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I have a written agreement for a private easement that allows the owner of the adjacent property to use my driveway to access his garage. However, the tenant of the owner, not the owner himself, has been intermittently parking their car in my driveway almost daily over the past three years. Despite... View More 
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answered on Feb 27, 2025
You will need a CA attorney to read your recorded easement. If personal only to the adjacent owner, then it might be actually a license where noone else could use it. But if an easement, owner's tenant probably has the right also. Litigation for a declaratory judgment and an injunction... View More
I won a settlement from my automobile accident injury case, and it's been 6 weeks without receiving my settlement check. My lawyer initially told me over the phone it would take 3 to 4 weeks, but I haven't received any updates. I was informed that the delay is due to the liens department... View More
answered on Feb 26, 2025
Yes, its normal. The chance that another another will want to take over now is almost 0%, unless you want to pay an hourly fee, which would almost certainly be prohibitively expensive. There are no steps you can take. This is in the hands of the companies asserting the liens and medical billing... View More
I am representing myself in a personal injury tort case due to inability to find counsel. My complaint includes causes of action such as harassment, implied warranty of habitability, utility shut offs, malicious prosecution, breach of contract, and conversion of personal property. I've drafted... View More
answered on Feb 25, 2025
Personal Injury (PI) attorneys work on a contingency fee basis, which means they only get paid if they win your case. Kind of similar to a Realtor who only gets paid if they sell your house. So, if you had a strong PI case, with a $4mil. valuation... AND puni's, against a financially strong... View More
I need help filing a business lawsuit in San Francisco Superior Court but as a low income individual cannot afford an attorney who charges full sum of representation upfront. Where can I find an attorney who works on contingency basis?
answered on Feb 21, 2025
Quite simply, you will need to contact attorneys until you find one willing to represent you on a contingency basis. This will be challenging. Law firms do not gamble. It will need to be a sure thing with the settlement/judgment paid immediately upon resolution. This will be based on the law... View More
I had an agreement with someone who provided me financial support, amounting to millions of dollars, as a gift without any conditions attached. I've decided to stop communicating with him, and I have informed him of this decision in writing. Now he is threatening to go to the police, claiming... View More
answered on Feb 20, 2025
The quick/short answer is Forensics. Records will be key to battling this accusation and you must prepare yourself for whats coming around the corner. This will also help you if there are any secondary reporting issues (taxes) if a regulatory agency will be motivated to look more closely into the... View More
I purchased a medical-grade device from a business that did not verify whether I have the proper license to use it. The company claims you don't need a license to own it, but industry standards and my research indicate that a license is required for business use. They provided minimal... View More
answered on Feb 14, 2025
If you can establish they were prohibited by law from selling it to you perhaps you have an argument. Admitting you have been using it illegally is a problem that would likely have consequences. For you to be absolved of any responsibility for not knowing you had to be licensed seems very unlikely.... View More
I hired a contractor to work on my house, but he stopped showing up and doesn't respond to my calls or messages. I have a written contract and I've made four payments by check. I've filled out forms to sue him in small claims court, but I'm unsure how to "serve" him... View More
answered on Feb 13, 2025
Ultimately, a judge could allow service by publication. As a practical matter, you should exhaust all resources to locate and personally serve them. A default judgment isn't worth much if you can't find them. If you do eventually find them, they will undoubtedly try to set the default... View More
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.
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
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
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
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
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
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
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
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
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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
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.
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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
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
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... View More
I provide equipment rentals as part of my freelance services. California recently established the Freelance Worker's Protection Act which stipulates that I may collect up to double the amount stipulated in a contract for professional services when a client does not pay on time or at all. If... View More
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answered on Jan 16, 2025
The FWPA primarily focuses on the payment for services rendered by freelance workers. If an equipment rental is viewed as an ancillary part of the services you provide (for example, tools or equipment necessary to complete a freelance project), it may be argued to fall under the umbrella of... View More
I signed a contract that states "Controlling Law and Jurisdiction. This Agreement shall be governed by the laws of Texas and the United States, without regard to the conflicts of laws provisions thereof. Unless waived by Company (which it may do in its sole discretion), the exclusive... View More
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answered on Jan 14, 2025
The language in your contract (“The Agreement shall be governed by the laws of Texas,” and “the exclusive jurisdiction and venue of any action … shall be the State and Federal courts located in Miami-Dade County”) typically means that if a dispute arises, it should be heard in Miami-Dade... View More
I own a game on the popular gaming platform Roblox.com. A 3D modeler from Brazil has reached out with interests to join me under the provisions of a 10-year partnership contract. Details: the modeler will be involved in all decision making (like in General partnership agreements), but CANNOT own... View More
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answered on Jan 13, 2025
Choosing the proper structure depends on multiple factors, including liability concerns, taxation, and how much control each party has. A Limited Partnership (LP) requires at least one general partner, who manages the business and bears personal liability, and one or more limited partners, who... View More
I own a game on the popular gaming platform Roblox.com. A 3D modeler from Brazil has reached out with interests to join me under the provisions of a 10-year partnership contract. Details: the modeler will be involved in all decision making (like in General partnership agreements), but CANNOT own... View More
answered on Jan 14, 2025
While a Limited Partnership (LP) could be one option, other legal structures or customized contracts, such as a profit-sharing agreement, independent contractor agreement, or hybrid partnership agreement, may better suit your needs. The final decision will depend on several factors, including your... View More
They first advised we owed the IRS about $50k and tried to get more money from or they would stop working on our case. At end we now owe about $90k to IRS. They didn't reduce anything and debt increased. Is there any legal action I can take besides filing compaints with CFPB or FTC?
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answered on Jan 9, 2025
Yes, you may have legal recourse beyond filing complaints with the CFPB or FTC. Potential claims may include breach of contract, fraud, and violations of consumer protection statutes. If the tax firm failed to provide the services promised under your agreement, you likely have a breach of contract... View More
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answered on Jan 7, 2025
It depends on whether you truly own the copyright to the footage and whether Hulu has any authorization or defense for using it. Under federal law, the copyright owner generally holds exclusive rights to reproduce, distribute, and publicly display their work (17 U.S.C. § 106). If Hulu is using... View More
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