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California Contracts Questions & Answers
2 Answers | Asked in Civil Litigation, Contracts and Employment Law for California on
Q: Can I sue someone if feel he brech contract on a settlement that both parties breached
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

If you're not a party to the contract, and don't have a stake in the matter, then the answer could be "no." The court could determine that you don't have standing to sue.

But since you're asking this question, it's a safe bet that you are a party to the...
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1 Answer | Asked in Landlord - Tenant, Contracts and Civil Rights for California on
Q: does the following count as an eviction notice.

“ You are not a tenant at the apartment. It’s not my apartment I do not live there and you stayin there is not allowed. I am not a tenant and you are not one either there was no rental agreement between us and you are in MY apartment against my wishes. This is an unlawful occupation of my... View More

James L. Arrasmith
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answered on Jul 1, 2024

Based on the information provided, there are several important points to consider:

1. Tenancy status:

Despite not having a written lease agreement, you may still be considered a tenant under California law. If you've been living in the apartment for over 6 months and paying...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Security deposit dispute.

Landlord is charging me for a new stove when it's operable, but has scratches from normal use. They said their repair guy says it needs to be replaced because it's a fire hazard, but no proof. Their explanation was the finish being damaged and the burners being grease. All issues can be... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, there are several aspects to consider in this security deposit dispute:

1. Normal wear and tear: In California, landlords cannot charge tenants for normal wear and tear. Scratches from normal use on a stove that's at least a few years old would likely...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for California on
Q: ABC revoked my evicted tenants license to sell indefinitely. Tenants transfers license to a person who doesn’t lease.

All of this was done with out my consent they were open and selling illegally this weekend. Sheriff refused to help me. Rent past due since May 2024.

James L. Arrasmith
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answered on Jun 30, 2024

I understand you're dealing with a complex legal situation involving evicted tenants, licensing issues, and overdue rent. Let me break down the key points and provide some general guidance.

1. Eviction status: You mention "evicted tenants," but it's not clear if the...
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1 Answer | Asked in Contracts, Appeals / Appellate Law and Civil Litigation for California on
Q: Can we file pre-emptive opposition to Defendant's motion to stay judgement pending appeal?

We are pro per plaintiffs who were successful in obtaining a significant award in a civil unlimited case. Defendants were unsuccessful in post-trial motions, so they filed an appeal from judgement and another from post-trial order. Defendants are represented by a large and aggressive firm, who has... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the information provided, here's my analysis of your situation:

1. Preemptive Opposition:

In general, it is possible to file a preemptive opposition to an anticipated motion. However, this is not a common practice and may not be the most effective strategy. Courts...
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1 Answer | Asked in Elder Law, Civil Litigation, Contracts and Gov & Administrative Law for California on
Q: I signed an agreement with the Masonic Homes at Covina by which they would take care of me until I die. I am 78.

In exchange, they get . 75% of my Social Security income. I developed mental problems in 2023 which were later diagnosed as vascular dementia due to bleeding in my brain. To make a long story shorter, I was plopped in Clearwater at Glendora, where I have lived for slightly over a year. There is... View More

James L. Arrasmith
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answered on Jun 29, 2024

Thank you for sharing your situation. This is a complex legal matter involving elder law, contracts, and medical issues. Here's an overview of the key points and some general guidance:

1. Breaking the covenant:

To break the agreement with Masonic Homes, you'll likely need...
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2 Answers | Asked in Real Estate Law, Tax Law and Contracts for California on
Q: Advice on Feasibility of a Lease-to-Own Agreement for Real Estate Investment

Hello,

I need advice on a potential lease-to-own arrangement. I invested in a person who can’t pay me back. He owns several properties but has low equity (around 25%). I’m considering renting the properties from him, making the mortgage payments directly to the bank, and taking... View More

James L. Arrasmith
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answered on Jun 29, 2024

Here's an overview of the key considerations for your proposed lease-to-own arrangement:

Legal feasibility:

This type of arrangement is generally legally possible in California, but would need to be carefully structured. You'd likely use a combination of a lease agreement...
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2 Answers | Asked in Real Estate Law, Tax Law and Contracts for California on
Q: Advice on Feasibility of a Lease-to-Own Agreement for Real Estate Investment

Hello,

I need advice on a potential lease-to-own arrangement. I invested in a person who can’t pay me back. He owns several properties but has low equity (around 25%). I’m considering renting the properties from him, making the mortgage payments directly to the bank, and taking... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

You need an attorney to draft a lease agreement for you to protect your rights. If you are paying directly to the bank, you do not have to worry about the landlord's defaults.

You need to record the lease in the country recorder to protect your...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can auto dealership lie about the condition of a car and omit telling you about the required 30 day warranty

When purchasing a car at auto dealership, I asked if the car had any issues. I purchased the car with the understanding that it was a good car with no issues, it would last me a long time. Sales person mislead me to believe it was a deal and at the time signing contract he was involved with the... View More

James L. Arrasmith
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answered on Jun 29, 2024

This situation involves several potential legal issues related to consumer protection and auto sales. Here's an overview of the key points and potential legal considerations:

1. Misrepresentation of vehicle condition:

If the dealership knowingly misrepresented the condition of...
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1 Answer | Asked in Contracts, Business Law and Construction Law for California on
Q: Can I do a job under my employees contractors licenses

I have a small repair shop. I have a job that is needing be done outside of my repair shop. The contractors license is necessary for the dollar amount. My employee is a licensed contractor but is working for me under my Workmen’s Comp.. Can I do the job under her contractors license, if she is... View More

James L. Arrasmith
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answered on Jun 27, 2024

1. Generally, a contractor's license is not transferable. You cannot simply "use" your employee's license for your business operations.

2. In California, the person or entity performing contracting work must hold the appropriate license. If your business is performing...
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1 Answer | Asked in Contracts, Collections and Civil Litigation for California on
Q: Can attorney for the defendant in a very similar (unlimited civil) case be the agent to receive summon of a new case?

Hi, The defendant has been in hiding; It hasn't been possible to locate him to send the summon for the new case. Both cases are almost identical. Thank you.

James L. Arrasmith
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answered on Jun 26, 2024

Generally, an attorney for a defendant in one case cannot automatically be considered an agent for service of process in a separate case, even if the cases are very similar.

In California, proper service of process typically requires:

1. Personal service on the defendant

2....
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1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for California on
Q: My question pertains to employment law and hiring discrimination.

If a person is entitled to a copy of their credit report after being denied credit based on one or more derogatory marks enumerated within, and similarly, if a person is entitled to a copy of their ChexSystems Disclosure Report if they are denied the opening of a checking account for having a... View More

James L. Arrasmith
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answered on Jun 25, 2024

Your question raises several interesting points about employment law, hiring practices, and potential discrimination. Let's break this down step-by-step:

1. Credit Reports and ChexSystems Disclosures:

You're correct that consumers are entitled to free copies of their...
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1 Answer | Asked in Contracts and Health Care Law for California on
Q: Ensuring proper data. Contract

Is it customary to propound interrogatory regarding restrictive covenants in hospital/doctor contract, in addition to demand for production of full unredacted contractual agreement?

James L. Arrasmith
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answered on Jun 25, 2024

To answer this question, we need to consider a few aspects of legal discovery in contract disputes, particularly in the healthcare context:

1. Interrogatories: These are written questions that one party sends to another during the discovery phase of a lawsuit. They can be used to gather...
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1 Answer | Asked in Business Law and Contracts for California on
Q: Due to disagreement on number of stock options granted to me per the original contract, I didn't end up exercising my

0

Due to disagreement on number of stock options granted to me per the original contract, I didn't end up exercising my options within 90 day period and now they are saying those are all expired.I have emails regarding discussion on number of the shares and my disagreement during 90... View More

James L. Arrasmith
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answered on Jun 25, 2024

Under California law, contract disputes can potentially toll, or pause, the expiration period of stock options, but this is not automatic. The key factor is whether the dispute can be proven to have prevented you from exercising the options within the designated period. If you have documented... View More

1 Answer | Asked in Contracts for California on
Q: If someone cancels a contract can they still try to hold the other party to the terms of the canceled contract?
James L. Arrasmith
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answered on Jun 25, 2024

In California, once a contract is legally canceled, neither party can hold the other to the terms of that canceled contract. Cancellation effectively nullifies the agreement, meaning that the obligations and rights stipulated in the contract are no longer enforceable.

However, it's...
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1 Answer | Asked in Contracts and Medical Malpractice for California on
Q: Non-complete clauses

In common area for customization of hospital/doctor contract what is non/complete clauses?

James L. Arrasmith
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answered on Jun 24, 2024

To answer this question, let's break down the key elements:

1. Non-compete clauses in healthcare contracts:

Non-compete clauses (often mistakenly called "non-complete" clauses) are contractual provisions that restrict a healthcare professional from practicing in a...
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1 Answer | Asked in Contracts and Medical Malpractice for California on
Q: Comparison of hospital/doctor contract

Is there such a thing as standard or typical Hospital/doctor contract for doctors of the same speciality , education, and level of experience? In other words, for comparison of doctor's compensation and incentives what are criteria for comparison?

James L. Arrasmith
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answered on Jun 24, 2024

To answer this question, we need to consider several factors:

1. Standardization of contracts:

There is no single "standard" hospital/doctor contract that applies universally. Contracts can vary significantly based on factors like the hospital's size, location, and...
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1 Answer | Asked in Contracts and Medical Malpractice for California on
Q: Hospital's contract with doctor: standard vs tailored

Do hospital usually have standard contractual agreement, tailored for individual doctor?

James L. Arrasmith
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answered on Jun 23, 2024

Hospitals typically use a combination of standard and tailored contractual agreements when contracting with doctors. Here's a brief overview:

1. Standard contracts:

- Many hospitals start with a standard template agreement

- These cover common terms like compensation...
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2 Answers | Asked in Contracts and Civil Litigation for California on
Q: Specific California Evidence Code and statutes, how documents have to be verified for authenticity, or copies certified.

Specific California Evidence Code and statutes that define how documents have to be verified for authenticity, or copies certified.

James L. Arrasmith
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answered on Jun 22, 2024

Here are the key California Evidence Code sections and statutes related to document authentication and certification of copies:

1. Authentication of Writings (CEC §§ 1400-1421):

- CEC § 1400 defines authentication as "the introduction of evidence sufficient to sustain a...
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1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for California on
Q: Skullgirls, Censorship, break of contract crowdfunding

A business that I believe violated a contract, i tried getting in contact with them but their listed principle

HIDDEN VARIABLE STUDIOS, LLC (201036210015)

address is not extent. the real estate agent said they fled despite what the filing says.

File No.: BA20221287094... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're dealing with a complex situation involving potential contract violations, crowdfunding, and game development. Let me break down the key points and provide some general guidance:

1. Contract violation: You believe a business violated a contract related to a...
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