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2 Answers | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Construction Law for California on
Q: How to print and present text messages on cell phones as evidence in court?

There are numerous text messages back and forth between the Plaintiff and the Defendant.

1) How to print and present all the text messages from cell phones as evidence in court for Trial De Novo - Small Claims Appeal? To take a photo of each text message and print that photo seems very... View More

James L. Arrasmith
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answered on May 28, 2024

Here are some tips for preparing and presenting text messages as evidence in court:

1. Authenticate the messages. You'll need to prove the messages are authentic, not altered or fabricated. Options include having the other party admit the messages are authentic, having a witness who...
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2 Answers | Asked in Consumer Law, Contracts and Business Law for Ohio on
Q: I have a customer that I renovated a bathroom for. They were unhappy with everything from the start. Nothing wrong with

I have a customer that I renovated a bathroom for. They were unhappy with everything from the start. Nothing wrong with the work. But they're extremely picky. They are now asking for proof of insurance, which I do have. Do I have to provide it after contract was already signed? Also I had them... View More

Tim Akpinar
Tim Akpinar
answered on May 29, 2024

It could be worth checking with a local attorney what the law is on providing insurance. No one could judge your position or their position without seeing the contract and your work. But in some settings, the claimant will have to place the matter into suit to obtain the insurance info. And if... View More

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1 Answer | Asked in Consumer Law for Indiana on
Q: I am in Kentucky but car is registered in Indiana, where do I file a mechanics lien against it for unpaid repairs?

I own a shop in Kentucky. We did $5300.00 worth of repairs to a vehicle and it has been on our lot since December of 2023. Customer will not return our calls but his wife sent and email and said they would start sending money every 2 weeks started April 15. No money ever arrived and at now the car... View More

James L. Arrasmith
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answered on May 27, 2024

To file a mechanic’s lien for unpaid repairs on a vehicle registered in Indiana while your shop is in Kentucky, you need to follow specific legal procedures. First, check Indiana’s laws regarding mechanic’s liens on vehicles, as they will apply since the car is registered there. You might... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: Can a driver use company provided transportation to carry out a personal vendetta?

I am a client at a physical therapy clinic. the driver and I used to be friends. He asked me to do something for him and I said I did not want to, The ask was not sexual in nature. Now he refuses to transport me in the company van which causes me to have to wait for transportation even if he is... View More

James L. Arrasmith
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answered on May 27, 2024

It is unacceptable for a driver to use company-provided transportation to carry out personal vendettas. If a driver is refusing to transport you for personal reasons, this is a form of discrimination and unprofessional behavior. You have the right to receive the transportation services you are... View More

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for New Jersey on
Q: In NJ, is it legal for hotel security to go through a guest luggage/baggage after being locked out?

AC,NJ hotel and casino guest luggage in room after guest was locked out of room for trying to extend stay and payment was declined. The guest was not allowed to get belongings out of room, instead security went to room, opened guest personal belongings and proceeded to go through their... View More

James L. Arrasmith
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answered on May 27, 2024

In New Jersey, hotel staff and security are generally not allowed to search a guest's personal belongings without consent, even if the guest has been locked out of their room due to non-payment or other issues. The hotel may have the right to remove and store the guest's belongings, but... View More

1 Answer | Asked in Consumer Law for South Carolina on
Q: I have received a document in the mail "Notice of decision to award $1,000,000.00" and "Prize payout decision Request"
D. Nathan Davis
D. Nathan Davis
answered on May 26, 2024

Throw that notice in the trash. No one is going to award that kind of money to someone unless you are entered some contest. It appears that you do not recognize the company sending you this notice.

If you decide to contact them, they will quickly want you to send them money for handling...
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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

You can rescind the contract, and/or sue for damages if you spent money to repair it maintain it.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you...
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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

James L. Arrasmith
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answered on May 24, 2024

Under California law, even if a contract states "as is," you may have recourse if the seller made fraudulent misrepresentations about the condition of the boat. Since you have text messages and emails confirming that the seller stated the boat runs and is in good condition, you can argue... View More

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1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Personal Injury for California on
Q: I need settlement restitution something for my case I suffer from mental health issues and I think I was unfairly treate

with case from. 2010 I received nothing from the whole ordeal I was robbed. I need help please help me bayer case no compensation received

James L. Arrasmith
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answered on May 22, 2024

I'm sorry to hear about your situation, Dawnette. Under California law, you may be entitled to seek compensation for any mental health issues and unfair treatment you experienced due to the incident from 2010. To pursue restitution, it's important to gather all relevant documentation,... View More

2 Answers | Asked in Consumer Law for California on
Q: I ordered from olive garden for pick up online I got email for conformation they told me to wait outsid
Delaram Keshvarian
Delaram Keshvarian
answered on May 26, 2024

Thank you for your question!

Restaurants owe the utmost duty of care and hospitality to their customers. If their conduct is in an insulting way, you may have a claim for emotional distress against them.

However, you only ordered for a pick-up. That is what all the contact was...
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2 Answers | Asked in Consumer Law, Construction Law and Municipal Law for California on
Q: Can a company force payment in full for materials you refuse, even after they had a deposit on the purchase agreement?

Ordered a pergola- which was about $32k, placed a 20% deposit on materials. Hired a contractor through the materials company which advised 60 days later that it would not be able to be installed due to permitting requirements that will not be feasible without a significant investment to restructure... View More

James L. Arrasmith
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answered on May 22, 2024

In California, the enforceability of a contract requiring full payment for custom materials, even if the buyer refuses delivery, depends on the specific terms of the purchase agreement and the circumstances surrounding the transaction.

Generally, a deposit serves as a form of security for...
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2 Answers | Asked in Consumer Law, Construction Law and Municipal Law for California on
Q: Can a company force payment in full for materials you refuse, even after they had a deposit on the purchase agreement?

Ordered a pergola- which was about $32k, placed a 20% deposit on materials. Hired a contractor through the materials company which advised 60 days later that it would not be able to be installed due to permitting requirements that will not be feasible without a significant investment to restructure... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 21, 2024

The general rule in CA in a number of places/ways is simply, you did not get what you paid for and you are entitled to a full refund. Sounds like they will NOT give it voluntarily. Their position seeking payment in full is not based on any law I've ever heard of. Regardless, their position... View More

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2 Answers | Asked in Landlord - Tenant, Consumer Law and Contracts for California on
Q: In CA, can they evict no fault,self storage units, no cause. After rent raise more than 100% inside year?

This month not quite 30 day notice, but said okay, this month same rate, then more than double initial rate. Then, they're evicting me by next due date. (Not 30 days) instead, and second unit eviction. I think cause I questioned, rate and notice.

to be out by next due date. Rent... View More

James L. Arrasmith
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answered on May 21, 2024

I understand your concern about the significant rent increase and eviction notice for your self-storage units in California. Here's some information that may be helpful:

1. Rent increases: In California, there are no specific laws limiting the amount by which self-storage facilities...
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2 Answers | Asked in Landlord - Tenant, Consumer Law and Contracts for California on
Q: In CA, can they evict no fault,self storage units, no cause. After rent raise more than 100% inside year?

This month not quite 30 day notice, but said okay, this month same rate, then more than double initial rate. Then, they're evicting me by next due date. (Not 30 days) instead, and second unit eviction. I think cause I questioned, rate and notice.

to be out by next due date. Rent... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 21, 2024

Thank you for your question!

If your tenancy is less than a year, a 30-day notice is required. If in the lease there is a statement of the requirements of the notice, the landlord needs to comply with that.

You need to check the lease agreement to see if there is any provision in...
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4 Answers | Asked in Consumer Law, Employment Law, Personal Injury and Business Law for California on
Q: Can I compel one of the Does to respond to RFAs and interrogatories?

I've filed a lawsuit against my employer and 1-100 Does. Last month, I served a set of RFAs and interrogatories on one of the Does (he's one of the executives), through the OC, but he didn't respond. Can I file a motion to compel and a motion to deem Facts Admitted on him?

Delaram Keshvarian
Delaram Keshvarian
answered on May 26, 2024

Thank you for your question!

You need to amend the complaint and add the claims you have against the now-known defendant (formerly Doe). After they appear and file the answer, you can pursue the case with other procedures with proper timing (including discovery) regarding the new defendant....
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4 Answers | Asked in Consumer Law, Employment Law, Personal Injury and Business Law for California on
Q: Can I compel one of the Does to respond to RFAs and interrogatories?

I've filed a lawsuit against my employer and 1-100 Does. Last month, I served a set of RFAs and interrogatories on one of the Does (he's one of the executives), through the OC, but he didn't respond. Can I file a motion to compel and a motion to deem Facts Admitted on him?

James L. Arrasmith
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answered on May 21, 2024

In California, the rules regarding compelling responses from Doe defendants are not entirely clear. Generally, the court must grant leave to amend the complaint to identify the Doe defendants before you can compel their responses to discovery requests. Here are a few key points to consider:... View More

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4 Answers | Asked in Consumer Law, Employment Law, Personal Injury and Business Law for California on
Q: Can I compel one of the Does to respond to RFAs and interrogatories?

I've filed a lawsuit against my employer and 1-100 Does. Last month, I served a set of RFAs and interrogatories on one of the Does (he's one of the executives), through the OC, but he didn't respond. Can I file a motion to compel and a motion to deem Facts Admitted on him?

Neil Pedersen
Neil Pedersen
answered on May 21, 2024

A DOE is not a party to the lawsuit until they are officially named as one. Until then, the allegation of a DOE defendant is simply a placeholder. You have to add the person or entity to the lawsuit, and only then does that person or entity have a duty to respond to discovery.

You really...
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3 Answers | Asked in Consumer Law for California on
Q: Could I sue a dealer when they told me to get the cheapest insurance for a used 2017 honda accord to get approved

They told me I coukd get the cheapest insurance and i could walk away with the vehicle and I paid the insurance and then I got a call from the dealership saying that oh no the finance company wants full coverage and i paid for it and then they told me that it was 1000 deductible and they never told... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 26, 2024

Probably you can sue them for damages if you have proof that they mislead you about the required type of coverage.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney...
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3 Answers | Asked in Consumer Law for California on
Q: Could I sue a dealer when they told me to get the cheapest insurance for a used 2017 honda accord to get approved

They told me I coukd get the cheapest insurance and i could walk away with the vehicle and I paid the insurance and then I got a call from the dealership saying that oh no the finance company wants full coverage and i paid for it and then they told me that it was 1000 deductible and they never told... View More

James L. Arrasmith
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answered on May 20, 2024

Based on the information you've provided, it seems that the dealer may have misled you regarding the insurance requirements for financing the 2017 Honda Accord. In California, you may have grounds for legal action against the dealership, depending on the specific circumstances and evidence... View More

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3 Answers | Asked in Civil Litigation and Consumer Law for California on
Q: In CA, can a client of a law firm request a mobile notary to sign to dismiss the contest to a will? Client is ill...home

The law firm was hired on a contingency basis over 18 months ago. The client decide to drop the case 6 weeks ago, but the law firm refused to let her drop the case saying she needed to think about it and wait 30 days before they would accept her decision in writing and thereby dropping the case in... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 21, 2024

There are many twists and turns in the law and rules surrounding it, it seems every rule and every exception to the rule has another rule/exception. THE GENERAL RULE surrounding this instance is that of course the individual can instruct the firm not to go on, and to drop the case. This would NOT... View More

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