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California Contracts Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Can I break lease if I report multiple issues to landlord such as roaches, rats, window issues, and mold?

Window is missing one layer of the double pane windows now there is mold building up around windows and I have an 8 year child that it can affect. Since I moved in January there are roaches and I I reported it to management but no resolution. I've bought multiple products but none work. Now I... View More

James L. Arrasmith
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answered on Apr 14, 2024

In California, tenants have the right to habitable living conditions, which includes a pest-free and mold-free environment, as well as properly maintained windows. If your landlord fails to address these issues in a timely manner after being notified, you may have grounds to break your lease.... View More

1 Answer | Asked in Consumer Law, Contracts, Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: I've filed a civil lawsuit (not small claims) against my landlords and building managers, who are both listed as an LLC

What forms or actions do I need to follow to ensure I've got the defendants listed correctly and get their representatives served? I had already served the court paperwork to the attention of the LLC at the addresses I had from our lease paperwork.

James L. Arrasmith
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answered on Apr 11, 2024

In California, when filing a civil lawsuit against an LLC, you need to ensure that you have properly identified the defendant(s) and served them correctly. Here are the steps you should follow:

1. Identify the LLC's agent for service of process: You can search for the LLC's...
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1 Answer | Asked in Contracts and Education Law for California on
Q: Is a contract between a law student and their law school which promises not to transfer law schools binding?

My law school rewards students who make honors their first semester by providing a $4,000 stipend for working at a free internship over the summer. It comes with the cost of signing a contract written by the law school which promises to not transfer to another law school. I signed it because the... View More

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information provided, there are several legal issues to consider regarding the enforceability of the contract between you and your law school in California.

1. Unconscionability: If the contract is found to be unconscionable (i.e., unfair or one-sided), it may not be...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: What right does someone have who receives mail at apt. but is not on the lease

Ex is not on the lease, lives in apartment, wont leave, gets mail here but hasn't paid rent for the month. We do not have a written contract.

James L. Arrasmith
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answered on Apr 9, 2024

In California, a person who receives mail at an apartment but is not on the lease is considered an "unauthorized occupant" or "squatter." However, they may still have certain rights under California law, depending on the circumstances.

1. Establishing tenancy: If the...
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1 Answer | Asked in Contracts and Civil Litigation for California on
Q: Do i have respond to PLAINTIFFS OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADING? I'm the defendant in the case.

My attorney filed a MOTION FOR JUDGMENT ON THE PLEADINGS on March 1, 2024, and the plaintiff just filed an opposition on April 4, 2024. This is in regards to a breach of contract case.

James L. Arrasmith
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answered on Apr 8, 2024

In California, if the plaintiff has filed an opposition to your motion for judgment on the pleadings, you are not required to file a response. However, you have the option to file a reply brief if you wish to address any new arguments or points raised in the plaintiff's opposition.... View More

1 Answer | Asked in Contracts for California on
Q: If my bf is making payments on a car he bought for me can he legally take it back if it was given as a gift?
James L. Arrasmith
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answered on Apr 5, 2024

Under California law, whether your boyfriend can legally take back the car depends on the specific circumstances surrounding the gift and the car's ownership.

If the car was given to you as a genuine gift and the title was transferred to your name, then it is legally your property. In...
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2 Answers | Asked in Business Law, Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Is this possible Increasing commercial rent 35% in CA?

Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?

James L. Arrasmith
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answered on Apr 5, 2024

In California, there is no statewide rent control for commercial properties, which means that landlords can generally increase rent as much as they want when a lease expires or if the lease allows for rent increases. However, there are a few important considerations:

1. Lease terms: If your...
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2 Answers | Asked in Business Law, Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Is this possible Increasing commercial rent 35% in CA?

Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?

Robert Kane
Robert Kane
answered on Apr 6, 2024

Commercial leases are less regulated than residential for a few reasons. The parties are considered to be more evenly situated and shelter is a basic human need. Commercial leases are usually for a longer term (e.g. 5 years) so a substantial increase is not unheard of. Obviously, without knowing... View More

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2 Answers | Asked in Employment Law and Contracts for California on
Q: As a contractor can employer require us to work for an 8 1/2 hour shift 5 days a week for a flat rate of 270 each day

if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet

James L. Arrasmith
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answered on Apr 5, 2024

As an independent contractor in California, your relationship with the company that hired you is governed by the terms of your contract, not employment law. However, there are some important considerations:

1. Classification: It's crucial that you are correctly classified as an...
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2 Answers | Asked in Employment Law and Contracts for California on
Q: As a contractor can employer require us to work for an 8 1/2 hour shift 5 days a week for a flat rate of 270 each day

if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet

Neil Pedersen
Neil Pedersen
answered on Apr 5, 2024

Your issue here is whether you are properly classified as a contractor. If you are, then you are not entitled to the protections given to employees related to overtime and other such wage and hour issues. However it is very common for companies to misclassify a worker as a contractor when in fact... View More

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1 Answer | Asked in Consumer Law, Contracts, Gov & Administrative Law and Small Claims for California on
Q: Follow up question on CVRP & CARB.

I'm facing an ongoing issue with my EV rebate from CVRP & CARB. Initially, in email correspondence, they said "Our staff is well verse in our eligibility requirements and there was discussion in which our staff told you it was ok to apply early". However, when I sought further... View More

James L. Arrasmith
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answered on Apr 5, 2024

Regarding the TYPO issue, if you decide to take legal action, you can argue that you relied on the initial email correspondence from CVRP & CARB staff, where they clearly stated that it was acceptable for you to apply early. Even if they later claimed it was a typo, you acted in good faith... View More

1 Answer | Asked in Contracts, Real Estate Law and Gov & Administrative Law for California on
Q: My client is a realtor in California

Her Company name is "ABD realty Inc" (name changed)

Is that name legal --allowed ?

James L. Arrasmith
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answered on Apr 5, 2024

In California, the use of the word "realty" in a company name is regulated by the California Department of Real Estate (DRE). According to the DRE, the use of the word "realty" is restricted to licensed real estate brokers or corporations that have a licensed real estate broker... View More

Q: Who could I contact regarding some people who have done fraud to steal a person legacy

My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?

James L. Arrasmith
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answered on Apr 4, 2024

In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More

1 Answer | Asked in Consumer Law and Contracts for California on
Q: On going issue with about rebate with CVRP & CARB.

I'm facing an ongoing issue with the Clean Vehicle Rebate Program (CVRP) and the California Air Resources Board (CARB). Despite my repeated inquiries,made from various phone numbers, about applying before taking delivery of the vehicle, CVRP denied my rebate application.They claim to have... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information you've provided, it seems that you have a potential case against CVRP and CARB for denying your rebate application despite their staff allegedly informing you that it was acceptable to apply early. Here are a few steps you can consider:

1. Gather evidence:...
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1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for California on
Q: I have been renting a storage unit for 3months now today I got a rent increase notice my rent was $76per month they want

To increase it too $152!! Way over 34percent plus another $30 for insurance per month for a total of $182 per month !! Is this legal

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you provided, the rent increase for your storage unit in California seems to be questionable. In California, there are certain laws and regulations regarding rent increases for storage units.

According to California's Self-Service Storage Facility Act (Business...
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1 Answer | Asked in Contracts for California on
Q: As a contractor is the employer for the contract able to say I must start work at a certain time like an employee

Employer of contract is giving us set hours and trying to enforce we work those hours. Ex. 11-7:30pm. Considered late after 11

James L. Arrasmith
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answered on Apr 3, 2024

Under California law, the classification of a worker as an independent contractor or an employee is an important distinction that affects the level of control an employer can exert over the worker's schedule.

Generally, if a worker is properly classified as an independent contractor,...
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1 Answer | Asked in Business Law, Contracts, Real Estate Law and Small Claims for California on
Q: What is the rule for property managers in real estate law? That they have to be licensed to perform certain duties?

The management must be incensed agent to exercise certain duties,With the exception of living on-sight, which in this case they can perform those duties, but they must be under the close supervision of a licensed realtor. Paraphrased but what if the general manager of a apartment operates these... View More

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answered on Apr 3, 2024

Under California law, property managers who perform certain duties must be licensed real estate agents or brokers. The specific rules are outlined in California Business and Professions Code Section 10131 and 10131.01.

If a property manager is not licensed and performs duties that require a...
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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: What kind of contract should I sign between a real estate agent and a wholesale buyer? We want to partner to buy homes.

I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

You fail to describe the exact nature of your business. Are you looking for the Agent to find you properties that you would contract to buy and then remarket (or, "assign contracts," as you put it) to investors? Have you signed the investors to an LLC? This might work but there are... View More

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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: What kind of contract should I sign between a real estate agent and a wholesale buyer? We want to partner to buy homes.

I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More

James L. Arrasmith
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answered on Apr 3, 2024

In this situation, you should consider using a Joint Venture Agreement (JVA) or a Partnership Agreement. These contracts outline the terms and conditions of your partnership with the real estate agent, including the division of responsibilities, profits, and commissions.

Key points to...
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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: What kind of contract should I sign between a real estate agent and a wholesale buyer? We want to partner to buy homes.

I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More

Shawn R. Jackson
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answered on Apr 3, 2024

You have several choices ... from a straightforward partnership agreement [not recommended] ... to a joint venture agreement with good insurance ... or form an LLC with a carefully drafted LLC Operating Agreement. In these types of ventures "People, Money & Real Estate", the clarity... View More

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