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California Contracts Questions & Answers
1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Where does it say in California law that a trustee must maintain trust assets (i.e. rental property for beneficiary)?

In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... Read more »

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.

2 Answers | Asked in Contracts and Employment Law for California on
Q: Does this constitute breach of contract therefore needing to pay the penalty for resigning against her will?

My RN wife was escorted out of the facility shes working at by the Director of Nursing because she refused to do something she was not trained at. With this, she felt harrased. But when she brought this up with HR, no action was done therefore, harassment of the Director of Nursing went on. She... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 12, 2022

Far more would need to be known about this situation before anyone could give solid advice. Generally the law does not protect employees against bullying, harassment or high pressure tactics to get someone to quit. Unless it can be established that the conduct was motivated by her membership in a... Read more »

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1 Answer | Asked in Construction Law and Contracts for California on
Q: Contract Fraud - Can I be sued for misrepresentation/contract fraud even tho I printed a disclosure on the contract.

Worked as Unlicensed Contractor, and printed disclaimers/disclosures of "NOT A LICENSED CONTRACTOR" on all Quotes and Invoices. The Plaintiff/Customer claims he was unaware that we weren't licensed. Sent customer 3 quotes and 3 invoices all with the disclosure printed on them. I... Read more »

James A. Greer
James A. Greer answered on Jan 10, 2022

Dear Unlicensed Contractor: You asked if you can "be sued for fraud" for having operated without a license despite placing "disclosures" of such on your invoices. Unfortunately, making "disclosures" on your paperwork does not obviate the requirement that you have... Read more »

2 Answers | Asked in Personal Injury, Contracts and Business Law for California on
Q: Voluntary Withdrawal of a Partner Long Question please read section below, could use your help!

Hi I am trying to find out if this clause in a contract is illegal:

Voluntary Withdrawal of a Partner

39. Any Partner will have the right to voluntarily withdraw from the Partnership at any time. Written notice of intention to withdraw must be served upon the remaining Partners at... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jan 7, 2022

It would be very imprudent for a lawyer to give you advice based on the limited information you provided. You should ask an attorney to read the whole contract and then sit down and discuss with you. Most likely would only require you to pay for one hour of their time.

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1 Answer | Asked in Contracts and Estate Planning for California on
Q: what legal document do I need to get?

My girlfriend and I bought a house and she is the one who is on the title I have put $100,000 so far into this home increasing property value and plan to put much more into it. I am worried that if something happens and we split I will be out of everything I put in. What can I do to bind a contract... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 6, 2022

You are very wise to be concerned about this. There is more than one way to handle this, and the correct choice depends on a lot of factors that you should discuss with an attorney. Maybe you need to be put on title with a percentage interest in the house. Or, maybe you should have your... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Business Formation for California on
Q: Can a business owner keep my deposit if we needed more time in order to buy the business but she sell it to someone else

We put in a deposit to buy a business but due to unforseen circumstance at my work, I need more time before I can quit my job and start the business. There was no agreement signed stating that the deposit was non refundable but she refused to refund my money and is planning to sell to someone else.... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jan 3, 2022

it's generally not a good idea to give anyone a deposit without a written contract. at this point you will either need to pay a business attorney for a complete consultation and advice or possibly take your chances in small claims court (if the amount is under $10,000).

2 Answers | Asked in Contracts, Employment Law and Business Law for California on
Q: California enforcement of non-solicitation contracts by an LLC?

I am employed, in CA, "at will" with a Limited Liability Company, SSG, that provides services to schools. I am hourly. I signed a No Solicitation agreement- that I wont accept employment, with the client (school) I have been assigned, during and 2 years after termination. I signed this... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 1, 2022

Business and Professions Code section 16600 makes unenforceable any contract that limits your ability to carry out your profession. Non-solicitation and non-compete provisions in contracts are therefore unenforceable, and any new employer that determines not to hire you based on knowledge that... Read more »

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2 Answers | Asked in Contracts, Employment Law and Business Law for California on
Q: Non-solicitation agreement between me and LLC; also between LLC and client.

I am employed, in CA, "at will" with a Limited Liability Company, Stepping Stones Group, that provides services to educational institutions. I am hourly. I started 3 months ago. Included in my offer letter, was an employment agreement. A section of the agreement, under "No... Read more »

Jonathon Maddox
Jonathon Maddox answered on Dec 31, 2021

Provided there’s no other relevant facts here, the Non-solicitation/non-compete clause would be enforceable.

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1 Answer | Asked in Estate Planning, Contracts, Banking and Probate for California on
Q: Co-admin of intestate estate removed CA PROB §8500, is estate still liable for assignment of beneficial interest?

My brother took inheritance advances and then stopped communicating with myself and the court; he and his lawyer have since been removed under CA PROB §8500. I am now the only heir to the estate and would like to know if the estate will still be liable for the inheritance advances that my brother... Read more »

Julie King
Julie King answered on Dec 30, 2021

Your question is not entirely clear because you are using some incorrect legal terms. The person in charge of administering an estate (the "Administrator" of the estate) is the person whose job it is to pay the decedent's final bills, ensure the final tax return is filed, and do many... Read more »

3 Answers | Asked in Contracts, Copyright, Employment Law and Employment Discrimination for California on
Q: Iam a licensed cosmetologist. Is it illegal to advertise pictures of hair I have previously done at another shop?

Only way to know it was at that shop is the paint color in the background. I work somewhere else now and the owner to the previous shop threatened me saying she's going to sue me because the pictures belong to her since it was at her shop. However the clients have followed me to the new shop... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 21, 2021

Yes it is possible that you could face liability. However far more would need to be known before anyone could give you a definitive answer. You need to seek out a specific consultation with an attorney.

Good luck to you.

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2 Answers | Asked in Business Law, Contracts and Federal Crimes for California on
Q: I need to know if I can get out of contract. Possible fraud.

I paid $50,000 to a company that promised to open and after that manage Amazon and Walmart stores for me. They promised a 20-40% return on investment monthly.

It has been three months and no work has been done. It’s very hard to get hold of anybody at the company and all communication is... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 13, 2021

Attorneys cannot solicit your business here. This is a forum where we can answer specific questions about general legal principals. You will need to use the find an attorney feature and call attorneys to have consultations and get quotes as to fees for the legal work you may need. Good luck.

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1 Answer | Asked in Contracts, DUI / DWI and Real Estate Law for California on
Q: Does a DUI arrest before closing on a mortgage invalidate previous sworn statements on application?

I signed paperwork to complete a SBA mortgage loan and said NO that I had never been arrested. After sending in the documents, but before closing, I was arrested for DUI. Should I amend my paperwork? I don't want to knowingly mislead, even though at the time I signed there was no problem. It... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Dec 6, 2021

Of course the devil is in the details, what you signed and how it is phrased, generally if everything your answered was true when you signed the document you should be fine. You might check with your realtor for an additional opinion.

1 Answer | Asked in Contracts, Personal Injury, Animal / Dog Law and Juvenile Law for California on
Q: What liability or waiver do I need in my in-client's-home petsitting contract if my toddler will be with me?

I have been pet sitting for over 15yrs and have a current contract I have been using but now I'm a single mom to a 2yr old who will be with me during pet stays at client's home. I always meet the dog and owner before pet care is provided and bring my kid with me to make sure dog is none... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 3, 2021

Make an appt to meet with lawyer to provide more info.

No lawyer should give an answer without more more info and like you have liability.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Civil Rights for California on
Q: covid: I pro per-no friend come with but plaintiff+lawyer allowed @hearing: now 2 declarations to my 1= viol of rights?

In a UD action, at a hearing of which I appeared in pro per, my friend came with me, for support, and for me to have a witness, but was denied access by the Bailiff, denying me the chance to verify claims now before the court. b4 entering ct. rm counsel put me in a moral quagmire, weighing my... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 2, 2021

You need to discuss all these issues with a lawyer. This question and answer format does not give us the opportunity to review all your evidence, or lack thereof, and then give you clear advice on what you might do.

Furthermore, there is insufficient information about what the result of the...
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2 Answers | Asked in Bankruptcy, Contracts, Personal Injury and Gov & Administrative Law for California on
Q: Default entered in Turner's favor

Enter default on pacer

Timothy Denison
Timothy Denison answered on Nov 28, 2021

What is your question?

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1 Answer | Asked in Construction Law and Contracts for California on
Q: Is the contract for work on my house voidable? If so, what do I need to do to void this contract?

I signed a contract for work to be done on my house after some water damage was incurred. They came to my house on 10/30 to look at what needed to be done and provided me with an estimate on 11/2. However, I now know that their contractor’s license expired on 10/31.

Yelena Gurevich
Yelena Gurevich answered on Nov 26, 2021

if they performed work that benefited you, you still owe the money for the work completed, regardless of their contractor license status. if they have not performed any work, then it may be possible to cancel the contract but you would have to spend money on a lawyer to review the contract and the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: Can the sellers cancel a counteroffer contract after both buyers and sellers have signed?

The buyers sent an offer to the sellers through their agent. The sellers sent a counteroffer. The buyers agreed to the counteroffer and signed the contract. The buyers agent sent the signed contract to the sellers agent via email.

The following day, the seller verbally told their agent... Read more »

James A. Greer
James A. Greer answered on Nov 22, 2021

Dear Buyer of "cancelled" Purchase Contract: The moment the Buyer delivers an executed Counter-Offer a BINDING CONTRACT FOR SALE is formed. Seller will try and position that the "delivery" was not effective because Seller's Agent failed to look at her email. Buyer will... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Formation and Business Law for California on
Q: How do I obtain text messages from Verizon when a client is wanting to sue me? I need proof through texts.

I need to obtain text messages from a year ago from my cell phone account. I’ve been through the steps through Verizon but they are not accessible through my iCloud. I need to find another alternative to pull those messages prior to having to take it to court. Is there a way that can be done?... Read more »

Nadine Sameer Deeb
Nadine Sameer Deeb answered on Nov 11, 2021

You could try subpoenaing them, but your attorney should already know that, unless it's small claims court or you don't have an attorney. You also have no guarantee that you'd get them, since Verizon is under no obligation to keep a copy of your messages for that long.

3 Answers | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: How much would it cost to have a 7 page invention assignment and employee services (2pg) agreement reviewed roughly?

I have my own small business doing engineering and research, but could use some additional funds so I am considering taking on a consulting project with a large company. I know the people I'd be working with as engineers, but the HR from this place is asking I take on being a W2 employee with... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Nov 11, 2021

Generally speaking ... about $20-$25 a page ... and obviously, it would be ideal to see the document first to firm up or edit the initial estimate... and it may be a good idea to schedule a video call for discussion.

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1 Answer | Asked in Contracts and Small Claims for California on
Q: Small Claims-Oral Agreement-Breach of Contract..Defendant offered to the plaintiff to put a car in the defendant's name.

Plaintiff paid down payment plus payments for a year believing she would be paying for the car to completion then defendant took the car. Plaintiff is suing for the down plus payments made. Defendant original offer to the plaintiff included 200 dollar payment to the defendant and a belief that it... Read more »

Jonathon Maddox
Jonathon Maddox answered on Nov 1, 2021

There are many issues not explained here. A contract has to have certain specific details, but it doesn't necessarily have to be written if it's only for a few hundred dollars. If the details were properly explained in an oral agreement, then there was a contract. Not having the... Read more »

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