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1 Answer | Asked in Contracts and Employment Law for California on
Q: Convertible Notes, Stock Shares, Cap Table?

I'm new in the company and this is my first job as an Executive Assistant, one of my task right now is our legal due diligence. Our lawyer stated that the convertible notes our founder provided is incorrect. I responded to her by asking help on how to rectify it because 1.) Our founder is... Read more »

James L. Arrasmith
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answered on Apr 1, 2023

Convertible notes and stock shares are common financial instruments used by companies to raise funds and compensate employees. A cap table is a record of the company's ownership structure and can help track the allocation of shares and ownership stakes.

If your lawyer has indicated...
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1 Answer | Asked in Contracts, Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: I signed paperwork for the dentist to sedate me and they didn’t. I had an awful experience. Can I sue?
Joel Gary Selik
Joel Gary Selik
answered on Mar 31, 2023

While such a case is possible, there are two hurdles that need to be overcome. First, due to the nature of medical malpractice cases, your damages, and not be sufficient to warrant time and expense of a lawsuit. Second, you have to show that it was below the standard of care in that circumstance to... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: If I have a lease that renews yearly per the lease which will renew on the 1st of May can I ask to move to monthly lease

It is my intention to move within the next 6 months but my lease renews for a year on the 1st of May. Can I advise landlord in writing that I do not wish to renew a year lease and would prefer to move to a month-to-month basis while I am looking for a new residence. It is possible that I may move... Read more »

Joseph Jaap
Joseph Jaap
answered on Mar 31, 2023

You can ask, but the landlord does not have to agree to month to month. If it renews automatically for another year, then you might not be able to break it if you have to move. You might ask landlord to include an early termination in which you would pay some extra amount to terminate, but... Read more »

1 Answer | Asked in Contracts, Copyright, Civil Rights and Intellectual Property for Pennsylvania on
Q: Can I share a recorded video that both parties were aware of even if I am getting it from a private site?

PA is a 2-party consent state. This recording was taken with both parties' knowledge and consent and specifically taken by party B. Party B then posted the recording to a private site that only party A and party B have access to. Would it be illegal for party A to take the recording off that... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 30, 2023

You have a complicated pattern. You need to consider not only privacy issues, but also copyright ownership. You should consult with an attorney.

1 Answer | Asked in Contracts and Insurance Bad Faith for Florida on
Q: $5,000 or $%25?

In an insurance contractor contract it's specified that in order to exit the contract the claim owners need to pay the contractors %25 or $5,000. It is not specified which one takes precedence. Is it up to the contractor to choose which one or does it default to whichever one is less?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 30, 2023

A rule of construction (interpretation of contractual language) is that ambiguities are resolved against the party who drafted the ambiguous language. So, assuming that the other party (an "an insurance contractor", whatever that is) drafted it, it would be whichever is less.

1 Answer | Asked in Contracts for Utah on
Q: I recently purchased a vehicle at a dealership. I was lied to and purchased the service contract. Can I still cancel?

I bought a service contract 23 days ago, and it says you can only cancel within 10 days. There were some important details about the service contract that the salesman lied to us about in order to convince us to buy it. Is misrepresentation a good idea to successfully have contract cancelled?... Read more »

Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

You may be able to fight this contract but additional information would be needed to give a meaningful evaluation. Typically, when you sign a contract you are expected to know the contents thereof and often times such contracts disclaim representation made by employees regarding the contract. It is... Read more »

2 Answers | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for New York on
Q: I guess the question is, how in any way could a contract, lease, agreement, etc. be enforceable if it wasn't signed?
Carl Nelson
Carl Nelson
answered on Mar 30, 2023

Contracts generally do not need to be in writing to be enforceable. Certain types of contracts do, such as those for the sale of real property or leases for periods of more than year. But unless excepted from the “statute of frauds” which requires certain agreements to be memorialized in... Read more »

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1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for New York on
Q: My sister was "offered an agreement" in her mobile home park. She did not sign the lease. Is she bound by the agreement?
Carl Nelson
Carl Nelson
answered on Mar 30, 2023

As a general matter, and there may be some exceptions where, e.g., performance begins or acceptance may be implied, an “offer” is just that, and until both sides agree (by the other side accepting the offer) to something, it is not enforceable.

1 Answer | Asked in Contracts, Civil Rights and Employment Law for Indiana on
Q: Can I reinstate EEO claim if federal settlement agreement was not honored and I didn't contact Resolutin Mgmt in 30 days
James L. Arrasmith
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answered on Mar 30, 2023

Under federal EEO laws, employees who believe they have been discriminated against in the workplace can file a complaint with the Equal Employment Opportunity Commission (EEOC) and pursue a legal claim. In some cases, these claims are settled through a federal settlement agreement.

If you...
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1 Answer | Asked in Contracts and Civil Litigation for North Carolina on
Q: Can anyone refer me to an attorney to file a civil suit in wake county to get back 2 vehicles I consigned to a dealer.

DMV said I need a lawyer for "claim and delivery" for vehicles. DMV investigated and put a block on my 2 titles so he cannot sell them. In early March DMV officer K.F. Dalton told the dealer (who permanently lost his dealer license in Nov 2022) to return my vehicles but he ignored them... Read more »

N'kia (NLN)
N'kia (NLN)
answered on Mar 30, 2023

Claim and delivery is not an issue that comes up every day, like traffic tickets. So, most attorneys will go their entire career without ever handling one of these.

However, if you're specifically looking for an attorney who already has experience, you might try an online search for...
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1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: I defaulted on a secured loan. They never tried getting the car I put as security? Can they sue me without taking car?

I defaulted on a secured loan. I paid on it for a long time but the loan wasn't getting any smaller. I couldn't afford it anymore. They never came after my car that I secured the loan for but they have just been sending me papers saying they want the money. I never hid the vehicle from... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 29, 2023

You may be sued without any attempt for the lender to take back the vehicle.

1 Answer | Asked in Contracts and Civil Litigation for New York on
Q: The reason for my failure in using the statute of limitations was that just before the 6 yr period elapsed in NY.

I was supposedly served by mail, yet my claim is I was not and there is no supporting documentation to prove it. No affidavit of service , no certificates usps signed return, nothing but an envelope with a return address and no identification on it.

How do you claim service if there is... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 29, 2023

In general duplicative motions are not allowed. A motion to vacate or renew might be appropriate. You haven’t included all the relevant information in your question. No attorney should advise you without reviewing the facts and court documents in your case.

1 Answer | Asked in Contracts for Florida on
Q: after a car lease is paid off. do you have to come up with the residual value on contract in full or can i make payments
Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2023

That is solely a matter of agreement between you and the lessor. Start by determining if the lease mentions the ability to pay in installments (probably doesn't). If not there, propose an installment plan. The lessor can either be kind and work with you, or not. If not, and financial... Read more »

1 Answer | Asked in Civil Litigation, Collections and Contracts for New York on
Q: How do I create a motion to dismiss in NY based on a time lapse of 13 yrs (dormancy) with regards to a rental contract?

Had an agreement with an apartment complex back in 2010. Moved out and didn’t hear from them for quite sometime.

All of sudden started being harassed by a debt collection agency. Asked for them to produce a right of ownership of debt and written contracts. They were unable to do... Read more »

Michael David Siegel
Michael David Siegel
answered on Mar 29, 2023

You did not state the reason for the failure of your defense, but you are not handling this correctly, and you should really talk to a lawyer if the sum being sought justifies it. You should answer to avoid default, and not re-make the same motion you already lost. Service issues are not relevant... Read more »

1 Answer | Asked in Small Claims, Collections and Contracts for New York on
Q: I was contacted by a lawyer who presented himself as "a debt collector" through a motion to disclose in New York State.

The action in question was a contract for a rental agreement, Between a company that I can no longer locate and occured in 2010.

It is my belief that this lawyer, debt collector, purchsed the debt and after 13 yrs.

although there was some contact before the 6 yr period elapsed,... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 29, 2023

Realistically you need the help of an attorney to prepare your motion papers, or at least review what you plan to submit. That is what is indicated from the way your case has proceeded so far. Alternatively you can continue on your own and accept whatever result comes. Be aware that if the case... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Bankruptcy and Estate Planning for Alabama on
Q: Joint ownership of purchased property pre inheritance by step mom 3-4 yrs later made own mortgage contract only 2 signed

Step mother now pushing breach of contract also we are in bankruptcy.

Timothy Denison
Timothy Denison
answered on Mar 29, 2023

Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.

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1 Answer | Asked in Contracts and Civil Litigation on
Q: application to a judge.Can you ask for person be charged with possession of stolen property or mischief under fifty thou
John Michael Frick
John Michael Frick
answered on Mar 28, 2023

Ordinarily, crimes like those you mention need to be reported to law enforcement for investigation. Law enforcement would then provide information to the district attorney’s office who would make the decision whether to file charges or to seek an indictment.

Typically, only then would...
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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for California on
Q: It is worth it to sue or take the $900.00 offered and live with the fact I was shafted?

Got covid on a cruise. Had to isolate after the cruise in Vancouver BC and pay out of pocket which was to be reimbursed by Royal Caribbean. Took many months but RC sent a check for $1700.00 to Hilton Grand Vacations in Utah as they were used to book the cruise. HGV then sent a check for $900.00... Read more »

James L. Arrasmith
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answered on Mar 28, 2023

Whether or not it is worth it to sue or accept the $900.00 settlement offer will depend on the specifics of your case and your personal circumstances.

If you feel that you have a strong case and that you could potentially recover more than $900.00 by suing the cruise line or Hilton Grand...
Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: If someone signed a contract to buy a home and the person buying the home hasn't paid the money yet and the person can

The seller sell to so.eone eles

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 28, 2023

The answer to this question depends on the specific terms and conditions outlined in the contract that was signed by the buyer and seller.

If the contract includes a contingency period, which is a specified period of time during which the buyer can perform due diligence on the property and...
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1 Answer | Asked in Contracts, Criminal Law, Tax Law and Business Law for California on
Q: Should I file a fraud case against my CPA for fraud and embezzlement I had to sell my company to him

I had to sell the company to him due to the fact he did not pay the federal employee tax which went up to 1.2 million or so

I need a lawyer to help me with this case

He has already been disbarred in Nevada and California is also looking into it

Dale S. Gribow
Dale S. Gribow
answered on Mar 27, 2023

First, Consult with a lawyer asap.

More info is needed to explain why you sold co to your CPA

Hopefully, your lawyer had malpractice ins, if so make a claim.

Otherwise, if there is provable negligence, sue and attach his assets

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