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I am 47 years old and recently discovered that an apartment building was gifted to me without my knowledge. The custodian responsible for this property failed to deliver it to me when I turned 21. This custodian has since passed away and left the property to her children. I found tax documents... View More 
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answered on Apr 3, 2025
26 years later is not the time to sue for land. Hire a CA attorney to search the title, including tax payments. If a trust was involved, you might have some causes of actions under trust statutes. Tolling the SOL may not work. Ultimately you want a suit for Ejectment and Quiet Title against... View More
I am a landlord of a small family commercial retail space considering a potential tenant application. The applicant has two last names: one on state documents like their driver's license and US passport (which they claim is their birth last name), and another on years of IRS tax filings and... View More
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answered on Apr 1, 2025
On the assumption that you want to bind "all" tenants and individuals occupying the space, you will want all names and any "aliases" that they may be using. One of several "focus points" you will want as the landlord in the lease, along with any personal guarantees ...... View More
During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More
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answered on Mar 26, 2025
Patents created during the marriage—whether individually or as part of a shared business—are typically considered community property and subject to division upon divorce, even if not disclosed initially. Because these patents and associated revenues were undisclosed during your 2017 divorce... View More
During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More
answered on Mar 26, 2025
You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.
I purchased a collector motorcycle through an online auction where the auctioneer, based in California, provided documentation stating it was an original model, according to factory records. Despite the Terms and Conditions stating that any legal action must occur in California, I argue that... View More
answered on Mar 22, 2025
Sorry to hear of your unfortunate experience. "Failure of consideration" would not be a viable theory. The damages related to the alleged fraud and failure to maintain the bond would be recoverable in your legal action. It would likely be worth your while to have the contract terms... View More
I took my car to a mechanic to fix a cracking sound. After leaving it overnight, the mechanic claimed that it was fixed. However, the problem persisted when I got the car back. I returned to the shop and asked if it was safe to drive back, and the mechanic assured me it was. Unfortunately, the car... View More
answered on Mar 18, 2025
Sorry for your issues. A licensed facility MUST give you a WRITTEN estimate and of course a final invoice showing what they did and the result and how much they charged. Failure to do so tells me that EITHER they are NOT licensed or they are IN trouble or they are simply CROOKS.
You... View More
I signed a contingency fee contract with my lawyer at 33%, but I found out it may increase up to 80%, plus I'm responsible for all bills. They didn't inform me about these terms. I received a $1,000 loan with interest on my $2 million case, but the check was not valid. After attempting to... View More
answered on Mar 14, 2025
The fees are determined by the fee agreement. But the fees must not be unconscionable; what you describe may be unconscionable.
If you hire a new attorney, the former attorney will likely be entitled to a fee but it will be limited.
Consult with and hire another attorney before... View More
I am a co-founder of a California C Corporation startup, and I discovered that the company tricked me into working for free without any signed documents or issuance of shares. My business attorney informed me that I should have been paid under California law. The company is ignoring multiple... View More
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answered on Mar 13, 2025
Based on the circumstances described, your situation touches on both employment law and intellectual property (IP) principles.
California law requires employers to pay wages for work performed. If you were tricked into working without pay, you may have a claim under the California Labor... View More
I was the Chief Marketing Officer and a 25% owner of a company, with no prior written agreement about stock ownership after departure. I never saw or approved an SBA loan taken by the company. Since I was terminated a year ago and signed releases, my former partner is now asking me to sign a... View More
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answered on Mar 13, 2025
You are not obligated to sign a personal guarantee for the SBA loan unless you explicitly agreed to do so in a prior agreement. Since you mentioned there was no prior written agreement about stock ownership after departure and you never saw or approved the SBA loan, you are not legally bound to... View More
I signed a contract with another party to open a business, and the business license is in my name, registered with the Secretary of State in California. The business is located at my address. However, I haven't heard from the other party since November 26, 2024. There are websites running with... View More
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answered on Mar 10, 2025
Assuming you have a valid contract (oral or written) between you and your partner, you can file a civil action for breach of contract. To prove a breach of contract claim you would need to establish the existence of a contract, your performance or excuse for nonperformance, the other party's... View More
I have a written agreement for a private easement that allows the owner of the adjacent property to use my driveway to access his garage. However, the tenant of the owner, not the owner himself, has been intermittently parking their car in my driveway almost daily over the past three years. Despite... View More
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answered on Feb 27, 2025
You will need a CA attorney to read your recorded easement. If personal only to the adjacent owner, then it might be actually a license where noone else could use it. But if an easement, owner's tenant probably has the right also. Litigation for a declaratory judgment and an injunction... View More
I won a settlement from my automobile accident injury case, and it's been 6 weeks without receiving my settlement check. My lawyer initially told me over the phone it would take 3 to 4 weeks, but I haven't received any updates. I was informed that the delay is due to the liens department... View More
answered on Feb 26, 2025
Yes, its normal. The chance that another another will want to take over now is almost 0%, unless you want to pay an hourly fee, which would almost certainly be prohibitively expensive. There are no steps you can take. This is in the hands of the companies asserting the liens and medical billing... View More
I am representing myself in a personal injury tort case due to inability to find counsel. My complaint includes causes of action such as harassment, implied warranty of habitability, utility shut offs, malicious prosecution, breach of contract, and conversion of personal property. I've drafted... View More
answered on Feb 25, 2025
Personal Injury (PI) attorneys work on a contingency fee basis, which means they only get paid if they win your case. Kind of similar to a Realtor who only gets paid if they sell your house. So, if you had a strong PI case, with a $4mil. valuation... AND puni's, against a financially strong... View More
I need help filing a business lawsuit in San Francisco Superior Court but as a low income individual cannot afford an attorney who charges full sum of representation upfront. Where can I find an attorney who works on contingency basis?
answered on Feb 21, 2025
Quite simply, you will need to contact attorneys until you find one willing to represent you on a contingency basis. This will be challenging. Law firms do not gamble. It will need to be a sure thing with the settlement/judgment paid immediately upon resolution. This will be based on the law... View More
I had an agreement with someone who provided me financial support, amounting to millions of dollars, as a gift without any conditions attached. I've decided to stop communicating with him, and I have informed him of this decision in writing. Now he is threatening to go to the police, claiming... View More
answered on Feb 20, 2025
The quick/short answer is Forensics. Records will be key to battling this accusation and you must prepare yourself for whats coming around the corner. This will also help you if there are any secondary reporting issues (taxes) if a regulatory agency will be motivated to look more closely into the... View More
I purchased a medical-grade device from a business that did not verify whether I have the proper license to use it. The company claims you don't need a license to own it, but industry standards and my research indicate that a license is required for business use. They provided minimal... View More
answered on Feb 14, 2025
If you can establish they were prohibited by law from selling it to you perhaps you have an argument. Admitting you have been using it illegally is a problem that would likely have consequences. For you to be absolved of any responsibility for not knowing you had to be licensed seems very unlikely.... View More
I hired a contractor to work on my house, but he stopped showing up and doesn't respond to my calls or messages. I have a written contract and I've made four payments by check. I've filled out forms to sue him in small claims court, but I'm unsure how to "serve" him... View More
answered on Feb 13, 2025
Ultimately, a judge could allow service by publication. As a practical matter, you should exhaust all resources to locate and personally serve them. A default judgment isn't worth much if you can't find them. If you do eventually find them, they will undoubtedly try to set the default... View More
It’s frustrating looking for a civil attorney in Riverside County everyone I called wants $25-$50,000 just to respond to a letter is this common? I only discovered that I was served because of my credit search that was the only way I found out.
answered on Feb 11, 2025
Your problem is not limited to a letter: even if the other side agrees to vacate the Judgment, you will still have to deal with the underlying lawsuit. The lawyers don't want $25-$50K to respond to a letter, except in the sense that "respond" involves representing you in a civil... View More
We hired Flagship Solar in California to install solar panels on our roof. However, our roof wasn't suitable for the installation, so the solar company contracted Daniels Roofing to replace the roof before proceeding. Since the new roof and solar panels were installed, we’ve experienced... View More
answered on Feb 6, 2025
Sorry to hear about your situation. Whether you can bypass the arbitration clause depends on the specific language of your contract and the circumstances of the dispute. Arbitration clauses are generally enforceable in California, but there are limited exceptions. For example, an arbitration... View More
This settlement aimed to avoid state penalties for employer. They set timeline for payment in their contract. Payment was due in 5 business days but was disbursed incorrectly. They claimed it was complete, forcing you into repeated disputes over misclassified payments. They corrected one item after... View More
answered on Feb 1, 2025
While no one can give you competent advice without reading the settlement agreement, as a general rule, if a party pays and corrects their mistakes within 4 days, then the contract is probably still enforceable under the doctrine of substantial compliance. If you want to void the contract, then you... View More
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