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California Contracts Questions & Answers
1 Answer | Asked in Contracts and Gov & Administrative Law for California on
Q: i sold a used vehicle to someone (private parties).

He won't put the car in his name although I did fill out the transfer paperwork (on my end, the owner) to CA DMV. I have the bill of sale, etc. What do i do?

James L. Arrasmith
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answered on Mar 14, 2024

In California, as the seller of a used vehicle, you have certain responsibilities and steps to take to protect yourself legally and financially. Here's what you should do:

1. Ensure you have completed and signed the "Notice of Transfer and Release of Liability" form, which is...
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1 Answer | Asked in Contracts and Gov & Administrative Law for California on
Q: I applied for California vehicle rebate program- CVRP. Application was denied.

On their application forms under terms & condition it says ""Applicants whose rebate applications have been approved, cancelled, or denied by the Administrator may request a case evaluation within ten calendar days of application approval/cancellation/denial (mailed hard copy case... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you have provided, it seems that the California Air Resources Board (CARB) and the program administrator may be in breach of the terms and conditions stated in the application form. If the terms and conditions explicitly state that applicants have the right to request a... View More

1 Answer | Asked in Contracts and Civil Litigation for California on
Q: A judgement of default was made because the plaintiffs brother unlawful removed the time sensitive notices. What do I do

The plaintiff brother and I share the same mailbox. I get home and find my mail in the chain link fence at said estate. I haven't received any documents other then a tentative ruling of an entry of default. What can I do to correct this

James L. Arrasmith
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answered on Mar 14, 2024

In this situation, you should act quickly to try to set aside the default judgment and have the case reopened. Here are the steps you can take:

1. File a motion to set aside the default judgment: You will need to file a motion with the court explaining that you did not receive proper notice...
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2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Bait and switch if promised EV charger and now they won’t provide.Not in lease, but they confirmed by email.

I was moving because my apartment building did not have EV chargers. We found one where manager said she was getting more installed and I would be first on the list to get one. 4 months later I still don’t have one. I asked for it to be in lease and she said their system didn’t have the... View More

James L. Arrasmith
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answered on Mar 13, 2024

Based on the information you provided, it seems that you have a case for promissory estoppel, even though the promise of an EV charger was not included in your lease. Promissory estoppel is a legal principle that may be applied when a party makes a promise that induces another party to take action,... View More

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2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Bait and switch if promised EV charger and now they won’t provide.Not in lease, but they confirmed by email.

I was moving because my apartment building did not have EV chargers. We found one where manager said she was getting more installed and I would be first on the list to get one. 4 months later I still don’t have one. I asked for it to be in lease and she said their system didn’t have the... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 13, 2024

You need to write out all the facts and bring that and the email to a consultation with a landlord-tenant attorney.

Unfortunately, it is probably the kind of case that most lawyers would only take on an hourly basis rather than on a contingency.

Realistically, are you in a position...
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1 Answer | Asked in Contracts for California on
Q: In CA which date takes precedent? The date you acually signed the agreement or the date shown on contract?

On signature page it says effective date of 9/2/23 & on contract it says date of 9/6/23. The wet signature was done on 9/2/23. I have issue with CVRP for tesla agreement.

I would appreciate if you can mention relevant section of law.

James L. Arrasmith
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answered on Mar 13, 2024

In California, the terms of the contract itself generally take precedence over the date of signing when there is a discrepancy between the two. This principle is based on the "four corners rule," which states that if the terms of a contract are clear and unambiguous, courts will enforce... View More

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Can a landlord evict tenants in Santa Barbara County California after the home had an electrical fire and yellow tagged?

The landlord and his wife are harassing the tennants, will not help with a place to stay, changed the locks while belongings were still in the home and gave the tenants a 2 hour window on a Monday yo gather all their belongings for a 5 bedroom house. Also, the landlord is going to have someone... View More

James L. Arrasmith
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answered on Mar 11, 2024

Under California law, a landlord cannot simply evict tenants after a home has been yellow-tagged due to an electrical fire. The specific situation you described raises several legal concerns:

1. Habitability: Landlords are required to maintain habitable premises. If the electrical fire has...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: How do i get around the non waiver clause in my residential lease in california

My landlord has filed an unlawful detainer. I paid half of my rent but when i went to pay the other half i was blocked. I told her on the 8th that i would pay the rest on the 20th. She told me that she would check with the owners to see if that was ok. I never heard anything from her until i went... View More

James L. Arrasmith
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answered on Mar 9, 2024

I understand your frustration with the situation, but it's important to note that getting around a non-waiver clause in a residential lease can be challenging. A non-waiver clause typically states that even if the landlord accepts late rent or doesn't enforce certain lease terms, it... View More

1 Answer | Asked in Contracts for California on
Q: Can I sue a company for unapprovingly refunding my vacation rental guests their money back without them issuing a refund

I advertise my airbnb vacation homes on a platform called lodgify. I am now seeing on my bank statements money being take out of my account. When I dive deeper, Lodgify is refunding my past guests their full payments, without my approval. The guests never even asked for a refund.

James L. Arrasmith
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answered on Mar 9, 2024

Yes, you may have grounds for a lawsuit against Lodgify if they are issuing unauthorized refunds to your guests without your approval, especially if the guests did not request these refunds. This action could potentially be considered a breach of contract, depending on the terms of your agreement... View More

1 Answer | Asked in Contracts and Consumer Law for California on
Q: If a car dealer sells a car he knows or should reasonably known the person can’t pay for be sued for the down payment
James L. Arrasmith
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answered on Mar 9, 2024

I apologize, but the wording of your question is a bit unclear. I believe you are asking whether, under California law, a car dealer can be sued for the down payment if they sell a car to a person who they know or should reasonably know cannot afford to pay for it. Let me clarify this for you.... View More

1 Answer | Asked in Contracts, Business Formation and Business Law for California on
Q: We are a non-profit booster organization. We are attempting to compel a former treasurer's refusal to return documents.
James L. Arrasmith
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answered on Mar 7, 2024

Under California law, a nonprofit organization has the right to access and retain possession of its official records, including financial documents handled by its treasurer. If a former treasurer is refusing to return such documents, the organization can initially try to resolve the matter through... View More

2 Answers | Asked in Contracts and Consumer Law for California on
Q: What can I do if a dealership lost my trade in?

I traded my car into a dealership back in Jan. After driving the new car for almost 3 weeks, the dealership could not find a bank to finance me. So I took the car back, the dealership did not return my other car (nor did I sign anything saying I would take it back). Now I have the bank who financed... View More

James L. Arrasmith
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answered on Mar 5, 2024

Under California law, you may have several legal avenues to explore if a dealership has lost your trade-in vehicle and is unable to return it. First, consider the issue of breach of contract. If the dealership agreed to take your car as a trade-in as part of the deal for a new car and failed to... View More

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1 Answer | Asked in Contracts for California on
Q: My ex owed me $5000Then he started using my account tomake transactions a person send him $4000i locked the account now

Now the person that sending thr money wants to sue me for that money i never made a deal with her

James L. Arrasmith
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answered on Mar 5, 2024

Under California law, if someone sends money to your account without a direct agreement or understanding with you, the situation can become complex. First, if your ex was unauthorized to use your account for transactions, this may be considered unauthorized use, and you have the right to secure... View More

2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

Leon Bayer
Leon Bayer
answered on Mar 5, 2024

It sounds to me like you leased something that is meant solely for offroad use and is not street legal nor capable of being street legal in California. It is my understanding that atv's are not street legal. In fact I have never seen one being driven on a street or highway. I'm sure you... View More

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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

James L. Arrasmith
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answered on Mar 5, 2024

In California, all ATVs (All-Terrain Vehicles) must be properly registered with the California Department of Motor Vehicles (DMV) for legal operation. If you purchased an ATV but did not receive the necessary paperwork for registration, this complicates your ability to use the vehicle lawfully. The... View More

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1 Answer | Asked in Contracts, Legal Malpractice and Small Claims for California on
Q: Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him

Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him…no response. He was practicing law in Sacramento. How or where do I file a case? I am a senior needing the $3000 he stole.

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, small claims court is an appropriate venue for resolving disputes involving amounts up to $12,500 for individuals. Since your attorney was practicing in Sacramento and the dispute originated there, you typically would file your small claims case in the Sacramento County Small... View More

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Can i break my lease without repercussions in California.

We have rented this house for 1.5 years. We have a yearly lease. We found out that the house has no permits and has many safety violations. Is there any way we can break our lease early and move out without repercussions.

James L. Arrasmith
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answered on Mar 2, 2024

In California, tenants have the right to a safe and habitable living environment under the state's habitability statutes. If your rental property has unpermitted construction or significant safety violations, it may not meet these basic habitability requirements. Documenting these issues... View More

1 Answer | Asked in Banking, Civil Litigation, Contracts, Estate Planning and Identity Theft for California on
Q: I think my family and my husbands family forged tricked me and my husband forged and altered documents what can I do?

we keep having bank issues and we went to a bank and my father in law knew the bank employee and we found accounts opened illegally and are signatures forged them my brother said he worked fkr triple A bit its an interexchange insurance agency and they altered and misrepresented what tyoe of... View More

James L. Arrasmith
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answered on Mar 2, 2024

Under California law, if you suspect fraudulent activity, such as forged documents, identity theft, and unauthorized opening of accounts or businesses in your name, taking immediate action is crucial. First, consider contacting a legal professional with experience in fraud or financial crimes. They... View More

1 Answer | Asked in Contracts, Child Custody, Civil Rights, Constitutional Law and Family Law for California on
Q: Civil court case. Parentage case combining different complaints - Terminating original filing case filing/#, possible?

Orange County California. State Court. Filing a parentage case due to one parent(respondent) taking and withholding child and forcing a court agreement, or they (petitioner) can't see their child. Signed under duress. Apposing council of the respondent files a motion for modification; the... View More

James L. Arrasmith
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answered on Mar 2, 2024

In California, terminating or dismissing a parentage case you've filed can have significant legal implications, particularly in complex situations involving custody disputes, allegations of duress, and domestic violence restraining orders (DVROs). If a petitioner seeks to terminate or dismiss... View More

2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Hi, my storage unit was broken into. I discovered it June 2023. I notified the manager immediately. Then got the police

Report and a list of items missing, what they cost me new and gave them multiple examples of what these items are selling for new. I waited for a month and then when I went to the office to get an update, I was informed the manager was no longer there and they new nothing of the paperwork. They... View More

James L. Arrasmith
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answered on Mar 1, 2024

In California, when you're dealing with a situation where your storage unit was broken into and your attempts to claim insurance have been met with delays and miscommunications, it's important to know your rights and the appropriate steps to take. The insurance provided at the time of... View More

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