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California Contracts Questions & Answers
1 Answer | Asked in Banking and Contracts for California on
Q: Hello I returned a car lease and am being charged for the car being sold for less it’s value

I returned a lease and took another one from the same dealership when they returned the car to the finance co the car was sold for less then the car is worth and now I am being charged for the difference the dealership is saying it’s not their problem am I responsible for the difference

Maurice Mandel II
Maurice Mandel II answered on Oct 26, 2020

You need to review the terms of your original lease and/or financing agreement. When you return a car at the end of he lease you are at the mercy of the dealer/financing agent, who sell the car at the easiest price to obtain, usually at a dealer's auction where the cars go for a fraction of... Read more »

1 Answer | Asked in Contracts, Business Formation, Land Use & Zoning and Landlord - Tenant for California on
Q: I am looking to purchase a small business auto repair shop, primarily to get the lease for the location. Is it possible

Ideally I do not want to purchase the business name etc I will change it to a smog check station. Also if you can go over the lease it would be great.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 25, 2020

Yes, what you are requesting is possible ... and, as you might imagine, there are a number of other issues to consider. I would recommend that you schedule a few initial free consultations, by video call or telephone call, with two or three different attorneys ... Shawn Jackson - Business... Read more »

2 Answers | Asked in Consumer Law and Contracts for California on
Q: If the seller of a motorcycle misrepresents the year and condition can I demand a refund?

The bike was advertised as a 2003 when it was a 2001. Bike was advertised as excellent condition with no issues. The bike has a major oil leak that only shows up after riding it for 15 minutes or more.

Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

You have a lot of issues about the purchase of this motorcycle. Perhaps you should just sue the seller in Small claims and put it all before a judge there, because apparently it is not worth enough for you to retain an attorney to assist you to sort this out. The other post about the DMV manager... Read more »

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1 Answer | Asked in Contracts for California on
Q: Writing and NDA for over seas contract

I want to work with a contractor that is based in Russia, and I need an NDA that would legally hold the contractor accountable if there was a breach in the contract that required us the go to a US court. Are there templates of NDA's that take into consideration working with someone over seas?

Maurice Mandel II
Maurice Mandel II answered on Oct 23, 2020

You probably need a custom NDA. To me the bigger question is, once this Russian contractor breaches the NDA, how are you going to enforce it? Go to federal court here and get an injunction against someone in Russia? Who do you think will enforce that? Putin? If they don't have a... Read more »

2 Answers | Asked in Consumer Law and Contracts for California on
Q: Business won't return my gates after painting them. No $ has been paid yet. Are they stolen property now?

Verbal and email agreement says we pay when delivered. They keep putting off delivery. We'll be glad to pay when they get here.

William John Light
William John Light answered on Oct 20, 2020

I doubt that they are required to return the gates before you pay for them. They have a mechanics lien on the property until they have been paid for their work.

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1 Answer | Asked in Contracts and Real Estate Law for California on
Q: If I have a roommate leaving am I responsible for finding a new roommate? I moved in after the current roommate.

If I have a roommate leaving, am I responsible for finding a new roommate for the landlord? I moved in after the current roommate.

Also, can they force me to pay for the other roommates cost once they leave? Or am I only legally allowed to pay for my agreed share?

Maurice Mandel II
Maurice Mandel II answered on Oct 20, 2020

What you are responsible for is seeing that 100% of the rent gets paid. If you have a roommate that pays part, that is good, but this does not mean that the LL is obligated to find you a replacement if that RM leaves. The roommate benefits you, not the LL. So if the roommate moves out, you are... Read more »

1 Answer | Asked in Business Law, Contracts and Real Estate Law for California on
Q: A new small business owner is looking for an advise on the commercial lease situation and potential representation

I signed my commercial lease to open a boutique fitness studio in March 2020, right before the locked down that no one could have predicted at the time I signed my lease. Due to a number of factors I still don’t have possession of the place, haven’t started buildout and my commencement period... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 18, 2020

Understood ... so, your first step is to engage an attorney of your choice to schedule a free initial video call consultation ... which starts with you emailing us a copy of the signed commercial lease ... you have several options depending upon the signed lease and the surrounding facts and... Read more »

1 Answer | Asked in Contracts for California on
Q: Sellers right to cancel contract to sell vehicle. Private party. Signed a sellers agreement. Less than 24hrs the buyer

Was inform that I’m not going to complete my side. I’m not able to pay off loan. Buyer now wants proof of amount owed and doesn’t want to take his deposit back. Threatening litigation.

Maurice Mandel II
Maurice Mandel II answered on Oct 14, 2020

Ralph Kramden used to threaten to send his wife Alice "to the moon!!!" People can threaten a lot of things, kind of like tots having temper tantrums. If you had a conditional agreement to sell based on being able to pay off the loan, then the buyer does not have any right or interest in... Read more »

1 Answer | Asked in Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Bait and switch for a apartment I was going to move in to. I already signed the lease and gave 30 day notice.

I'm disabled and on section 8. I found a apartment in Sep I was interested in. I found the listing on SMChousingsearch.org. It's a listing site for those on section 8, It's provided San Mateo county housing authority. I gave my 30 day notice to housing authority and my current... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 9, 2020

You have been subjected to a Civil Fraud. You have preserved your evidence, now you need to decide what to do about it. The immediate problem is where you are going to move to, you have to live somewhere, you might want to move into the apartment where you can keep a closer eye on them and... Read more »

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can a company refuse to send me an invoice or a bill and demand me to pay only on the phone?

I have been leasing a car with this company (short term lease) that operates through a mobile app. I was required to link a bank account for the weekly payments. For two years, the payments were processed weekly, and I received the invoice through the mail every week. Last month they called me and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 9, 2020

IMO your alarm bells are ringing for good reason. This sounds like a scam to get your bank information. Take all precautions, such as calling the company instead of just taking calls. Get the name and employee ID number on each person you speak to. Do not just deal with a clerk ask to speak to... Read more »

2 Answers | Asked in Animal / Dog Law, Civil Litigation and Contracts for California on
Q: Please note there are no written contracts. Have co-own show dogs with another person for 8 years. No problems with us.

Another breeder (note: she is a multi-millionaire) offered stud services at no charge. Have 3 females each with puppies by the stud owner's males. Her stud boys have many champion offspring. She wants one to be top stud dog in USA with champion offspring. She offered to pay for the... Read more »

William John Light
William John Light answered on Oct 4, 2020

If your story is accurate, then the breeder does not own your dogs or your puppies, but you will have to hire an attorney to defend against whatever her claims are. It is unclear whether you have any claims to assert against her.

I find the story a little far fetched. She offers stud...
Read more »

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3 Answers | Asked in Contracts and Employment Law for California on
Q: Do I need a lawyer to review an employment separation agreement?

Laid off 10/2. Reason was reduction in company expenses due to lack of sales from Covid-19. Male, 61 with disabilities. Employment duration 8 years 11 months. All performance reviews have been very good to excellent. Younger less experienced and lower paid employees not affected. Received a... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 2, 2020

A separation agreement is really nothing more than a settlement agreement. The employer is offering to settle any claims you may have against it in exchange for a payment of money. Whether or not you sign the agreement as presented or not will depend whether you have any valuable claims. You may... Read more »

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1 Answer | Asked in Contracts for California on
Q: Hello How much does a power of attorney cost for doing office work and renting an apartment in Los Angeles? Thanks

I am an Iranian-American citizen and I celebrate Nowruz in Iran every year and this year after a trip to Iran, the coronavirus spread I can not return to the United States at the moment, and 2 months ago my apartment lease contract it's over.

I am currently in Iran and I want a lawyer... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 1, 2020

International law can be tricky. IMO you need to go to the American Embassy with a POA in English and have it notarized by a consulate official there in order to have the best effect. The POA will be in the name of whomever you choose to act on your behalf. Have you contacted your LL to see if he... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for California on
Q: My dentist refuses to abide to the insurance in-network contract and has charged me more than the allowance for braces.

The insurance has already called them more than once to inform them that there is an allowance but still they are overcharging me. A financial agreement was signed and the dentists stated on the agreement that those were the allowed insurance and treatment charges but it was all a lie and fraud. My... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 28, 2020

You could file such a lawsuit, but IMO what you really have is a run of the mill breach of contract suit against the dentist. This really is not something to be excited about, and it is not going to go to the Supreme Court. You should write a calm and polite letter to the dentist with a copy of... Read more »

1 Answer | Asked in Contracts for California on
Q: Complaint served on July 28th. Pro se Defendant attempted to file answer twice but denied because of procedural errors.

First procedural error was lack of proof of service. Second for lack of fees. Request for entry of default entered on August 28th after personal service. Defendant hires attorney on September 18 who demands dismissal of default. How probable is the defense to win on excusable neglect-given... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2020

Hmm, let me consult my crystal ball about the chance a Judge will decide in your favor. Eureka!! It says you have a very good chance of overturning the default based on public policy!!!! The best things in your favor are your two TIMELY failed attempts while in Pro per, and the fact that you... Read more »

1 Answer | Asked in Contracts for California on
Q: Does a breach of contract void out the contract?

I signed a contract that stated I could cancel services anytime for any reason minus a $100 fee and be refunded. There is a privacy clause in it that states I cannot talk about the contract or post anywhere online (like yelp) about my experience or services. If the person has not refunded me the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

"The first rule of Fight Club is you don't talk about Fight Club." Under contract law, it depends whether this is a covenant or a condition. If the honoring of the terms of the cancellation is a condition to your being silent, then the failure of the condition relieves you of your... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Mergers & Acquisitions for California on
Q: Is a Contract automatically canceled that do not have a force majeure clause language in the contract?

I have a wedding scheduled for the end of this year in Los Angeles county CA. However California restrictions do not allow any indoor events. My contract do not have any Force majeure language. If the venue cannot host my event do to the COVID-19 pandemic Restrictions or if it is unreasonable To... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

I know weddings can be very expensive, however, it may be difficult to find an attorney by posting a question on this site, Our TOS do not allow us to write a response that solicits you to call us. You have to find an attorney and call them. Next, there is no "automatic cancellation."... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for California on
Q: Is there a limit to how much you can increase rent to the same renter after the initial lease expires?

As a favor to a friend, I plan to lease them a furnished condo at $1300/mo for 4 months. After that period, I would like to write a new month-to-month contract at the going rate of $2000/mo. Is this large rent increase allowed under CA law? It would be a new contract. They just sold a house and are... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 8, 2020

You may be limited to a 10% increase per year. I would suggest that you make the rental agreement for the $2000, and give them a rent credit of $700 per month for the first 4 months, after that the full amount of the rent will be due. Or you could give them a scaled credit, month 1- $700, 2-... Read more »

1 Answer | Asked in Contracts, Copyright and Intellectual Property for California on
Q: Does an addendum to a talent release for services override the original release? Or is it in addition to?

Signed talent release for my services as an actor(music video) and photographer(still film self-portraits). Part of the release grants license for prod. co. to use photos I took on set but explicitly states I get to keep copyright/ownership of my photos (which I made sure they added in). Long after... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 6, 2020

You took the trouble to outline your matter in considerable detail and you await a response for five weeks. It could be difficult for the copyright, entertainment, and intellectual property attorneys here to answer your question. Any attorney is going to need to see the contract, and the format of... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for California on
Q: Do I have a case against the tenant or the leasing office for distributing a check without everyone's consent?

Background: Shared leasing contract on a rental between 4 tenants. Lease ended July 3,2020

Issue:

A tenant emailed the leasing office and had the security deposit sent to herself by the leasing management without consulting the other tenants or having the rest of the tenants consent... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 1, 2020

I cannot tell what role you played in all of this, you do not say if you are the owner or one of the co-tenants that was under reimbursed. If that is your role, there is possible a breach of fiduciary duty with possible punitive damages against the person who embezzled the money. File in small... Read more »

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