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California Contracts Questions & Answers
1 Answer | Asked in Contracts for California on
Q: What is the verbal work agreement and how can I get a law consultation

I have a agreement for a 2 year with a company I transport products and delivery to hes customers with hes regulations all goes good for one year and now he just cut my payment in half alleging the diferente can be hes company profits and I have to do the same work with half of the payment.... Read more »

James L. Arrasmith
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answered on Mar 25, 2023

A verbal work agreement is an agreement made between two parties that is not in writing. While verbal agreements are legally binding in California, it can be difficult to prove the terms of the agreement in court if there is a dispute. It is always advisable to have any employment or business... Read more »

1 Answer | Asked in Contracts and Civil Rights for California on
Q: I purchased a car from Paul blanco in 2017. I know the company was sued for frauding customers. I have issues with car.

I need to speak with someone concerning the issues I found with the car. Defected parts / parts missing also used parts / rusted not disclosed in purchase of buying the car.

James L. Arrasmith
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answered on Mar 24, 2023

If you believe that you were defrauded or misled in the purchase of your car from Paul Blanco's Good Car Company, you may have legal options available to you to address the issues you have found with the car.

One option is to contact an attorney who specializes in consumer protection...
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1 Answer | Asked in Medical Malpractice and Contracts for California on
Q: What can we do about frivolous medical bill? (more info below)

My sister, who was 17 at the time, went to the store with my mother and while at the store my sister suffered a panic attack. Down the street from the store, there was an ambulance station. My mother took my sister to the ambulance station and asked if they could quickly check my sisters heart... Read more »

James L. Arrasmith
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answered on Mar 24, 2023

Under California law, medical providers may not charge for services that were not authorized or requested by the patient or their legal guardian. If your sister did not give any information or consent for the ambulance station to perform services, and they did not inform her that there would be a... Read more »

2 Answers | Asked in Personal Injury, Contracts and Legal Malpractice for California on
Q: Personal injury attorney wanted me to accept an offer based on incorrect and missing records. I refused the offer

Repeatedly, he said my case a little or no value without me having surgery, he would not reply to emails. I discovered, he never requested the documents from my dentist.

He was aware that I still have no teeth which to chew with because after 37 visits, the dds never managed to get the... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 23, 2023

no lawyer can intelligently evaluate your case with little information.

you should contact another lawyer to sub in. You can inquire of LOCAL lawyers on this site.

If the case has any value the 2 lawyers would share the fee.

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2 Answers | Asked in Contracts, Employment Discrimination and Entertainment / Sports for California on
Q: I was used in a SAG commercial without contract or knowledge. Huge company ran it worldwide for years. Legal theories?

Answered, thank you!

James L. Arrasmith
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answered on Mar 22, 2023

If you were used in a SAG commercial without a contract or knowledge, you may have legal claims against the company for unauthorized use of your image and likeness, which can violate your right of publicity. You may also have claims for breach of contract, as the commercial was produced without a... Read more »

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3 Answers | Asked in Personal Injury, Contracts and Civil Litigation for California on
Q: PI filed complaint 7/15/2021 trip n fall. I demanded jury trial. He never paid jury fee. Insisted on waiting.

My right to a jury trial? Never served the complaint.

“My case didn’t have valur without reverse rotator cuff replacement surgery yet.” The impact loosened my bridge. Dental work had to be done first. $17,000 and dentist extracted all my upper teeth he never created a functioning... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2023

I assume the case is still active, so why not hire another attorney to sub in?

You will only be responsible for 1 legal fee, and the lawyers will work out a division.

Jury fees only have to be considered when the case is set for a jury trial. Are you there already with a 2021 case?...
Read more »

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Contracts and Civil Rights for California on
Q: What is the process for HOA homeowners opposing amended cc&rs in CA when board uses DS code 4275?

The HOA board wants to use DS 4275 or force the approval of proposed CC&Rs. Homeowners are not in support for numerous reasons, use restrictions, pet restrictions, waiver of rights, broad powers to invade privacy and enjoyment, etc.

What is the process for owners to file opposing... Read more »

James L. Arrasmith
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answered on Mar 21, 2023

In California, the process for homeowners to oppose amended CC&Rs and challenge the HOA board's use of DS code 4275 would generally involve the following steps:

Review the current CC&Rs and proposed amendments: Homeowners should carefully review the current CC&Rs and any...
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1 Answer | Asked in Contracts and Small Claims for California on
Q: Can I sue the person that said he was going to fix my engine, but has failed to do so in the last 3 months?

This person who said he could fix my engine at an”lower cost” has not fulfilled his promise in a timely manner. I have paid for an entire engine that has sat in the rains the last few months. The engine he purchased with my money had a 30 day warranty but he failed to get a replacement when he... Read more »

James L. Arrasmith
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answered on Mar 21, 2023

Yes, you may have grounds to sue the person who promised to fix your engine but failed to do so within a reasonable timeframe. If you paid him for the engine and he has not delivered the promised service, he may be in breach of contract.

You may want to first send a demand letter to the...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: I’ve signed a 6 month contract for this room that I’m living in, but I’d like to break it and get my deposit back.

At first, when I came to see the place it was a month to month contract and then she asked me to be a 6 month contract and I accepted it, now I regret. She’s also a little trouble person and I don’t know how to deal.

James L. Arrasmith
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answered on Mar 18, 2023

Breaking a lease or rental agreement can have legal and financial consequences, so it's important to carefully consider your options and the terms of your contract before taking any action.

If you want to break your 6-month lease early, you may be required to pay a penalty or lose your...
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1 Answer | Asked in Contracts and Criminal Law for California on
Q: 12/2021son was was detained and held at S A p.d. he called me to bail him out I called Alladyns.

He would get incarcerated he's never been in jail.. I called alladyn Santa Ana,. My sons paperwork has 1 warrant.. bondsman's computer said 2, so I being homeless and in a hardship, in a motel thru city net, thinking I'll pay 2500! during that time I was living off of my EDD. Daniel... Read more »

James L. Arrasmith
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answered on Mar 16, 2023

I'm sorry to hear about your situation. It sounds like you may have been overcharged by the bail bondsman for your son's release.

Firstly, if you have the paperwork that shows there was only one warrant and you were charged for two, that could be helpful in disputing the charges...
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2 Answers | Asked in Contracts and Collections for California on
Q: In CA, can an accountant whose trial report was never used, put a lien on settlement $, on case settled before trial?

We settled before the trial, I was the plaintiff. and proceeds won't be available for 6 weeks...The fee for the accountant's expert damages report (that was never used anywhere), is over twice what it would normally cost. He wants to put a lien on the settlement proceeds...can he do... Read more »

James L. Arrasmith
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answered on Mar 14, 2023

In California, an accountant generally cannot put a lien on a settlement unless they have a written agreement with the client that provides for a lien or they obtain a court order granting them the right to do so. This means that if there is no written agreement between you and the accountant that... Read more »

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3 Answers | Asked in Business Law, Consumer Law and Contracts for California on
Q: can 3rd party marketing company charge you monthly fees even when they didn't hold up to their end of the agreement?

promised a website build, to have it up and running in less than 30 days. gave me nothing actually and way overcharged. tried to dispute it with my bank, but they got the money anyway and received nothing for my marketing campaign total of about $3000 wasted money

Leon Bayer
Leon Bayer
answered on Mar 13, 2023

In my opinion, you are entitled to recover your money. Your most efficient course of action is to sue in small claims court.

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3 Answers | Asked in Business Law, Consumer Law and Contracts for California on
Q: can 3rd party marketing company charge you monthly fees even when they didn't hold up to their end of the agreement?

promised a website build, to have it up and running in less than 30 days. gave me nothing actually and way overcharged. tried to dispute it with my bank, but they got the money anyway and received nothing for my marketing campaign total of about $3000 wasted money

Jacob Rheaume
Jacob Rheaume PRO label
answered on Mar 13, 2023

Probably not, but some of this will depend on the terms of the contract. Typically, a service contract will include payment terms that allow for the individual receiving the service a net number of days by which to pay after receiving the invoice.

I know you mentioned that they promised to...
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1 Answer | Asked in Business Law, Contracts and Civil Litigation for California on
Q: I’m locked out of my Facebook acct and there’s is NO FB support to contact - but I spend $2k on ads w/ FB & can’t get in

I’m currently running ads that I do not have access to changing or pausing or editing in anyway. Facebook has NO support to help me get back in, I’ve tried EVERYTHING down to even contacting friends of friends who work there to help me. They’ve even filed an internal report and still nothing.... Read more »

James L. Arrasmith
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answered on Mar 13, 2023

I'm sorry to hear that you are experiencing difficulty accessing your Facebook account and ad account. It is certainly frustrating to be locked out of an account without any means of contacting support for assistance.

One option you might consider is filing a complaint with the Better...
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2 Answers | Asked in Business Law and Contracts for California on
Q: Can a car dealership cancel sale contract with 0 down payment approval after 12 days of signing and not give you the car

A dealer ship lied about the down payment approval but signed the contract with that financing terms then tried to change the down payment to$250 I had financing already when I applied for credit but after I turned down the second contract the dealership didn't run my credit with who I was... Read more »

James L. Arrasmith
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answered on Mar 13, 2023

If you signed a sales contract with the dealership that specified a particular down payment and financing terms, and the dealership later attempts to change those terms without your consent, that would generally be considered a breach of contract. However, the specific legal rights and remedies... Read more »

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1 Answer | Asked in Contracts and Family Law for California on
Q: If I gave my sister in law guardian because my fiancé passed who has more rights

Can she keep him from me I signed giving her guardianship she’s using against me how do I revoke this

James L. Arrasmith
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answered on Mar 10, 2023

In California, if you gave your sister-in-law guardianship over your child, she may have legal custody and control over your child until the guardianship is revoked or terminated.

If you want to revoke the guardianship, you will need to go through the legal process of terminating the...
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2 Answers | Asked in Bankruptcy, Contracts, Business Formation and Business Law for California on
Q: Can i be removed from an Eidl loan? Is it possible to transfer liability with a indemnification agreement/ stake sale?

i am member of an llc and i signed a personal guarantee on an Eidl loan. A member wants to take my stake in the company. Will an indemnification agreement between partys be an option?

Is that be an option or would that be voided by the SBA?

James L. Arrasmith
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answered on Mar 10, 2023

Generally, an EIDL loan is a loan that is made directly to a small business, and the loan is based on the creditworthiness of the business, not the individual partners or owners. However, it is possible that the loan agreement includes a personal guarantee, which means that the individual partners... Read more »

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2 Answers | Asked in Contracts and Construction Law for California on
Q: Do I have a case and if so what type of case do I have?

During and ever since the completion of pool construction I have encountered many problems. In less than a month I started encountering filter problems. About 6months in the plaster started cracking, the filter has constantly been going out and needing to be repaired. Also the filter and pump are... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Mar 10, 2023

Well, the first task is to review the construction contract ... and then to review any images or communications of the work-in-progress ... and then to determine the current state of the pool and adjacent area ... so, you will want to schedule a free initial video call with at least two attorneys... Read more »

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1 Answer | Asked in Contracts, Landlord - Tenant and Education Law for California on
Q: Can I sue my university housing building for breach of contract?

My university dorm building has two elevators. One has been broken since November. I have repeatedly asked my university when the elevator will be repaired and they keep giving me the runaround. I asked them if they would refund a portion of the rent for failure to maintain amenities. They said no.... Read more »

James L. Arrasmith
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answered on Mar 10, 2023

It is possible to file a lawsuit against your university housing building for breach of contract if they have failed to maintain a basic amenity, such as an elevator, as outlined in your rental agreement. However, before considering legal action, you may want to first try to resolve the issue... Read more »

1 Answer | Asked in Contracts for California on
Q: Can I sue my solar company for water damage/negligence

I have solar lease with clean initiative and we have been having water damage ever sense the panels were installed.

We have been back and forth with them about fixing the damage for years.

And after Multiple people came to see the roof and all of them saying that the damage is from... Read more »

James L. Arrasmith
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answered on Mar 8, 2023

If you believe that your solar company was negligent in installing or maintaining your solar panels, and that this negligence led to water damage to your property, you may have legal grounds to file a lawsuit against the company.

To succeed in a negligence lawsuit, you will typically need...
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