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California Contracts Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Is this illegal?? I'm attempting to rent a condo with a "watered down house hacking" idea.

I want to house hack (buy a property, live in it, rent out the other rooms to pay expenses, cash flow, live for free, etc.) But living in soCal I can't do that yet. So, I was thinking what if I find a 3bd condo, find 2 roommates, furnish the shared spaces with my furniture, bring my Wi-fi... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jun 7, 2021

The enterprise you are suggesting is a sublease. It is done on different scales from residential real estate, to large retail establishments. I suggest you find a model residential sublease or two on the internet, and read through the legalese, while keeping in mind that every problem the sublease... Read more »

3 Answers | Asked in Bankruptcy, Contracts, Workers' Compensation and Public Benefits for California on
Q: I am the vendor in a bankruptcy case and the pay out was to commence on 2021/25/05, and the judge approved my paperwork.

Sent in claims paperwork and it was accepted and the asking of the funds was on the 25th to cover the prior court date asking amount.

Tristan Brown
Tristan Brown answered on Jun 3, 2021

Hello,

Given the information provided, I am unable to determine what information you are seeking. Please provide some additional information if you are seeking an answer or solution on this forum.

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5 Answers | Asked in Bankruptcy and Contracts for California on
Q: What if a defendant files for personal or biz bankruptcy before making all the payments of a settlement payment plan?

This is if both the defendant and attached business are named in the settlement. There would be a stipulation for entry of judgment attached to the settlement. The concern is the defendant defaulting and possibly filing bankruptcy prior to making payments.

Tristan Brown
Tristan Brown answered on May 31, 2021

More information is needed to determine how a bankruptcy may affect the settlement.

Once the defendant files for bankruptcy, whether it be personal or business bankruptcy, an automatic stay is generally issued. The automatic stay may legally prevent you from enforcing the settlement or...
Read more »

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1 Answer | Asked in Estate Planning, Probate, Contracts and Real Estate Law for California on
Q: Can a person file probate lost will claim 10 years after they used same false documents in 2011 only to fail to show up

But took all assets and disappeared. Now back with same will after i paid off house and filed in blind behind my back duing lock down virus

Julie King
Julie King answered on May 26, 2021

It is difficult to know how to respond to your question without more information. Certainly, if someone has falsified a document and used it in court, there is no way a judge would allow the document to be used UNLESS no one testified or proved that the document was fake. On a different point, if... Read more »

3 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: Can I sue for monetary compensation?

I cosigned a car loan for a friend. He defaulted the car loan and the bank handed the loan to a collection agency. I had to declare bankruptcy which destroyed my once stellar credit score. As a result I'm strained financially and am still recovering my credit score. I am unable to get any... Read more »

Tristan Brown
Tristan Brown answered on May 22, 2021

In general, a co-signor agrees to share liability for a debt with the co-debtor. A default by a co-debtor is often considered a default by the co-signor as well.

Did your friend use your information to apply for the loan without your consent? Did you willingly co-sign for your friend?...
Read more »

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1 Answer | Asked in Contracts, Products Liability and Intellectual Property for California on
Q: I would like to know how to contact an Inventor with whom i have invested money with

I have not seen or heard from him in years and I've been trying to find him

Tim Akpinar
Tim Akpinar answered on May 21, 2021

A California attorney could advise best, but your question remains open for four weeks. There are the usually ways you probably are already aware of, in terms of online research tools. You could speak with an investigator. Some full-service process serving companies hold themselves for such work.... Read more »

1 Answer | Asked in Products Liability, Consumer Law and Contracts for California on
Q: Purchased vehicle sans title, 11/28/20 dealr convince me was coming mail, tags title never came.

Dealer is blaming the DMV for no tags...it's getting an obvious lie. Dealer puts me off his tag title company and him leave me stranded with expired tags and have excuses "it's Covid" and "it's a gov van".

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2021

Seller must, by law, deliver "marketable title." Failure to do so is actionable. Contact the DMV Investigations unit and open an inquiry. Also, seek out a consumer protection attorney for more input.

1 Answer | Asked in Contracts and Small Claims for California on
Q: What can i do with my landscaper for him to finish my backyard? Keep saying he will come but he doesn’t show up.

Almost 2 months already,still unfinished. Probably the cost left to be done is less than $2000 and that is still a lot of money to us.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on May 21, 2021

A couple of initial questions ... [1] is the landscaper a licensed contractor ... [2] do you have a signed agreement for services ... [3] you will want to schedule a video call with at least two attorneys of your choice to discuss the next steps in the resolution process.

1 Answer | Asked in Business Law, Contracts and Entertainment / Sports for California on
Q: Do I need an entertainment lawyer or a business lawyer?

I have a lot of intellectual property claims I would like to file.

I have businesses I would like to create.

I would like to know the legalities of them.

I want to find someone who is willing to work for a percentage.

Julie King
Julie King answered on May 17, 2021

You would be best served hiring a law firm that has both intellectual property attorneys and business attorneys. If your business involves entertainment, then you may need an entertainment lawyer as well. But most business questions can be answered by a business attorney. Best wishes.

1 Answer | Asked in Child Custody, Contracts, Immigration Law and Appeals / Appellate Law for California on
Q: I found out that my old friends mom is using me as a reason to get custody over her daughter. Is this legal?

She thinks I’m a bad influence because she made assumptions about me. I haven’t hung out with her daughter in over a year or even gone to their house in two. She thinks that her dad will let me hang out with her but her dad and step mom hate me to.

Kevin L Dixler
Kevin L Dixler answered on May 7, 2021

How is this an immigration question? It seems like a matter that involves child custody. You may have rights, but may lose them if this is your child.

I strongly recommend an appointment with a competent California domestic relations attorney that handles child custody issues. Good luck!

2 Answers | Asked in Contracts and Business Law for California on
Q: Does a global non-compete from a Delaware LLC stand if I start a new company in California?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on May 7, 2021

"Global Non-Compete" language is always open to suspicion ... As you might imagine, the answer is "it depends" and I would suggest that you schedule a video call or telephone call with at least two attorneys ... to have that initial free 30 minute consultation ...

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1 Answer | Asked in Contracts for California on
Q: I purchased used carbut I want to return it. Called me to resign contract. Can I return at this point

Sign used car no return, dealership says I need to come in resign contracts to lower monthly payment.

Yelena Gurevich
Yelena Gurevich answered on May 7, 2021

You cannot buy a car and then decide you want to return it. However, the dealer can sell you a car and if they cannot find you financing within 10 days, then they can ask for the car back and cancel the contract. The dealer cannot make you sign a new contract. So if you are in this position,... Read more »

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Is there any legal action I can do since I haven’t received my money in almost a month???

I happened to sell my car to a dealer and i was supposed to get my money wired but my bank does not accept that and it’s been almost 1 month and it hasn’t gotten wired back to the account that sent it to me. I’m tired of waiting for my money I feel it shouldn’t take this long at all . They... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 5, 2021

Breaking this way down to basics:

You have an agreement to give them a car and for them to pay you.

They now have the car and the money, which is not OK.

You can be patient and hope this works out, but, that is not real likely.

You can get legal help....
Read more »

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: I just got an apt application approved and my girlfriend is on it with me. But she still has 3 months left on her lease

I want to make sure this isn't going to create any issues when signing the new lease. We are planning on just overlapping (her paying out the remains 3 months) her current lease because her current lease is cheaper because it is split between roommates she shares the apt with.

William Stanger
William Stanger answered on May 3, 2021

Overlapping on leases like this is very common. As long as she's paying the due rent on both properties, it shouldn't be an issue. It's risky to try to pay out the remaining months' rent in a lump sum, however. Usually, the lease language does not differentiate between rent... Read more »

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for California on
Q: Landlord ?: can I technically give “1 day leases” with 0 tenant/landlord obligations to have a gathering during covid?

Technically couldn’t I give unlimited leases just for one day to have all attendees be considered “household members”

William Stanger
William Stanger answered on May 3, 2021

The one day lease isn't the problem. A contract (including a lease) is not valid if it has zero obligations. You are also limited in the number of legal tenants to two per bedroom. Further, it seems likely that such a lease would be deemed to have an "illegal purpose" and be void... Read more »

1 Answer | Asked in Contracts and Collections for California on
Q: I was in a car accident, the physical therapy office sign a lien. Then sent me to collections. Do I have any recourse?
Leon Bayer
Leon Bayer answered on Apr 28, 2021

You owe them for treating you, UNLESS the contract says that payment is contingent on a successful recovery in a case against the party at fault for the accident.

2 Answers | Asked in Employment Discrimination, Employment Law and Contracts for California on
Q: I used to work for a flight school.My manager informed me that I could take flight lessons, build a balance & the owners

Would clear my balance for being an employee, just as I witnessed they did with other employees because this was one of the benefits working there. After a year of working there, I discovered my manager was stealing from the company so I informed the owners and they fired her. I stopped working... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 24, 2021

I suggest you do two things.

Consult with an attorney experienced in employment matters.

Contact the Labor Commissioner's office and ask for help getting your full pay and the benefits the employer promised you.

You can contact the Labor Commissioner's office by...
Read more »

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1 Answer | Asked in Contracts for California on
Q: Do you need to put your full legal name on contracts such as non disclosures?
Robert Alex Fleming
Robert Alex Fleming answered on Apr 22, 2021

You need to identify the person who is entering into a contract so when a problem arises, there is no doubt as to who agreed to what in the document. So make sure that whether including a second name, initial or neither, the name identifies you properly, as a party to the agreement.

1 Answer | Asked in Business Law, Contracts, Land Use & Zoning, Real Estate Law and Tax Law for California on
Q: My friend is interested in donating a piece of land to my nonprofit organization. How would we go about this?

Would he receive any benefits from this, tax write offs etc? Also he owes taxes on the property, I am willing to pay those off to make this happen. I plan to use this as a nonprofit headquarters, Art/Yoga/Event Space. Its already zoned for 4 residential structures

Robert Philip Cogan
Robert Philip Cogan answered on Apr 20, 2021

Real estate transfers and planning for the tax consequences are never do-it-yourself tasks. Tax benefits cannot be calculated without information about the property and the taxpayer. You say that you want a nonprofit HQ in a space zoned for residences. This by itself should be a red flag. If you do... Read more »

2 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: How to obtain a brick-and-mortar physical address in California?

We need a brick-and-mortar address for a business set up by us in the US (there might be more businesses in the future), whose CEO is working from home (currently in Ohio but soon to be in California).

For the new company, we tried already tried to register But the Secretary of State’s... Read more »

Julie King
Julie King answered on Apr 20, 2021

You may be making this more complicated than it needs to be. Why can't you use your home address? Yes, it will be a public record, but it works. There are many solutions to this issue without you having to lease expensive office space that you will not be using. Best wishes!

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