answered on Nov 18, 2022
In California, tenants who are defendants in an unlawful detainer cannot file a cross-complaint. However, the tenant can file a separate lawsuit against the landlord for any breach of the rental agreement, negligence, fraud, harassment and other claims.
Hiring process completed. Verbal job offer. Start date confirmed. Salary confirmed. HR drafting offer letter for signature. Company found out I was in a car accident. Pulled offer.
answered on Nov 17, 2022
You have not asked a question. I will assume you want to know whether the employer did anything wrong. The answer is no.
Even if the written contract had been signed, the employer has the right to change the terms and conditions of employment, including whether you can be or stay... Read more »
I was a contractor for a Boston based privately funded tech startup, working from California but providing services across the country. I've been a CA resident since 1987. Governing law of the agreement is MA but they failed to provide me a copy of the agreement before being given a formal... Read more »
answered on Nov 15, 2022
Your post suggests some violation of the law, some misunderstanding of the law, and a likely breach of contract claim.
As a California resident, California law applies to protect you even if an agreement states otherwise. The MA law choice of law and venue provision will be rendered... Read more »
I signed a contract with a General Contractor that included work by subcontractors for prices that we agreed upon. The GC then without me knowing renegotiated and reduced the scope of work without telling me. He planned on keeping the savings until I found out what he had done. Is this even... Read more »
answered on Nov 15, 2022
When you say "renegotiated" do you mean you and the GC agreed to modify your agreement? Don't answer here. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »
There seems to be a lot of things in these contracts that are unrelated to curriculum and attendance. In some cases it does not seem to be related to education at all and if it is it states it has very little to do with it. I do not want to sign it but they are saying if I do not then my child... Read more »
answered on Nov 15, 2022
You could take the contract to a local attorney and pay him to review it, allowing you to ask any pertinent questions. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal... Read more »
In-home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for partial refund legal case?
I had an in home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for refund or partial discount. Total billing was... Read more »
answered on Nov 15, 2022
You have at least two separate issues, the cost of her services and the failure to perform competently. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney... Read more »
This is regarding a change order on a commercial project
answered on Nov 15, 2022
I'm not sure about detailed labor information, but I see no reason why they couldn't request material receipts. To be sure look toward the contract to see the terms of the agreement.
Is this an unfair business practice and how can I get my money back?
answered on Nov 14, 2022
This may be an unfair business practice, breach of contract and breach of the covenant of good faith and fair dealing, depending on more facts. Was there a written contract for the job? If not, were the terms of an oral agreement later referenced or set forth in an email/text? Was the contractor... Read more »
I hired a contractor to remodel a kitchen and bathroom. He did really poor work, and refuses to fix it. When he was doing th ekitchen he found some damage to the back wall of the house. I agreed to have him fix it and the top floor of my house has dipped. I can't close a window. I have... Read more »
answered on Nov 14, 2022
You should review the terms of your contract. It is illegal for a contractor to request or accept money for work not yet performed or materials not delivered. If the work is as bad as you say, then you should tell the contractor that he should send you a final invoice for all of the work performed... Read more »
to mandatory, binding arbitration.
The Contractor is stating I still owe him the balance on the contract so he will not fix any issues until that is paid. The CSLB states that the same issues should not be filed in a civil suit but the Contractor has now filed a civil suit in Superior... Read more »
answered on Nov 14, 2022
CSLB Claim vs. Civil Suit: Your first inquiry is whether the construction contract has Arbitration as a dispute mechanism - if it does, within 30 days of service of the Civil Suit you should file a "Motion to Stay" the civil suit grounded on the argument that the parties are... Read more »
answered on Nov 10, 2022
Parties to a contract can determine the state law that will govern the transaction should there be a dispute about the terms or performance of the contract. I assume your boss is in Texas, or your work transacts in Texas?
- My interest is in ending the contract and receiving the original design file, more than a pdf file as stated in the contract. The file I need to complete the work was generated by Chief Architect software.
- Contractor has never invoiced me for $1000 deposit, per contract. Told me... Read more »
answered on Nov 9, 2022
This somewhat depends on the terms of the contract. Technically, a contractor can only request a $1,000 up front or 10% of the contract upfront, whichever is lesser. A contractor can also not request money for work not performed or materials not delivered.
Our landlord terminated our 6 month lease that rolled over into a month-to-month lease in CA with 60 days notice and gave the reason that her son would be moving in. Once we moved out of the condo, no one moved in and it was put on the market to be sold. We had lived in the condo for a total of... Read more »
answered on Nov 4, 2022
I suspect you have no legal recourse against the landlord. Your lease agreement likely includes language that either side may terminate the rental agreement after providing 60 days written notice. Likely when the notice to terminate the rental agreement is sent, no reason is even needed. The fact... Read more »
I was offered a job at a school in Chino Hills, California and they are requiring me to cover the charges for a background check, TB test, and physical exam (all pre-employment). I found this information and I'm wondering if it applies to this situation since the company's headquaters are... Read more »
answered on Nov 2, 2022
Since you reside in California, California law applies to your employment. Rather than risk not getting the job, you should consider paying for the items required by the employer, then seeking reimbursement after the fact and explaining the California law. If they terminate you after you are hired,... Read more »
We are two senior citizens and retired teachers. Paid contractor $31,500 for a $26,500 job. He only did $15,000 of the job before he abandoned job.
answered on Oct 27, 2022
Start with a complaint to the state contractor's board and go from there...
I bought the kitten for $750, from a person, claiming they were worked with a Cattery. I traveled to the location for the transaction, not at the Cattery. They gave me the wrong gender. Kittens at that age may be difficult to determine the gender without a thorough examination. They acknowledged... Read more »
answered on Oct 26, 2022
Sounds like a small claims action. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
The company always reimburses me after the credit card billing cycle, hence, we incur interest every month.
I requested a company card or advances, they stated that if I do not travel and pay for it with my personal credit card they will consider me as resigned. Unbelievable, I'm 67,... Read more »
answered on Oct 19, 2022
Speak with a local employment law attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
I work for company that takes care of people the person wants to hire me directly can I start my own business and care for that person
answered on Oct 19, 2022
Some companies have employment agreements that include non-competition provisions which prohibit the employee from soliciting their clients for a period of time after the employee leaves the company. If your company does not have such a provision to which you have agreed, then after you have... Read more »
answered on Oct 14, 2022
California is a community property state. However, since this is your fiance -- and not your spouse -- then California community property laws would not apply. Your remedy would be for breach of contract or promissory estoppel.
I have been offered an employment contract with an arbitration agreement clause that includes a jury trial waiver, is this valid under the CA constitution and/or US constitution, and what are the laws governing jury trial waiver in employment law?
answered on Oct 14, 2022
It is constitutional. However in California there is a statute that states that no employer can make signing an arbitration clause a condition of employment, which means you can lawfully refuse to sign that part of the agreement. Further the clause will be considered unenforceable if you sign it... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
