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California Contracts Questions & Answers

1 Answer | Asked in Contracts and Insurance Bad Faith for California on

Q: Can a public insurance adjuster force you to terminate a contact for their services?

3 weeks of stalls and setbacks, then abruptly tells us to go away. I have a signed contract but they will not fulfill terms and now are trying to force me to sign a termination release. Is this legal.....(never mind unethical)

William John Light answered on Aug 16, 2019

It's not illegal in the sense that no crime has been committed. Whether or or not it breaches your contract depends on what the contract says about termination. You might have a claim for specific performance or breach of contract. You might not.

1 Answer | Asked in Contracts and Banking for California on

Q: Is there a way to find a copy of check that was supposedly cashed in 1987?

I called my place of employment where I would have gotten my pension check from. I called Merryl Lynch also, the distributor of check and they had no record. This would have been in 1987. Please assist. I only know they said it was a check from Bank of America. Thank you.

Bruce Alexander Minnick answered on Aug 13, 2019

Knowing banks and bankers as well as I do, I am sure there is a copy of this check somewhere--or perhaps the original cancelled check is buried beneath 100 tons of stuff kept in storage by the bankers--who keep everything forever.

So, yes, there might be a way to find a copy; however, the...
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2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Tax Law for California on

Q: My father died with out a will in CA> The house was in my brothers name. Do the other siblings have any control

Father stated before his death that he wanted his youngest daughter to live in his house because the other siblings were out of the state and already well established, Home owners , with good jobs. Literally on his death bed he told everyone that he wanted his youngest daughter to live in his... Read more »

D. Mathew Blackburn answered on Aug 11, 2019

Estate planning is important. The documents control the disposition of the property unless there are specific circumstances that require a different treatment. You should consult a California Probate attorney to see if any of the exemptions apply.

Best of luck.

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1 Answer | Asked in Consumer Law, Contracts and Collections for California on

Q: Can Reverse Mortgage Distributions be garnished by general creditors?

Distribution is a single payment after refi

Bruce Alexander Minnick answered on Aug 7, 2019

Which question do you want us to answer?

1 Answer | Asked in Contracts for California on

Q: CONTRACT LAW IN NEVADA.. BASED UPON DATE OF CONTRACT SIGNING OR PAYMENT ??

SIGNED CONTRACT JUNE 30TH. FIRST PAYMENT STARTS SEPT 09 2019. - WE WISH TO CANCEL THE AGREEMENT

Bruce Alexander Minnick answered on Aug 6, 2019

The date both parties signed the contract is the most important.

1 Answer | Asked in Contracts and Small Claims for California on

Q: Can I sue a friend? We had a verbal agreement that he'd fix up my truck for 3,000 but it's been months.

I did pay him cash so I feel like it would be hard to sue him. I originally paid him 1,5000 about 6 months ago. I want to take my truck and money back but he seems reluctant to even talk about the situation.

Bruce Alexander Minnick answered on Aug 5, 2019

Sure; in America anyone can sue anyone else at any time—even without a lawyer in small claims court. Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay the filing fee and then pay another hundred bucks or so for service of process. Caveat: If a court of law... Read more »

1 Answer | Asked in Contracts for California on

Q: Hello I signed a contract with a group of investors for festival they never give the found hut 2 artist n venue .

It was for 600k they only gave 60k of 600k and said we don't want to do snow after all. I lost my good name if 25 yrs in music industry and reputation as well. What can be done on my part.

Bruce Alexander Minnick answered on Aug 2, 2019

Please ask a friend or family member to help you re-write this entire question--preferably in plain English--so Justia lawyers will understand what happened and perhaps respond to you. .

2 Answers | Asked in Contracts, Real Estate Law, Elder Law and Probate for California on

Q: my mom left a will she split up the assets to me and my siblingshowever I wasnt told what my part was. My sis my trust

Sis wants to kick me out of the house i thought was mine given in will

Bill Sweeney answered on Aug 2, 2019

If your mother had a valid Will you need to obtain a copy of the Will. The Will may have been lodged with the superior court where your mother resided on her death. If your mother owned real property in her name and not jointly and the real property has a fair market value of more than $150,000 a... Read more »

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1 Answer | Asked in Consumer Law and Contracts for California on

Q: Can a Californian company renew the contract term even consumer has indicated intention to cancel?

Company A has entered into a contract with Company B, a provider of data analytic services having its address in California, which includes the following automatic renewal clause:

“The term of this Agreement shall commence as of August 1, 2018 and shall continue until April 30, 2019.... Read more »

Bruce Alexander Minnick answered on Aug 1, 2019

So....is this a question taken from a first year law school contracts class test? If so, the answer is "maybe."

Hint: Commercial contracts are NOT the same a "consumer" contracts.

1 Answer | Asked in Business Law and Contracts for California on

Q: How can I find out what price my previous company sold for? They are telling me it was too low to activate my SARS.

I have Stock Appreciation Rights in my previous company that are still valid. If the company sold for more than $8 million, I should get some proceeds. They sold recently, but the CFO told me the sales price was too low to activate my SARS. I'm skeptical. Should I point blank, in writing, ask if... Read more »

Bruce Alexander Minnick answered on Jul 29, 2019

If you are a shareholder you are entitled to know.

1 Answer | Asked in Civil Litigation, Contracts, Criminal Law and Real Estate Law for California on

Q: Long term board members breaching governing docs and city building codes for decades. Selective enforcement of parking,.

For many years, the current and previous management companies, dictated by the board have pushed, selective enforcement and harassment on the complex. The parking rules stipulate, “2 car’s in the garage andIf you own a third car, you can obtain an annual permit which enables the third... Read more »

Dale S. Gribow answered on Jul 28, 2019

you are asking this question on a criminal website.

this is arguably not criminal.

everything is controlled by the By Law.

i would not be surprised if there are time limitations on how long someone can remain on the board.

i suspect quite a few laws/rules have been...
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2 Answers | Asked in Contracts, Entertainment / Sports, Gaming and Personal Injury for California on

Q: how can we sue two companies named "EA Games" and "evenbalance" ?

Hello!

i am a gamer who plays Video games day by day.

recently i got banned by an anti cheat Company called punkbuster without any using of cheats.

while i have payed 180 $ for my game.(*** Note : i accept the price is small but it's not only me who is involved... two named... Read more »

William John Light answered on Jul 26, 2019

Small Claims, at best.

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1 Answer | Asked in Construction Law and Contracts for California on

Q: Contract with construction company. Paid them over $800,000 found out that the actual cost was $400,000.

Found out that the contractor (employee of the company) charged us $800,000 to remodel our house the owner of the company said that the actual cost was $480,000. Our contract stated that we would pay the cost of the work done plus 15% for the contractors fee. This work was completed in 2012. We... Read more »

Bruce Alexander Minnick answered on Jul 25, 2019

Unless you have provable evidence of fraud you may have run out of time to da anything about this very unusual situation. And before you move in the direction of suing for fraud you should hire a lawyer experienced in real estate and business contracting law. You may find out that the owner of the... Read more »

1 Answer | Asked in Civil Rights, Contracts and Probate for California on

Q: Would I have rights to my house, if my moms dying wishes, with out a will, & possibly just a verbal agreement

Would I have rights to my house, if my moms dying wishes, with out a will, & possibly just a verbal agreement, were for her sister, my aunt, to buy a home for me & my brothers, which she did, but she never put our names on it, only hers, her husbands, & Garza Trust, are on deed, & she has taken... Read more »

James Edward Berge answered on Jul 22, 2019

All agreements concerning real estate must be in writing, so you would probably lose on your contractual claim, but you might succeed if you could prove with clear and convincing evidence that your aunt intended to deceive your mom and profited from that deception. Your claim would be based on... Read more »

1 Answer | Asked in Business Law, Contracts and Real Estate Law for California on

Q: The contract signed electronically by both parties does not have the sellers legal name or correct initials. Is contrac

Is contract legal?

Robert Philip Cogan answered on Jul 19, 2019

As you will so often hear from attorneys on this forum, it is impossible to provide an answer regarding a contract sight unseen. However, the contract very well could be "legal." If you have any money at stake it might be penny wise and pound foolish to fail to consult an attorney.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Medical Malpractice for California on

Q: I believe I was scammed for medical services. Do I have any recourse or is this just a lesson learned?

I just returned to the US from teaching abroad so I don’t have health insurance. It’s not open enrollment period. I got a job upon return but my benefits don’t start until after 90 day probation period. I needed to see a doctor prior to then. Made an appt at a women’s health clinic. Shortly... Read more »

Bruce Alexander Minnick answered on Jul 18, 2019

Go get your $300 back.

1 Answer | Asked in Business Law, Contracts and Government Contracts for California on

Q: Won a Federal Government Purchase Order, Manufacturer not honoring their price quote they had provided us with initially

Hello, my firm won a Federal Government Purchase Order roughly $9k based on an initial quote received from a distributor of the goods who were in turn quoted by the manufacturer. Now that I have the PO on hand, manufacturer is not releasing the order because they are saying that they quoted the... Read more »

Bruce Alexander Minnick answered on Jul 11, 2019

Free practical advice offered for the last 41 years to people starting or operating small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
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1 Answer | Asked in Contracts and Animal / Dog Law for California on

Q: Is it illegal to dogsit at my apartment for my 70 year old grandmother’s pet if on the lease pets aren’t allowed?

My grandmother asked me to dog sit for her for two weeks while she’s moving. I let my landlord know out of decency and he told me it was okay. He has a father that is very controlling and isn’t the landlord and told him to tell me I can’t dog sit at my apartment. I went to speak to him and he... Read more »

Bruce Alexander Minnick answered on Jul 8, 2019

This is not a legal question; it is a practical question the answer to which is contained in your lease. And the fact that the landlord's daughter has had pets living at her apartment does NOT matter.

If you lease does NOT allow pets, then regardless of who said otherwise you may be...
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1 Answer | Asked in Business Law, Consumer Law and Contracts for California on

Q: If a car rental company states guaranteed model, is there a definition of confidence in US law

William John Light answered on Jul 3, 2019

This doesn't make any sense. "[D]efinition of confidence"? Never heard of it. If you are asking whether you are entitled to the specific model of rental car, instead of a similar car within the same class of cars, it would depend on your contract. However, if the rental agency substituted a... Read more »

1 Answer | Asked in Contracts for California on

Q: I was put on balanced billing instead of generation billing which was signed on a contract, is that breaching a contract

I took over a solar contract when I bought my house in 2012 and after a few years I was getting billed an annual reconciliation fee. I called them up and asked about it and they just said what it was and didn't help. Then I got a copy of the agreement and contract and what I agreed too was being... Read more »

Bruce Alexander Minnick answered on Jul 3, 2019

I know this may sound weird to you, but just because someone has breached a contract with you does NOT mean you can sue them for breach of contract. In order to sue anyone the plaintiff must be able to state--and ultimately prove--that they have suffered some sort of damage; and in contract law,... Read more »

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