing a court agreement, or they (petitioner) can't see their child. Signed under duress. Apposing council of the respondent files a motion for modification; the... View More

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answered on Mar 2, 2024

In California, terminating or dismissing a parentage case you've filed can have significant legal implications, particularly in complex situations involving custody disputes, allegations of duress, and domestic violence restraining orders (DVROs). If a petitioner seeks to terminate or dismiss... View More

2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Hi, my storage unit was broken into. I discovered it June 2023. I notified the manager immediately. Then got the police

Report and a list of items missing, what they cost me new and gave them multiple examples of what these items are selling for new. I waited for a month and then when I went to the office to get an update, I was informed the manager was no longer there and they new nothing of the paperwork. They... View More

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answered on Mar 1, 2024

In California, when you're dealing with a situation where your storage unit was broken into and your attempts to claim insurance have been met with delays and miscommunications, it's important to know your rights and the appropriate steps to take. The insurance provided at the time of... View More

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2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Hi, my storage unit was broken into. I discovered it June 2023. I notified the manager immediately. Then got the police

Report and a list of items missing, what they cost me new and gave them multiple examples of what these items are selling for new. I waited for a month and then when I went to the office to get an update, I was informed the manager was no longer there and they new nothing of the paperwork. They... View More

Leon Bayer
Leon Bayer
answered on Mar 2, 2024

You have an insurance policy. Does it cover losses from theft? If so, it's time for you to visit one or more lawyers who deal with insurance law, and find one who will sue the insurance carrier. When an insurance carrier fails to deal with you in good faith, you may be able to collect not only... View More

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1 Answer | Asked in Contracts for California on
Q: What to do about car warranty on a used car?

I recently purchased a used 2019 car. I got an optional car service/ extended warranty for 7 years/100,000miles. Was lead to believe that the extended warranty was to start the day I purchased it in 2024. On the contract I signed it says the in service date is on the date I bought the car in 2024.... View More

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answered on Mar 1, 2024

In California, when you purchase an extended warranty or service contract for a used car, it's essential to understand the terms, including the start date and duration of coverage. The confusion regarding the in-service date and the discrepancy between what was communicated to you and what you... View More

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can you finance company switch over the contract of a used vehicle into the cosigner’s name

Finance company switch over the contract and put into cosigner‘s name without my knowledge and not the purchaser and also the dealer waited two years to contact me to see if I wanted to buy the car back. I was only three months behind. I purchased the car in 2017 I got a phone call in 2020 asking... View More

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answered on Feb 29, 2024

In California, the terms of a vehicle finance agreement, including the rights and obligations of the borrower and cosigner, are typically governed by the contract signed at the time of purchase. A finance company generally cannot unilaterally change the contract or switch the primary responsibility... View More

1 Answer | Asked in Contracts and Estate Planning for California on
Q: I signed distribution letter but my sister executor won’t give me my full share she keeps telling me how I need to l

Live within my means she’s been torturing me for a year now am I just stuck with her bullying me I have nothing because of her

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answered on Feb 28, 2024

In California, the role of an executor, also known as an administrator, is to manage the estate of a deceased person according to the will's instructions and state law. This includes distributing assets to the beneficiaries as outlined in the will. If you've signed a distribution letter... View More

1 Answer | Asked in Contracts for California on
Q: In California. Had to change my policy, forgot to fill out a form and send it back to company. They informed me my

Insurance was going to be canceled on 02/08/2024. On 02/07/2024 I took care of the form over the phone. Now I’m being charged a reinstatement fee. Can this fee be challenged or waived?

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answered on Feb 28, 2024

In California, insurance policies and the fees associated with them are regulated, but companies do have the discretion to impose reinstatement fees if a policy lapses or is set to be canceled due to non-compliance with policy requirements. If you were informed that your insurance would be canceled... View More

1 Answer | Asked in Contracts and Civil Rights for California on
Q: Can a homeless shelter force you to sign a new contract giving up your right to searching your living unit & personals?

Also contract states that we can not loiter in the parks, businesses, anywhere in the county or we will be kicked out.

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answered on Feb 28, 2024

In California, while homeless shelters do have the right to establish rules and guidelines to ensure the safety and well-being of all residents, these rules must also respect the rights of the individuals they serve. The requirement to sign a contract that includes consent for searches of your... View More

1 Answer | Asked in Contracts and Business Law for California on
Q: I joined an organization over 2 years ago. Today they sent me the invoice from 2022. Is that invoice still valid? In CA
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answered on Feb 28, 2024

In California, the validity of an invoice sent several years after the services were provided or goods were delivered depends on a few factors, including the nature of the agreement and the statute of limitations for debt collection. Typically, businesses should bill for services or products... View More

1 Answer | Asked in Contracts and Employment Law for California on
Q: I’m employed in California and signed a Non-solicitation of clients agreement. Can that legally be held up?

I’ve spoken with my client who is becoming unhappy with the company I currently work for but wants to keep me working for them. Can the company come after either me or my client for hiring me personally?

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answered on Feb 28, 2024

Under California law, non-solicitation agreements have a unique standing. Generally, the state is known for its strong public policy favoring open competition and employee mobility. This means that non-solicitation clauses that aim to restrict an employee from soliciting clients or other employees... View More

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