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1 Answer | Asked in Contracts, Criminal Law, Business Law and Landlord - Tenant for California on
Q: Can storage unit owner take my property without any notice?

I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The... View More

James L. Arrasmith
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answered on Jul 21, 2024

The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing... View More

2 Answers | Asked in Contracts, Antitrust, Civil Rights and Constitutional Law for Alabama on
Q: Can a Volunteer Fire department demand you quit a EMS Volunteer squad set up in the same town/building ?

New Fire cheif started undermining EMR Volunteer prior to changing Bylaws of the Firefighter Volunteer department. Now claims it's a conflict of interest for members to be apart of EMS Volunteer and Firefighting. Dispite prior to Bylaw change this was common and he was on both sides with low... View More

James L. Arrasmith
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answered on Jul 20, 2024

In your situation, it sounds like the new fire chief is attempting to impose new rules that weren't previously in place. The requirement for you to quit the EMS volunteer squad due to a claimed conflict of interest seems unreasonable, especially since both groups were functioning well together... View More

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1 Answer | Asked in Contracts, Employment Law, Arbitration / Mediation Law and International Law for Texas on
Q: I am freelancer from Pakistan, working for a US firm. Employer is delaying my payments.

Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now and most of my clients/employers are from the US. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in November 2021. I have been getting all my... View More

James L. Arrasmith
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answered on Jul 20, 2024

It sounds like you’re dealing with a very frustrating situation. It's essential to address this issue promptly to ensure you receive the payments you’re owed. One option is to thoroughly review your contract to understand your rights and any clauses regarding late payments or dispute... View More

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Arbitration / Mediation Law for California on
Q: My question is about 553 ca arb ,it has been about 4 years

I need legal advice on a potential predatory lending and unlawful repossession issue. Four years ago, I bought a car, and the lender changed due to the original lender going out of business. The new lender engaged in what I believe were predatory practices, including repossessing my car at 2 AM... View More

James L. Arrasmith
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answered on Jul 19, 2024

You have a complex and distressing situation involving potential predatory lending and unlawful repossession. Under California law, you may have several legal avenues to explore. The repossession without notice and the unconventional payment demands may constitute violations of your rights under... View More

1 Answer | Asked in Contracts and Real Estate Law on
Q: Can a contract be drawn up requiring me and my partner to return the gifted deposit, if the house is sold or foreclosed?

My family are giving 60k to my partner for a house deposit. However, as first time buyers I cant go on the mortgage due to being a student. In the contracts it states it is a gift. However, we were wondering if it would be possible to have a contracted drafted stating if we become in financial... View More

Anthony M. Avery
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answered on Jul 17, 2024

Your Parents will want a Deed of Trust securing their loan by Note signed by the borrowers. However it may have to be a second priority mortgage which include a default provision for non payment of the first priority Deed of Trust. Hire a competent attorney, not a title co., to draft these... View More

2 Answers | Asked in Consumer Law, Contracts, Environmental and Insurance Bad Faith for Michigan on
Q: I had a rental policy for insurance on my house and it was destroyed by a tornado. I need a lawyer I'm not getting any

May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses

Scott G. Wolfe Jr.
Scott G. Wolfe Jr.
answered on Jul 16, 2024

If you file your insurance claim, the insurance company has obligations -- mandated by the state -- to reply, and to be "on the clock" in processing your claim. Here are a few things to keep in mind.

First, you are dealing with a property insurance claim if this is related to...
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2 Answers | Asked in Consumer Law, Contracts, Environmental and Insurance Bad Faith for Michigan on
Q: I had a rental policy for insurance on my house and it was destroyed by a tornado. I need a lawyer I'm not getting any

May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

A claim involving the destruction of a house should receive prompt attention, in terms of investigation, damages assessment, alternative living arrangements, and other elements. You could reach out to attorneys who handle property damage losses involving insurance. Gather and organize your file... View More

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1 Answer | Asked in Contracts for New York on
Q: Verbal contract - client is backing out and unwilling to pay

I work as a freelance drafter. I have been working on a project that had an original scope of providing services for a new build. Our schedule slipped a week or so from agreed date, but was ready to submit completed work. I found out that the steel fabricator was unable to provide drafting for a... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 11, 2024

Depending on a detailed analysis of the communications and facts in your case, you may have a claim for promissory estoppel against the client. These claims come into play where there may not be a legally enforceable contract but you have detrimentally relied on the client's promises and... View More

1 Answer | Asked in Contracts for Minnesota on
Q: Contractor did not complete services

A contractor was hired to remove trees on my property, and asked for payment in full and never completed the work. It has been a month of excuses and promises of a refund with no results. I told him I would seek legal avenues, and he told me he would dissolve the LLC / declare bankruptcy if I did... View More

Robert Kane
Robert Kane
answered on Jul 10, 2024

You can sue the company and him personally. Allowing an attorney, like me, to evaluate, organize, send a demand and draft your conciliation complaint (up to $15,000) may be a wise investment. A well polished complaint will not only provide the judge a solid foundation to rule in your favor, but a... View More

1 Answer | Asked in Contracts for Texas on
Q: Can my friends dad take my motorcycle from me?

My friend purchased a motorcycle for me with the verbal agreement I would make payments to him. I have my bike. My friend was killed on the 4th of July. Can his dad take my bike? What can I do? My friend was the owner of a motorcycle shop and was going to put the title in the shops name till I... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Ownership of a motor vehicle, including a motorcycle, is passed by signing and delivering the certificate of title over to the new owner. This is commonly known. If the title to the motorcycle is in your deceased friend's name, it passes to his heirs either according to his Will (if he had... View More

1 Answer | Asked in Contracts and Employment Law for New York on
Q: I work as an employee for a small tutoring company. I am looking to resign and have questions about the contract.

My current contract is for a tutor as an employee. In my current contract, these are the only two provisions related to client payment and referrals:

Tutor agrees to accept no direct payment from clients (current and past) introduced by (company name) . All payments from clients will be... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

At the threshold, interpretation of contracts and their associated non-compete clauses requires a detailed analysis of the document, focusing on its language, its intended purposes, and its compliance with background law and public policy. It is really not possible to advise on the effect of a... View More

2 Answers | Asked in Contracts, Admiralty / Maritime and Cannabis & Marijuana Law for Tennessee on
Q: Was banned from a cruise line for making a YouTube video about Marijuana smoking onboard. Was never caught.

Someone saw the video and reported it to the cruise lines. And I was banned for life. Not for getting caught for smoking weed. Banned because of a video of me smoking onboard. Can I sue?

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

They'll do that. The short answer is that cruise lines have a no-marijuana policy. It's possible the video was flagged as a violation of policies, and that it could be used as evidence in subsequent proceedings if it appeared on social media or other public forums. Good luck

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1 Answer | Asked in Contracts for Florida on
Q: Bought a piece of heavy equipment that will not run can't be used any recourse, will insurance pay
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

A Florida attorney could advise best, but your question remains open for two weeks. It could depend on your contract and the type of insurance. If the deal was done "as is" and the insurance is limited to basic liability and physical damage, then probably not. If it was a repair-type... View More

3 Answers | Asked in Civil Litigation, Contracts and Employment Law for California on
Q: Can I sue someone if feel he brech contract on a settlement that both parties breached
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

If you're not a party to the contract, and don't have a stake in the matter, then the answer could be "no." The court could determine that you don't have standing to sue.

But since you're asking this question, it's a safe bet that you are a party to the...
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1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: Can someone demand past house pymts over a year later, without sending notice of late pymt EVER?

We are purchasing an owner financed home for $27,000 6% interest,15 year. We bought it 2012, the man we are purchasing from, is now in assisted living, & son has taken over businesses, we found out we haven't had insurance for over a year (that we paid for) so son starts looking into... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes. The statute of limitations for breach of contract is four years. As a condition precedent to collecting attorney fees in a suit for breach of contract, he is required to make a written demand for payment at least thirty days before bringing suit. If you pay the demand within thirty days,... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Civil Rights for California on
Q: does the following count as an eviction notice.

“ You are not a tenant at the apartment. It’s not my apartment I do not live there and you stayin there is not allowed. I am not a tenant and you are not one either there was no rental agreement between us and you are in MY apartment against my wishes. This is an unlawful occupation of my... View More

James L. Arrasmith
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answered on Jul 1, 2024

Based on the information provided, there are several important points to consider:

1. Tenancy status:

Despite not having a written lease agreement, you may still be considered a tenant under California law. If you've been living in the apartment for over 6 months and paying...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Security deposit dispute.

Landlord is charging me for a new stove when it's operable, but has scratches from normal use. They said their repair guy says it needs to be replaced because it's a fire hazard, but no proof. Their explanation was the finish being damaged and the burners being grease. All issues can be... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, there are several aspects to consider in this security deposit dispute:

1. Normal wear and tear: In California, landlords cannot charge tenants for normal wear and tear. Scratches from normal use on a stove that's at least a few years old would likely...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for California on
Q: ABC revoked my evicted tenants license to sell indefinitely. Tenants transfers license to a person who doesn’t lease.

All of this was done with out my consent they were open and selling illegally this weekend. Sheriff refused to help me. Rent past due since May 2024.

James L. Arrasmith
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answered on Jun 30, 2024

I understand you're dealing with a complex legal situation involving evicted tenants, licensing issues, and overdue rent. Let me break down the key points and provide some general guidance.

1. Eviction status: You mention "evicted tenants," but it's not clear if the...
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1 Answer | Asked in Contracts, Family Law, Internet Law and Juvenile Law on
Q: A guy made a deal with a 15 year old over instagram. The 15 year now wants out, guy claims he will sue. Can he do this?

A guy contacted my cousin who’s only 15 a few month ago and wanted to buy his Spotify account for some reason. He offered him 300$ and he said yes and handed out his password. When I found out about this I felt it was wrong and told my cousin to get out of the deal. 

He wrote the guy that he... View More

James L. Arrasmith
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answered on Jun 29, 2024

In this situation, it's highly unlikely that the person threatening to sue has any legal standing. Here are the key points to consider:

1. Minors and contracts: In most jurisdictions, minors (typically those under 18) cannot enter into legally binding contracts, with some exceptions....
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