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California Contracts Questions & Answers
1 Answer | Asked in Contracts for California on
Q: My father left me $135,000 in a trust in Illinois with an appointed trustee has not invested any of it....it's been

5years now...no attemps to invest or interet in my trust at,all. The,trustee collects. a monthly fee although he has never told me the.amount or sent me an invoicce...just takes it out of the trust money...

Can I sue him.for this?Can.I choose my OWN trustee?

Jackie Marie Howard
Jackie Marie Howard answered on Apr 9, 2021

If the trust is administered under Illinois law, you should seek counsel who is licensed in Illinois. This question is posted under the category for the State of California. Re-post for Illinois counsel.

1 Answer | Asked in Contracts, Mergers & Acquisitions and Real Estate Law for California on
Q: Can I revise my lease if ownership is changed?

I renewed my lease a month ago which goes into effect in two days. Today I was informed that ownership and management has changed as of today. All of the rent prices dropped significantly. Am I stuck for the next 15 months paying the higher rent which I signed or since there is new ownership can I... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Go see them and negotiate a change in your lease to upgrade your apartment or get a reduction. If they won't do it, sue in small claims for the difference over the term of the lease or see a local Tenant's rights attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Contracts and Business Law for California on
Q: I sigmed a stipulation for a default judgment. Next month i am retired and i cannot pay anymore. Any solution?
Julie King
Julie King answered on Mar 19, 2021

You have three choices: (1) you can call the company and see if they will restructure the debt, although they are not obligated to do so, since you already have a contract to repay; (2) do nothing and you will have a judgment entered on your credit records and will likely be subpoenaed to attend a... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: When can owner of a single member LLC sue personally against a 3rd party doing business with the LLC {not on behalf of}

Case: The sole member of an LLC filed a lawsuit in his individual name (as the plaintiff) against a company to sue them for contract fraud. The LLC owner was not aware that it could be a problem to file the suit in his name since he was personally financially injured and sees his LLC and himself as... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

Path of least resistance, if you cannot amend your complain to add a plaintiff? Dismiss and start over. If it is an LLC, they have to be represented by an attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Contracts, Civil Litigation and Collections for California on
Q: In relationship over 10 years during over time I've accumulated his debt of over $18,000 he promised to repay and share

a life together upon his release. When he got out he ghosted me. Do I have any legal grounds to stand on?

Theodore Allan Greene
Theodore Allan Greene answered on Mar 13, 2021

Sorry to hear about your experience. It's not quite clear what legal grounds you want to stand on. If you mean the debt... If you acquired the debt on your credit cards or loans in your name only then you are responsible. Did you get his promise to repay or share in writing? If so you could... Read more »

2 Answers | Asked in Estate Planning, Contracts and Probate for California on
Q: I gave my kids each 25% of my trust my mom put it in her will can I take it back from my kids

My mom asked each on of my brothers and sisters if we wanted to give our kids any shares of ours in the trust, before she passed away in 2003 I said yes so each one of my kids receive 25 % each month. My son I want to remove him from getting another penny out of my share he doesn't deserve it... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on Mar 12, 2021

Yes. It would be wise to consult with an experienced estate planning attorney, who would be able to advise you thoroughly, regarding the procedure and ramifications of omitting your son from your Estate.

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1 Answer | Asked in Animal / Dog Law, Civil Litigation and Contracts for California on
Q: Hello me and my wife are breeders in California and her friend trespassed and took our dog but didn’t sign the contract?

She is pregnant and worth 3500$ we need a lawyer ASAP!!! FYI I called the police they did nada and said it’s a civil matter!

William John Light
William John Light answered on Mar 12, 2021

Call the police and report a burglary/theft. That's a lot faster than a lawsuit.

1 Answer | Asked in Contracts for California on
Q: Can I go after my car finance company for not having my contract and wrong finance amount in there system

Can I go after my car finance company ..my car was a total loss in November 2020 my insurance did there part and paid My finance company what they owed so it left a balance to pay off 6,959 which my gap is trying to pay but My finance company does not have my contract on file and then they have... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 12, 2021

you need to contact a consumer protection attorney that has experience with debt collections and credit reporting issues. after a substantive consultation and review of the documents, the attorney may be able to answer your question.

1 Answer | Asked in Contracts for California on
Q: I have a question regarding Services Agreement at a fixed monthly rate and the contract terminating mid-month.

Hello. Thank you for reviewing my question. I am under contract (Services Agreement) that pays a fixed amount per month (regardless of the number of working days). The contract is terminating mid-month and the contract provider is requesting that I submit a final invoice for only the working days.... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Mar 12, 2021

First, we would need to review the written agreement ... then to read your current relevant facts ... then schedule a free initial video call discussion on your options and remedies ... let us know your thoughts ... thank you.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Civil Rights for California on
Q: Are Dreamers allowed to invest in bonds and stocks, and buy and trade bonds and stocks?

Me as a Dreamer, just wanted to make sure.

Louis George Fazzi
Louis George Fazzi answered on Mar 11, 2021

As long as you are over the age of 18, you can invest in stocks, bonds, and all other negotiable instruments.

2 Answers | Asked in Contracts for California on
Q: I signed a partnership contract and they didn’t hold their end of the agreement now I want out of the contract.
Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Mar 8, 2021

First ... we would need to review the terms and conditions of the partnership contract ... along with a review of the relevant facts ... I would suggest that you take advantage of a "free initial consultation" with at least two attorneys of your choice... and then we can proceed from there.

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Business Law for California on
Q: Is it legal for me to ask my clients for a deposit (50% of the inspection fee) ?

Or they can pay the total cost of the inspection fee no later than on the day of the inspection. Otherwise no report will be delivered to the client. To many times, clients don’t want to pay or want to cancel the inspection without giving ANY Notice, so if they pay a deposit they are less likely... Read more »

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Mar 6, 2021

Yes. That is legal, and completely reasonable. Just make sure you are completely transparent with your clients about your policy before you take their deposit to hold their inspection appointment, and under what conditions that deposit will or won’t be refunded. Good luck.

3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for California on
Q: How much can a pawnbroker charge in interest for money loaned in California ?

Gave jewelry as collateral- got a loan for $13000 = trying to buy back items from pawn broker who want $27942.26

Can they charge that much interest?

The paperwork states 45% charge annual is that loan sharking?

David Luther Woodward
David Luther Woodward answered on Mar 4, 2021

Yes it is, and probably they can. Pawnbrokers have the ability to charge massive interest rates under many state laws. I am not familiar with your state, but here in Florida it is confiscatory.

You only mention bankruptcy. Go see a good local bankruptcy lawyer (not one of those mills...
Read more »

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1 Answer | Asked in Contracts for California on
Q: We signed a contract to purchase a lot and build a home in Tennessee, we have changed our minds and the company has

Agreed to let us out of the contract but is stating that they are keeping our $ in case we want to enter into another contract with them in the next 2 years. We want our deposit back less fees for meetings with the draftsman and designer. What do we do?

Tim Akpinar
Tim Akpinar answered on Mar 4, 2021

A California (or Tennessee) attorney would be able to advise best, but your question remains open for a month. Given the short format of this question and answer board, it could be difficult for any attorney to offer you a meaningful answer to your question. You could reach out to attorneys to... Read more »

1 Answer | Asked in Contracts, Business Law, Gov & Administrative Law and Government Contracts for California on
Q: My LLC got & spent $48k EIDL, but I'm now out of business & can't repay. If I dissolve b4 payment is due can I get out?

It's a business of one. The EIDL/SBA contract lists my LLC as the borrower but it's my name as the authorized signer and manager of the biz. Biz has no assets or collateral. If I close the biz can they come after me personally to repay EIDL? To get out of paying is there anything I must... Read more »

Julie King
Julie King answered on Mar 2, 2021

You cannot dissolve the LLC unless you can swear under penalty of perjury that it owes no debts. But the answer to your question will depend on the language in the loan documentation you signed. That is your contract. A lawyer would have to guess what your documents say in order to answer your... Read more »

1 Answer | Asked in Contracts and Banking for California on
Q: A sellers right to cancel within 10 days, what happens after if they want to cancel due to financing

I traded my vehicle to a dealership on 2/15/21 and I received a call from them yesterday 2/25/21 asking me if I could put more money down or get a co-signer. What happens if they call me today saying they could get financing since it is no longer within the 10 days?

Yelena Gurevich
Yelena Gurevich answered on Feb 26, 2021

Since they called you on 2.25.21 asking for more money, you will have a hard time proving they did not "cancel" within 10 days since 2.25 was day 10. At this stage, the dealer can ask for the car back and give you back anything you paid/ traded in, or the dealer can choose to become the... Read more »

2 Answers | Asked in Consumer Law, Contracts, Business Formation and Business Law for California on
Q: Is it legal for a company to charge me for not being enrolled in autopay? I'm being charged 7.50 a month, seems illegal.

The company is Sunrun and based out of Denver Co, I am in the state of Ca.

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

Companies can give a preferential rate if someone signs up with autopay. Are you being billed extra because you are not or did you just choose the non-autopay option?

Depending on the industry, file a complaint with whoever regulates that industry.

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1 Answer | Asked in Contracts and Civil Litigation for California on
Q: Need help to prepare civil discovery motions to compel on a Limited Scope basis.

I'm the plaintiff. The law firm for the defendants are jerking me around with BS objections and responses to discovery. I'm looking for a lawyer who can assist me on a Limited Scope basis to prepare high quality motions to compel discovery which are dead bang winners.

Please... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Feb 25, 2021

All real litigators know there is no such thing as a "dead bang winner" discovery motion. Generally, judges do not like these types of motions. The key to effective discovery is precise and clear drafting of the discovery, clear necessity for the particular discovery, and well-documented... Read more »

4 Answers | Asked in Bankruptcy, Contracts, Copyright and Criminal Law for California on
Q: Can I use word "Minnie" in my brand title, brand logo. I only use "Minnie", not "Minnie Mouse", is it ok?

For example, my brand is: Pinky Minnie Couture or Destiny Minnie Arts ...

David Michael Lehr
David Michael Lehr answered on Feb 25, 2021

Not a criminal law question.

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3 Answers | Asked in Bankruptcy, Contracts, Admiralty / Maritime and Business Law for California on
Q: What option do we have to avoid bankruptcy as freight forwarder hit by per-diem charges for container storage?

We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers... Read more »

Leon Bayer
Leon Bayer answered on Feb 23, 2021

You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.

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