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California Contracts Questions & Answers
1 Answer | Asked in Contracts, Business Formation, Civil Rights and Lemon Law for California on
Q: Need some legal assistance

I need some legal assistance so I purchased my car from , hired a guy to call me and trick me into taking my vehicle in for a smog check . So next I was left stranded and also did not give me or the dealer any notice of the vehicles personal belongings . Which by the way where removed by an... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 16, 2021

You should contact your local police department (where the dealer was/is) and make a report that your car was stolen by these people. More than anything, though, you need a lawyer to help you. You can go to the Los Angeles County Bar Association's website (LACBA.com) and click on the... Read more »

2 Answers | Asked in Consumer Law and Contracts for California on
Q: While I have occupancy of a motel room, can a maid legally enter without knocking? There was no emergency and no reason

The maid opened the door twice that day while I was in my room. I told the manager who was unaware of the 2 events. I asked that nobody enter my room while I was away. My request was not honored.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 2, 2021

Let's see, "you asked that no one entered your room while you were away" and you said that was not honored. I do not see that here and unless you were filming, you cannot prove same. As for entering when you are there, it's entirely possible there was knock, both times, but you... Read more »

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1 Answer | Asked in Contracts, Copyright, Criminal Law and Legal Malpractice for California on
Q: I'm not sober under the influence to my attorney. Is it illegal can I suspend their bar? What is it called by law code.

I'm not sober drunk and high on drugs. They're all seeking advantage of me doing white collar crime fraud scheme. What is it called by code of law?Can I suspend their licence bar?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jan 1, 2021

A lawyer involved in a 'white collar crime fraud scheme' would surely face the loss of their license with the state bar, not-to-mention criminal prosecution. You can file a complaint at The California State Bar website- calbar.ca.gov or call (800) 843-9053. It might be wise to consult... Read more »

1 Answer | Asked in Real Estate Law and Contracts for California on
Q: 2nd Time Asking - Excessive water bill in rental due to landscaping irrigation. Who is responsible for this excess use?

I have been renting a house since September and the property management company conveyed a concern from the owner that I was made aware of the high cost of utilities, stating the water bill is 350-400 in the summer months. This was also stated in an addendum to the lease that I signed. There have... Read more »

James Alan Greer
James Alan Greer answered on Dec 28, 2020

Dear Menifee Lessee: You have asked about responsibility for excessive water bills, as between the Lessee or the Lessor. From the description of your question there seems to have been "notice" to Lessee but at a $350-$400 level, whereas you have indicated that you are seeing bills... Read more »

2 Answers | Asked in Contracts, Copyright and Entertainment / Sports for California on
Q: How much ownership of music do I have when a producer does a different version of the music I originally created?

I wrote a song and did the music arrangement in Logic Pro X using many royalty free loops to create my song. If I work with a producer who does his own interpretation of my original song via new music production how much ownership do I have regarding the music content?

I copyrighted my... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Dec 23, 2020

"Influenced by your original song" may or may not be a derivative work. His audio needs to be compared to your work.

A split sheet is useful. You might want to use a collaboration agreement along with the split sheet.

Please also see my answer on Avvo.

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1 Answer | Asked in Contracts and Construction Law for California on
Q: After default, can I present new evidence against the plaintiff?

I'm in default but have learned that the contractor needed a separate permit to perform the work so that the work would be reviewed by the city and signed off accordingly. That was part of the contract, that I would have to pay them once the city signed off the permit. Since they didn't... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 23, 2020

if there is a default against you, it means you failed to appear and the judge entered judgment. there are only limited circumstances where that default could be lifted and you will need a lawyer to go over those options and do the work which means you will need to pay a lawyer to do this. it is... Read more »

2 Answers | Asked in Contracts, Consumer Law, Criminal Law and Collections for California on
Q: What are the possible repercussions of selling a car before its played off and not telling the bank or the lien holder

She kept 0ayi g payments but now the police are. Asking questions is she in slot of trouble

David Michael Lehr
David Michael Lehr answered on Dec 22, 2020

It is fraud, likely felony theft, and possibly perjury. Talk to an attorney fast. Pay the rest of the loan off immediately if possible.

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1 Answer | Asked in Contracts, Car Accidents and Insurance Defense for California on
Q: can an auto dealer be held liable for reporting new car purchase to buyer's insurance?
Yelena Gurevich
Yelena Gurevich answered on Dec 14, 2020

liable for what? why wouldn't the dealer report the purchase to insurance to protect their interest?

1 Answer | Asked in Contracts for California on
Q: We paid our down payment on a new house on Wed., yesterday I a call right before I drive over to pick up keys saying we

owe late fees and won't give us the keys.

Yelena Gurevich
Yelena Gurevich answered on Dec 11, 2020

not sure what the question here is. also not clear if you purchased a new house or are renting one. different laws apply and therefore lawyers don't always practice in both arears of law. maybe rewrite and report your post and question with more information and details.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for California on
Q: I'm in a dispute with an affiliate marketing trainer for lack of delivery on what was promised.

Hi! I'm in a dispute with an affiliate marketing trainer with whom I purchased a program for $3000. The program contract we signed listed about 5-6 things specifically included. I feel several of them have not been delivered, but one in particular he doesn't even dispute denying me.... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Dec 10, 2020

This case might be a candidate for an action in Small Claims court. There is a website for the California Superior Court in your county that will have more information.

1 Answer | Asked in Contracts for California on
Q: Did my client commit "Tortious Interference with a Contract for Prospective Economic Advantage"

My former client (of 16 years) pursued 5 of my 6 subcontractors until they terminated their contract with my company and went to work for my client. At first, my subcontractors were concerned that the "non compete clause" in their contract with me would prevent them from working for my... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Dec 10, 2020

Based on what is stated here, there might be a claim. More facts need to be examined. California "non-complete" restrictions are widely misunderstood. Under California Supreme Court decisions, there are facts under which an agreement having an obligation restricting competition can hold... Read more »

2 Answers | Asked in Contracts and Real Estate Law for California on
Q: Can my landlord's property management company do quarterly or semi-annual inspections to "check-up" on the property?

I signed a rental agreement in September of 2020 and I noticed a clause that said the property management company will perform non-specific inspections, pretty much to check on the property and the tenants. We haven't been here 90 days and they are already trying to do said inspection. Do they... Read more »

John T. Kontrabecki
John T. Kontrabecki answered on Dec 8, 2020

Leases customarily have landlord inspection clauses. They also have specific notice requirements and the notices must be in writing. If your lease has these provisions it is legal and valid. I recommend you cooperate with the property management company and let them inspect. Otherwise, you will... Read more »

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1 Answer | Asked in Contracts, Criminal Law and Immigration Law for California on
Q: Hi, My name is John, and I am asking for my friend who received a fake I-20 from an intermediary.

This intermediary helps him to apply for schools and acts as a helper, however, the intermediary doesn't deliver and also faked a I-20 and lied to my friend saying that it is a real one. My friend never used the fake I-20 for any purpose even though he did not know its legitimacy. He fears... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 3, 2020

This is a question for immigration lawyers, not criminal and accident lawyers.

However, All F and M students that study in the United States need a Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status.” Once you are accepted into a Student and Exchange Visitor Program...
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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: Hi, I just signed a lease which I got a lot of help from my broker. Can I have someone review the contract packgage?

I do not think the contract package is legit, because during the process, the broker always mess up the docu sign contracts and I worry if there is something shady in the contract. Especially during the Covid time eviction is impossible I am really worried.

Yelena Gurevich
Yelena Gurevich answered on Dec 3, 2020

Yes, You can hire an attorney to review the contract for you if that is what you are asking.

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1 Answer | Asked in Contracts and Criminal Law for California on
Q: Am I liable for property of ex that he left at my house in CA after I told him that I did not agree to store anything?

My ex left the area for a month and left misc items like hand tools, boxes of random electrical cords and construction supplies at my house. He asked if I would take money to store his things and I refused and gave him plenty of time to remove his things. By texts to which he replied, I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 1, 2020

i would want to hear more info.

however, I do not see how this could be criminal theft.

if he calls the police and they come out to talk to you, I am pretty sure they will say it is a civil matter.

2 Answers | Asked in Contracts for California on
Q: Car loan. Biggest mistake I could have made. Now I need advice on which way to go.

My situation is about a vehicle loan. I opened a $3,000 loan on my vehicle in 2018. I havent been able to pay it off. I am charged $400 every month for the interest. I want to get a better car for my family. I don't know what would happen of I let the car go and they take it. Will I be... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 23, 2020

you will remain liable on the debt whether you are in possession of the vehicle or not. If you give the vehicle to the creditor, they can sell it but whatever difference between the sale price and the money owed on the loan you will still be liable for. You can try to refinance the vehicle, or... Read more »

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1 Answer | Asked in Contracts for California on
Q: 33 months passed, and we just fired our contractor, after he did not complete a 6 month remodel. 17K was overpaid to

him, which we asked for him to return in our termination notice. Now, Do I need to give him any time to pay back that money, say 5 days before I file a complaint with the CLB? Or do I go ahead and file, show proof of the overpayment, I just don't want him to say he didn't get a chance to... Read more »

Nathan Wirtschafter
Nathan Wirtschafter answered on Nov 19, 2020

It always looks better to the judicial officer if the plaintiff tried to resolve the dispute, in a reasonable way, before filing a lawsuit. This dispute sounds significant enough that it would be worthwhile to get legal advice, especially if the work was substandard.

Please check if your...
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2 Answers | Asked in Contracts for California on
Q: Do I have to sign escrow papers to sell my prop? Terms diff than I thought when I accepted offer.

I didn't read fine print in offer. now Don't trust my realtor. Not transparent. Supp to be "As is". not suppose to clean prop but requiring me now. Not suppose to include mineral rights but now realtor won't reserve for me, not suppose to have contingencies but now many and... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Nov 19, 2020

THE ANSWER TO YOUR QUESTION WILL DEPEND ON THE FACTS AND THE TERMS OF YOUR CONTRACT, AND IS NOT SUSCEPTIBLE TO A QUICK AND EASY ANSWER ONLINE.

YOU SHOULD IMMEDIATELY CONSULT WITH A COMPETENT REAL ESTATE ATTORNEY FOR SPECIFIC ADVICE!!

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1 Answer | Asked in Contracts for California on
Q: Our contract was for a 6-month re-model, started in 2018, for $123,399, $24,909 start-up fee, $6,000 paid weekly.

the contractor continued to accept our checks until it was discovered we overpaid him by $17,000. He promised to pay for this balance via landscaping our yard, this he did not do. Thirty-three months later our house is still incomplete and we are firing him. In the termination paper for incomplete... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2020

You ask for your $17,000.00 back under any circumstance, do it now. Not obligated to warn of legal action, he will figure it out. This is more than Small Claims, you should get a local contracts attorney to assist you.

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1 Answer | Asked in Civil Litigation, Contracts and Arbitration / Mediation Law for California on
Q: What can I do in this situation. Keep in mind the company admitted fault. Regional office has made vp and ceo aware also

I CANT BELIEVE WHAT SMART STOP STORAGE DID!!! My fiancé went to our storage to change out the locks because in September they contacted us and said that we needed to put another lock on. He gets there to find out that we have an issue with our storage. It appears at the end of September. There’s... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2020

You need an itemized list of what was taken so you can put a value on this. Sorry to hear you lost your memorabilia, but it is gone now, and the only thing you would be entitled to is money in return, not quite the same. If you are not satisfied with what they are offering to you, you don't... Read more »

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