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2 Answers | Asked in Energy, Oil and Gas, Consumer Law and Municipal Law for California on
Q: Can utility co. charge 10% "late penalty" when current charges are being paid timely but customer has past due balance?

Local utility company has a written 30-day due date for utility bills. If not paid w/in 30 days, assess a one-time 10% penalty, plus .5% monthly interest for past-due balances.

If customer has a past-due balance, utility company then puts "DUE UPON RECEIPT" on the monthly bill... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

It appears that the utility company is applying your payments to the oldest debt, not the current debt, this means as long as you keep a past due balance you are going to be assessed late fees for underpayment of the bill. To avoid this you would have to pay off the current balance 100$. I would... Read more »

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1 Answer | Asked in Energy, Oil and Gas for California on
Q: I am filing a writ of mandate is there a time limit? Can I file for the common good?

Filing to end gas car ban in California

James L. Arrasmith
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answered on May 16, 2023

Time Limit: Writs of mandate are subject to specific time limits, known as statutes of limitations. These time limits vary depending on the nature of the case and the jurisdiction in which you are filing. It is crucial to consult with an attorney promptly to ensure your filing falls within the... Read more »

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for California on
Q: Can our HOA require us to get an insurance policy naming them as secondary beneficiaries when we add solar to our home?

At first the HOA said no to solar, but after ca passed legislation saying hoa's couldn't prevent us from getting solar, the HOA attorneys came up with a 4 page plan including the home owner must get a secondary insurance policy of 1 million dollars listing the HOA as secondary... Read more »

James L. Arrasmith
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answered on May 9, 2023

While HOAs may have some authority to regulate the installation of solar panels on homes within the community, requiring homeowners to obtain an insurance policy naming the HOA as secondary beneficiaries is not a common requirement and may be legally questionable.

The specific laws and...
Read more »

1 Answer | Asked in Energy, Oil and Gas and Estate Planning for Louisiana on
Q: Chesapeake Energy property, which was in deceased father’s trust, did not have a quit claim from trust to

beneficiaries. This was discovered after trust ended with final tax return. Chesapeake insists there has to be quit claim from trust to beneficiaries in order to claim ownership, but since trust no longer exists, nothing can be conveyed. What should be done?

Richard Winblad
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Richard Winblad
answered on May 1, 2023

Sorry for your loss.

It is no uncommon for minerals to left out of a trust. In fact the same thing happened to Bing Crosby. It is extremely likely that your father also had a will with a clause that instructed that any property administered is to be put into the Trust. This is known as a...
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1 Answer | Asked in Consumer Law, Contracts and Energy, Oil and Gas for California on
Q: How can I force my solar company to reimburse the full true-up cost, or perhaps have edison forgive the balance?

California: I have been leasing a Sunrun solar system with a 100% performance guarantee for several years, but I'm still connected to SCE because I don't have a battery. Last year, the solar system had completely failed, and Sunrun didn't finish repairs for over six months.... Read more »

James L. Arrasmith
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answered on Apr 25, 2023

If you have a solar system with a performance guarantee, as you mentioned, your solar company, Sunrun, should be responsible for ensuring that the system is operating at peak performance and delivering the promised amount of energy to your home. If the system fails and Sunrun fails to repair it in... Read more »

1 Answer | Asked in Energy, Oil and Gas and Gov & Administrative Law for California on
Q: how does president biden have the authority to shut down parts of our energy, a oil pipeline? what gives him authority
James L. Arrasmith
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answered on Apr 17, 2023

As the President of the United States, Joe Biden has the authority to issue executive orders that impact various aspects of American life, including the energy sector. The executive branch of the government, which includes the President and federal agencies, has broad powers to regulate industries... Read more »

2 Answers | Asked in Energy, Oil and Gas, Patents (Intellectual Property) and Contracts for Texas on
Q: My Late husband died in an accident before retirement, he has 52 utility Patents and he was a Sr Software Engineer.

The company he worked for is now trying to say I new about the Patents so that they don't share my late husbands Royalities he would have gotten,with me. We were married 15 years until his death, if I had known he had all of those Patents I certainly would not have waited till now. I found out... Read more »

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 1, 2023

I am sorry about the accident that took your husband. While the patents are a part of this issue, I suspect that the prime legal arguments will be about the licenses or other agreements that your husband had with the company. This is contract law. The litigation will be primarily on contract law... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Patents (Intellectual Property) and Contracts for Texas on
Q: My Late husband died in an accident before retirement, he has 52 utility Patents and he was a Sr Software Engineer.

The company he worked for is now trying to say I new about the Patents so that they don't share my late husbands Royalities he would have gotten,with me. We were married 15 years until his death, if I had known he had all of those Patents I certainly would not have waited till now. I found out... Read more »

James L. Arrasmith
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answered on Apr 9, 2023

As the widow of a late husband who had 52 utility patents as a senior software engineer, you may be entitled to a percentage of his royalties from the company he worked for. The fact that you did not know about all of his patents does not necessarily preclude you from receiving a share of the... Read more »

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1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for California on
Q: Does a landlord have to provide heat for a rental unit? Does landlord have to prove energy usage to charge for energy?

I am renting studio (converted garage) and there is no a/c and no heat. I am currently using a space heater for the winter. I have a window a/c unit for the summer.

Tenant occupying main house is charging me for sdg&e bill but my lease states I have a $100 credit for utilities.... Read more »

James L. Arrasmith
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answered on Mar 15, 2023

Under California law, landlords are generally required to provide a working heating system for rental units, particularly during the winter months. California Civil Code Section 1941.1 states that landlords must maintain a rental unit in a habitable condition, which includes providing functional... Read more »

2 Answers | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: I signed solar panel purchase and installation agreement that has a couple issues and want to see if it's still binding

The first issue is that the agreement does not include my full first name, Stephen. The agreement has Steve as my first name. I assume this does not matter and the agreement is still valid, but could you please confirm? The 2nd issue is the "Design Services" Article states: American... Read more »

Jacob Rheaume
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answered on Mar 14, 2023

First question:

The Steve v. Stephen distinction is not likely to matter, especially if you signed the Agreement already. Your signature will be indicia that you understood who they were referencing by calling you "Steve" (i.e., you wouldn't have signed if it called you...
Read more »

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1 Answer | Asked in Business Law, Energy, Oil and Gas and Contracts for Texas on
Q: Can I sue based on Liberty's actions: I had a gas lease agreement to which liberty Utilities fails to provide any notice

Liberty Utilities fails to provide any notices within a 24 hour time of notice when they appear to vacate property without any such work. This company has continued to breach our agreement concerning no kind of notices within a 24 hour period before coming on the property. They refused to make... Read more »

Aimee Hess
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Aimee Hess
answered on Mar 8, 2023

I assume that since you reference a utility company that the agreement you have with them is an easement. It's unusual for a utility easement to require advance notice to the land owner to come on vacant land to do work, and especially if the utility believes the work may be needed for a... Read more »

1 Answer | Asked in Energy, Oil and Gas and Contracts for California on
Q: Amerigas keeps filling our propane tank without authorization after they found a gas leak in our home and it's not fixed

We have no contract with Amerigas and have not fixed the gas leak in our home but they have filled the tank twice now in less than a month

James L. Arrasmith
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answered on Mar 3, 2023

I suggest that you take the following steps:

Contact Amerigas and inform them that you have not authorized them to fill your propane tank, and that there is a gas leak in your home that needs to be fixed before any further propane deliveries are made.

If Amerigas does not comply,...
Read more »

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: What if an oil company slant drilled on your property from another property 60 years ago in Oklahoma. Is it actionable
Aimee Hess
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Aimee Hess
answered on Feb 26, 2023

All states have statutes of limitations that prohibit bringing a claim after a certain number of years. You should contact an Oklahoma oil and gas attorney to determine what statute of limitations applies in your case. The answer will probably depend on a number of factors, such as: 1) when you... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Energy, Oil and Gas for California on
Q: How can I find out if stock certificates are still good? From 1964American Beryllium & oil corp,Leroy Cororation,

And stocks from Paradise strip investment, Nevada Land & mortgage com

James L. Arrasmith
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answered on Feb 20, 2023

To find out if stock certificates from 1964 for American Beryllium & Oil Corp and Leroy Corporation are still valid, you can follow these steps:

Check if the company still exists: The first step is to determine whether the companies are still in business. You can search for information...
Read more »

1 Answer | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: I am entering into a oil and gas lease with a company CNX and myself and 6 other heirs are being 15 percent royalties..

I am entering into a oil and gas lease with a company CNX and myself and 6 other heirs are being 15 percent royalties whay other things do i need to ask.. the well has apprently been operating with out notfiying heirs and is just now trying to remedy it?

Aimee Hess
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Aimee Hess
answered on Feb 17, 2023

You should always have an oil and gas attorney review a lease before you sign it. The lease the landman offers you is almost always in favor of the oil company and unfair to the mineral owner.

Whether the company owes you past royalties or not depends on whether your mineral interest shows...
Read more »

1 Answer | Asked in Construction Law and Energy, Oil and Gas for Texas on
Q: Can I get out of the financing contract?

I signed up to have solar installed on my home. The installer came out and put panels up but they did not finish the installation. I cannot use my solar panels. The finance company says I still owe them money, however.

The installation company is ignoring me and the finance company.... Read more »

Aimee Hess
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Aimee Hess
answered on Feb 13, 2023

It's possible that you may be able to void the solar contract and the financing contract if the work was not completed. A lot depends on the wording of what you signed and on how Texas courts are currently interpreting these contracts. You will need to take all your paperwork to an attorney... Read more »

1 Answer | Asked in Personal Injury and Energy, Oil and Gas for North Carolina on
Q: Can I sue a gas station for the pump not automatically turning off when the tank was full which lead to eye injury?

Can I bring a suit against a gas station for the pump not automatically turning off when the tank was full? My wife was pumping gas and the pump didn't turn off when the tank was full. She was sitting in the car when she noticed the gas spewing out of the side. When she went to remove the... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 2, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. I hope your wife is okay. It sounds like it could be a difficult case because there's a possibility it could involve costly engineering examination and testing of the release mechanism in the nozzle,... Read more »

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Ohio on
Q: Am I legally required to pay back previous owner for paying the gas bill after I bought the house?

I purchased the home in 6/2022. I wasn’t aware that the gas and electric were separate companies until 9/2022 when the previous owner reached out and wanted reimbursed for paying the gas bill from 6/2022-9/2022. She paid it for three months before saying anything. Do I legally have to pay her back?

Joseph Jaap
Joseph Jaap
answered on Feb 2, 2023

The home sale contract that buyer and seller sign, typically specifies that seller must pay for utilities through the date of the closing of the sale, and afterward the buyer is responsible. You would have to pay only if she sues you, the court finds you liable, and enters a judgment against you... Read more »

1 Answer | Asked in Consumer Law and Energy, Oil and Gas for Michigan on
Q: So my family got behind on our water bill payment. We are still receiving water bills even while it’s off. Is it Legal?
Brent T. Geers
Brent T. Geers
answered on Jan 3, 2023

The bills are presumably for the amount owed, which does not go away even when they shut the water off. In most cases, that amount owed becomes a lein on the property, which means it cannot be sold without being paid off.

2 Answers | Asked in Energy, Oil and Gas and Probate for Oklahoma on
Q: I live in florida and my deceased mother used to receive royalty checks for property that family owned? Oil companies

Are trying to buy my rights for the property in Oklahoma. I don't know how much it's worth and I don't know how to find out. What kind of lawyer should I talk to and should I find one here or in Oklahoma? Thank you

James Tack Jr
James Tack Jr
answered on Nov 22, 2022

You should talk with an oil and gas attorney who is familiar with mineral transactions. Most mineral buyers are reputable, but not all. The easiest way to determine the value is to have several mineral buyers quote a price. Determining what you own can sometimes be difficult and expensive. If you... Read more »

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