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.
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 »
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 »
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 »
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 »
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 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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.]
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.]
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 »
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?
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 »
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