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2 Answers | Asked in Contracts, Civil Litigation, Entertainment / Sports and Small Claims for California on
Q: I just need an attorney to respond for me and review a case in which I was never served. How much should this cost?

It’s frustrating looking for a civil attorney in Riverside County everyone I called wants $25-$50,000 just to respond to a letter is this common? I only discovered that I was served because of my credit search that was the only way I found out.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 11, 2025

Your problem is not limited to a letter: even if the other side agrees to vacate the Judgment, you will still have to deal with the underlying lawsuit. The lawyers don't want $25-$50K to respond to a letter, except in the sense that "respond" involves representing you in a civil... View More

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1 Answer | Asked in Contracts for Florida on
Q: Can a person be legally served papers if they are served to a housemate and their last name isn't obtained?

I was handed papers for a housemate, but the server did not take my last name, is it still considered, in the state of florida, that those papers are served legally?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 10, 2025

Yes. The server can serve anyone who is age 15 or above residing in the same house unless personal service is required to the named person. Personal service is generally required for service of a final judgment or a subpoena to appear in court, but not for complaints that initiate litigation.

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Can I sue the apartment on a small claim for not fixing my dishwasher when I moved in and they won't fix it.

I moved into an apartment in September and submitted three requests for a dishwasher repair, but it was never fixed. The manager then said there was nothing they could do about it. Knowing the dishwasher was truly broken, I hired a professional to fix it, which they did, and then billed me. I paid... View More

Wesley Winsor
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Wesley Winsor
answered on Feb 10, 2025

The ability to sue your landlord or apartment complex for the cost of repair and partial rent refund depends largely on the terms of your lease or rental agreement, as well as the specific circumstances surrounding the repair. Here's what you should consider:

Lease Agreement: Carefully...
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2 Answers | Asked in Contracts and Internet Law for Texas on
Q: Need help with a company (in an agreement) that is charging me for e-mail addresses that I can't use (CAN-SPAM act).

I have signed an agreement with an online company (ZoomInfo) where I pay a monthly amount for a period of 24 months. The information that they provide is contact information for business individuals where I can filter for a specific targeted audience. They provide company names, individual names,... View More

John Michael Frick
John Michael Frick
answered on Feb 7, 2025

Your understanding of the CAN-SPAM Act is flawed. You actually can send out cold intro emails without prior consent, but the Act requires such emails to meet certain specified criterion. Among other things, the email must indicate that it is an advertisement and must have an... View More

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2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Can I bypass the arbitration clause in a contract if the company has not finished the job in a reasonable amount of time

We hired Flagship Solar in California to install solar panels on our roof. However, our roof wasn't suitable for the installation, so the solar company contracted Daniels Roofing to replace the roof before proceeding. Since the new roof and solar panels were installed, we’ve experienced... View More

Diana Isyanova
Diana Isyanova
answered on Feb 6, 2025

Sorry to hear about your situation. Whether you can bypass the arbitration clause depends on the specific language of your contract and the circumstances of the dispute. Arbitration clauses are generally enforceable in California, but there are limited exceptions. For example, an arbitration... View More

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2 Answers | Asked in Contracts and Construction Law for New York on
Q: Contractor stopped showing up. What do I do?

The contractor has done half the work and has received half the payment. For three months, he has said he will return and has given me a date on four occasions, but never showed. He gave me an excuse the first time, but never communicated why since then.

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

You can sue in small claims or town or city court, depending upon the jurisdiction and amount. Once you are successful if you prove your case, you will probably chase your tail trying to get paid on the judgment unless you can garnish his earnings Often, contractors who take your money and... View More

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2 Answers | Asked in Contracts and Employment Law for California on
Q: Settlement reached with timeline to meet all requirements. Timeline breached, but requirements met after. What then?

This settlement aimed to avoid state penalties for employer. They set timeline for payment in their contract. Payment was due in 5 business days but was disbursed incorrectly. They claimed it was complete, forcing you into repeated disputes over misclassified payments. They corrected one item after... View More

Brad S Kane
Brad S Kane
answered on Feb 1, 2025

While no one can give you competent advice without reading the settlement agreement, as a general rule, if a party pays and corrects their mistakes within 4 days, then the contract is probably still enforceable under the doctrine of substantial compliance. If you want to void the contract, then you... View More

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3 Answers | Asked in Contracts, Employment Law and Employment Discrimination for California on
Q: WFH compny holds legal benefits till after 90 days to employee. Claims it's legal. Deposits cash only to his acct.

Company claims actions legal on workers benefits. Holds benefits till after 90 days of starting training and working. Only asks for employees Federal I.d. and valid bank account to deposit cash payments once a week. And holds 1 week back after employee starts to work. When asked about contract they... View More

Brad S Kane
Brad S Kane
answered on Jan 30, 2025

Bathroom breaks do not count toward your 10 min rest break every 4 hours. The employer is required to provide paystubs showing your hours and earnings. The employer is required to reimburse for all necessary business expenses including electricity and internet if you are working remotely from the... View More

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: I am being told I have to pay until the 29th of march and stay until the 29th of march when my lease ends on march 10th.

I don’t understand why I would have to stay and pay past the date my lease agreement says.

Erik A. Perez
Erik A. Perez
answered on Jan 29, 2025

You do not have to stay past or pay for days beyond the end date of the lease that was executed by the parties. Technically, it would be a breach of contract if you stay beyond the date agreed to by the parties. I would not stay beyond that nor pay for it if the contract says otherwise.

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Real Estate Law for Michigan on
Q: If I am under contract to buy a property, can I report inspection findings to the city?

I am under contract to purchase a rental property currently in the process of receiving a rental liceance from the city. My purchase agreement stipulates that the rental liceance must be granted before the deal is closed. During pre-purchase inspection, several major structural and health issues... View More

David Soble
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David Soble
answered on Jan 29, 2025

The purchase agreement that requires the rental license to be granted before closing should also already include a clause for notifying the seller of inspection results and of your satisfaction with said results. If serious issues are found, the seller must either fix them or release the buyer from... View More

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Do we need a lawyer to draw up a sales agreement to be legally binding or can we just have it notarized

Can it be self typed and witnessed and notarized to be binding

Alexander J Tanios
Alexander J Tanios
answered on Jan 29, 2025

Contracts in Florida typically do not have to be notarized or witnessed, unless the contract is found on the deed itself such as a "contract for deed" or "Land contract." You are best served by having a lawyer review or draft the sales contract because there are several expenses... View More

2 Answers | Asked in Contracts and Real Estate Law for California on
Q: How to get earnest money deposit back for a home purchased in california? our contract has no contingency clauses

I recently purchased a property in California and paid my earnest money deposit 10 days ago. However, I’ve since discovered that the house is located at a T-junction, which was not disclosed by the seller or their agent. There are no finance or loan contingencies in my contract(no contingency... View More

Pavel Kolmogorov
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answered on Jan 28, 2025

In California, a seller has a common law duty to disclose facts materially affecting the value or desirability of the property if those facts are not known to or within the reach of the diligent attention and observation of the buyer. This duty extends to the seller's agent as well.... View More

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1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: When a person is sued can they have every last penny they have be taken from them ?
Peter H. Westby
Peter H. Westby
answered on Jan 28, 2025

No. Some assets are exempt in Arizona such as house equity up to $400,000.00, IRAs, 401Ks, 90% of wages, social security, unemployment benefits, welfare and other assets. Most exemptions are set forth in Arizona statutes ARS 33-1101 to ARS 33-1153.

2 Answers | Asked in Contracts, Criminal Law, Divorce and Family Law for Florida on
Q: In Fl, can a notory notorize her live in boyfriend's divorce papers that she filled out, paidthefeefor,and turns in 4him

My soon to be ex husbands live in girlfriend (who is also the notory) filled out dissolution of marriage packet(handwritten,not typed), notorized, turned in to be filed, AND paid the filing fee. All he did was sign, she did everything else. She also put the wrong date FOR date of marriage, plus the... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 24, 2025

In Fla., an unmarried significant other is permitted to notarize their partner's signature unless the notary has a financial interest in or is a party to the underlying transaction. Being a notary does NOT give him/her the right to represent her partner - only a lawyer can lawfully do that.... View More

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3 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for California on
Q: If a morgage servicer reported inaccurate information to the credit bureaus can you sue them in court?

I have receipts for the payments. Guy reported inaccurate information. I’ve been denied two loans because of it. Guy harassed the hell out of me with phone calls and letters motivating me to sue the morgage servicer. FCRA and TCPA.

Pavel Kolmogorov
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answered on Jan 24, 2025

Absolutely. If you have proof (like receipts or bank statements) that you’ve been making your mortgage payments on time, but the servicer is still reporting late or missed payments, that can form the basis of a lawsuit under the Fair Credit Reporting Act (FCRA). The FCRA requires companies to... View More

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1 Answer | Asked in Contracts and Entertainment / Sports for Georgia on
Q: is it illegal to photograph minors at school sports and sell them to the general public without consent
JJ Poole
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answered on Jan 21, 2025

The legality of photographing minors at school sports events and selling those photographs to the general public without consent can be complex and may vary depending on jurisdiction. However, there are several general principles that can and should be considered:

Expectation of Privacy:...
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2 Answers | Asked in Consumer Law, Contracts and Civil Rights for California on
Q: I have prosthetic leg, sandals, flip flops don’t stay on my foot. I wore sneakers into sauna and was kicked out. Rights?

I told the 24 hour fitness employee my situation and he told me get out of the sauna or I’m shutting it down. I was embarrassed in front of a bunch of people. I told him shutting it down won’t stop anyone from slipping. I was wearing Skechers slip ons, they are easy to put on and take off.... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 21, 2025

You do have rights which might be protected under the Unruh civil rights act.

You should search for civil rights lawyers in the Bay Area, or in the county where you live.

I suggest you prepare a chronological statement of the facts, identify all the witnesses, and what they will...
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2 Answers | Asked in Consumer Law, Contracts, Copyright and Intellectual Property on
Q: Is it legal to redistribute the games of Chessbase's Database? Or does Chessbase "own" the games?

Chessbase provides a chess database for personal use for (a lot of) money. My understanding is, that they are selling the data*base* and not the data itself (i.e. their file format/structure of the database) and the redistribution of that would be illegal under copyright laws. But the games and... View More

Sarah Teresa Haddad
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answered on Jan 21, 2025

Some parts of games are subject to copyright protection. This includes the game's artistic elements, like the music, art, and dialog, and the computer program that runs the game. As such, reproduction of these elements may be considered copyright infringement, depending on the purpose and... View More

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1 Answer | Asked in Contracts for Tennessee on
Q: is it discriminatory for a business to refuse service on the basis of pregnancy?

The gym that I'm a member of is refusing to allow me to use the equipment due to my pregnancy despite only being 8 weeks along.

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2025

A Tennessee attorney could advise best, but your question remains open for a week. Yes, you could raise the argument that it is discriminatory. They could raise the argument that they have the right to invoke policies that protect themselves from members who file injury claims on the grounds that... View More

1 Answer | Asked in Contracts, Personal Injury, Health Care Law and Public Benefits for Florida on
Q: How do I tell if my short term disability allows me to work an at home job when I can't physically drive to my job?

I know to look for the "Own Occupation" Claus in my policy, I just don't know if I'm reading this right.

"Definition of Disability

You will be considered disabled if, as a result of physical

disease, injury, pregnancy or mental disorder:... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Jan 17, 2025

Hello. There are several important questions that are needed in order to properly answer this. Question one what is your occupation to? And What paperwork did you submit to your insurance company?

A “greeter” at a Walmart, obviously needs to be in the store in order to greet visitors....
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