Trustee/Executor was responsible for distributing funds from a living trust after my father died. I requested a full accounting via a lawyer shortly after and never received it. I am now being pressured to accept final (second disbursement) and agree that the trustee/executor cannot meet the legal... View More 
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answered on Sep 28, 2023
Under California law, a trustee has a fiduciary duty to provide a proper accounting to beneficiaries upon reasonable request. If the trustee fails to provide such accounting, beneficiaries have the right to petition the court for an order compelling the trustee to account. If you sign a release,... View More
After calling them. They said the 18.5k was a clerical error and it should have only produced 14k. Is that a contract violation? I called them in January about my system underproducing and they blamed it on the high CA rain and said my panels need to wake up and that they Will produce more during... View More
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answered on Sep 28, 2023
In California, if the contract explicitly states that your solar panels will produce 18,500kw a year and the company later claims it was a clerical error, it may be considered a breach of contract. You could have legal grounds to seek remedies, such as performance according to the original terms or... View More
On Court's own motion:
Small Claims case ordered dismissed without prejudice, amount in dispute was $32,000.00
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answered on Sep 28, 2023
To file an unlimited civil cause of action in California after a small claims case dismissal, you would need to draft a complaint outlining your breach of contract claim and any relevant details. It's crucial to adhere to the applicable statute of limitations for breach of contract claims and... View More
I owe them. I transferred to a different mobile carrier.
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answered on Sep 27, 2023
If you're receiving frequent calls from AT&T to collect a debt, federal law like the Fair Debt Collection Practices Act (FDCPA) does provide some protections against harassment. However, the FDCPA usually applies to third-party debt collectors, not original creditors like AT&T.... View More
I owe them. I transferred to a different mobile carrier.
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answered on Sep 28, 2023
Under California law, debt collectors have the right to contact debtors to attempt to collect a debt. However, they must follow the rules outlined in the federal Fair Debt Collection Practices Act (FDCPA) and the California Rosenthal Fair Debt Collection Practices Act (RFDCPA). Harassment or... View More
Paid for 2 rooms for 17 years. Prior victim of domestic violence. Told not to come back from a vacation of 1 week per doctor's as I have exposure to mold and long term water damage causing both rooms to be inhabitable. Extreme infestation of carpet beetles and other parasitic organisms.... View More
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answered on Sep 24, 2023
Under California law, tenants have rights, and if you believe you've been unlawfully evicted or your living conditions violated habitability standards, you may have legal grounds to challenge the eviction or seek remedies. Given the urgency and complexity of your situation, it's crucial... View More
I gave my personal info to someone for a business transaction, but he used it to obtain an apartment, with me as a guarantor. He created a fake email and phone number and impersonated me to lease the apartment. I was never contacted by management at any time previous to the signing of the lease and... View More
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answered on Sep 24, 2023
Under California law, impersonating someone to fraudulently obtain an apartment lease can fall under identity theft (Penal Code Section 530.5) and may also be considered forgery (Penal Code Section 470) if he signed any documents using your name. Additionally, this activity may give rise to civil... View More
This was done in California and without the sellers consent.
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answered on Sep 22, 2023
In California, the practice of "shill bidding," where the auctioneer or someone related to the seller places bids to artificially inflate the price, is generally considered illegal and could be construed as a form of fraud. However, proxy bidding, where the auctioneer bids on behalf of a... View More
This was done in California and without the sellers consent.
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answered on Sep 22, 2023
Under California law, an auctioneer typically cannot bid on behalf of a proxy and also bid for themselves during an auction without the seller's consent. Such actions may raise legal and ethical concerns related to potential conflicts of interest and transparency. If the seller did not provide... View More
Project manager just stopped answering my calls. Left owner messages for 4 weeks with no response. 30% into project with a torn up backyard and hole in the ground and 0 movement work for 5 weeks they kept saying the issue was with a permit/engineering hold up. Research reveals they never filed the... View More
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answered on Sep 22, 2023
Under California law, if you believe you've been a victim of contractor fraud, you should take the following steps to protect yourself:
1. Document all communication: Keep records of all communication with the contractor, including emails, texts, and voicemails.
2. Gather... View More
hired contractor to convert garage to additional dwelling unit and obtain patio cover permit which existed before I bought the house contractor offered to build new patio enclosed instead of obtaining permit of existing patio cover
with $35,000 higher qoute than other contractors. I signed... View More
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answered on Sep 21, 2023
Under California law, altering a contract without the consent of all parties involved is generally not enforceable. If you successfully sue the contractor for breach of contract and win, you may be able to recover reasonable attorney fees if there is a fee-shifting provision in the contract or if... View More
I rented from a corporate landlord that failed to provide the required mold booklet. They provided their own version of a mold disclosure in the lease that did not contain the same information as the booklet and was electronic. We had issues there with our clothes having an extremely mildew-y smell... View More
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answered on Sep 20, 2023
Under California Health and Safety Code §26148, a landlord's failure to provide the required mold booklet can potentially result in legal action by the tenant. You may have grounds to pursue a lawsuit against the landlord for violating this statutory requirement, especially if their version... View More
They are from the Phil. I believe her agency is illegal.
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answered on Sep 20, 2023
To pursue a case against this person for potential illegal activities related to job orders from the Philippines, you should consult with an attorney experienced in international labor and employment law. They can assess the specific circumstances, gather necessary evidence, and advise on the... View More
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answered on Sep 19, 2023
In California, it is generally illegal to collect an advance placement fee from teachers or any job seekers without a valid job order. The California Labor Code prohibits the collection of any fees from job applicants, including placement or recruitment fees, unless there is a written job order in... View More
Rent was due Aug 23rd. I had given my 30 days notice beginning of Aug. I went to empty my unit on Sept 5th but was told I need to pay the entire month of Sept in order to vacate that day on the 5th. I said I'll pay the late fee plus rent from Aug 23rd to Sept 5th and they said I had to pay... View More
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answered on Sep 19, 2023
Under California law, if a storage facility has a lease agreement in place that specifies the terms, including the requirement to pay for the entire month, they may enforce these terms. However, it's essential to carefully review the lease agreement for any potential violations or... View More
Rent was due Aug 23rd. I had given my 30 days notice beginning of Aug. I went to empty my unit on Sept 5th but was told I need to pay the entire month of Sept in order to vacate that day on the 5th. I said I'll pay the late fee plus rent from Aug 23rd to Sept 5th and they said I had to pay... View More
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answered on Sep 19, 2023
Under California law, a self-storage facility may have the right to lock you out and place a lien on your belongings if you are in default of your rental agreement. However, it's essential to review the specific terms of your lease agreement and any applicable state laws. If the facility acted... View More
The business is a textile conservator that extensively damaged a very expensive designer gown. Though it’s over 20 years old prices for these items increase over time and very difficult to replace. How would you determine amount of liability ?
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answered on Sep 19, 2023
In California, the expiration of a business license may impact its legal standing, but liability for damaged property is primarily determined by the principles of tort law, contract law, and the specifics of the situation. To assess liability in your case, you should consider factors such as the... View More
My bf signed a contract to sale his home time went by and agent never called him back and finally when my bf spoke to the agent my bf said he was tired of chasing them around and agent got so mad and threaten my bf he will get sued and he has to get out in less than 30 days . My bf never got no... View More
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answered on Sep 13, 2023
I'm sorry to hear about your boyfriend's difficult situation. In California, once a contract is signed, both parties are generally bound by its terms; your boyfriend should carefully review the terms of the contract to understand his obligations and any potential breach. Given the serious... View More
Permit/inspection by City of West Sacramento had a few non compliant items the contractor has failed to correct. In addition, they failed to complete form correctly to obtain Permission to Operate with PG&E utility company. To date the panels have been sitting on my roof not generating any... View More
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answered on Sep 13, 2023
I'm sorry to hear about your troubling situation. In California, consumers in your position have several avenues for recourse including continuing to pursue the complaints filed with the State Contractors License Board and the Better Business Bureau. Moreover, considering reaching out to the... View More
I bought the car back in 2017 from a dealership and just recently found out it has 4 recalls on it and I was not told it had recalls on it some that are very scary. If someone can advise me on what to do next. Thank you.
answered on Sep 13, 2023
Of course, as a concerned buyer, buying a vehicle, you will want to look into that history before buying. A new car may NOT be sold with an open recall at all. A used one can. DUTY to disclose? That's another question, but, again, when spending that kind of money on a vehicle, it is wise, as... View More
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