IF the sale of a vehicle in CA is from a consumer, even without an AS IS designation, the presumption is that no warranties are given, short of warranty of title. You've stated you sold it marked AS IS. Short of knowingly misleading the buyer, the equities lie in favor (here) of the seller.... View More

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

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

The insurance company for the other driver owes you nothing until you get a judgment against its insured. If your car was damaged, get estimates for repair and for rental car during the period of repair. You can also contact a car appraiser to get an estimate of the diminution in value to the the... View More

As you already identified in your post, small claims could be the most economical route here in terms of recovering monetary damages. You could consult with attorneys to discuss their handling of the matter, but it would be important to learn beforehand how a firm would handle things. If a law firm... View More

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answered on Dec 5, 2024

The subsequent agreement will govern, and you can likely be even more confident that this is the result by reviewing the subsequent agreement for an integration or "whole agreement" provision. This provision is likely to be in most formal agreements (this is more likely if attorneys... View More

First thing: STOP WORKING FOR THIS GUY! He has proven for a long time to be someone who is taking advantage of you. Use your time to find a new employer who will actually pay you for your time and hard work. You have a right to be paid by this guy whether or not you continue to work for him.... View More

Sorry that you had your wages STOLEN by this apt owner. I hear about this all the time. Because you provided physical labor on the premises, you may also be entitled to file a mechanic's lein against the property. If you do, you have to be prepared to file a lawsuit to enforce it, however the... View More

I think you misconstrue what your Appeal is about. A TIMELY Appeal from a Small Claims Judgment by a losing defendant usually results in a "trial de novo" this means a new trial, the same as if no prior trial had occurred. You seem to think this will be a trial about whether the LL was... View More

I think you have been defrauded. I suggest two things. File suit immediately in small claims court. The case is too small to justify hiring a lawyer, even though for you it was a large sum of money. The other step to take immediately is to file a complaint with the state department of justice -... View More

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills.... View More

As my colleague advises, try to obtain that surveillance footage. It would be good to try to get a copy without further delay. If the resolution is good enough for facial recognition, that could be irrefutable evidence in your favor. Good luck

Addendum - the burden of proof is on them to demonstrate that it was you who was there. Still, try to get that video - video footage almost always wins over eyewitness accounts. Eyewitness accounts are recognized by courts to have their shortcomings. Good luck

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answered on Jul 26, 2024

To address this legal situation under California law, you need to gather all evidence that supports your case. Start by presenting the police report that documents your ID theft and the insurance affidavit indicating your new license was issued before the alleged purchase. This will help... View More

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answered on Jul 26, 2024

To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were... View More

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answered on Jul 26, 2024

Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More

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answered on Jul 25, 2024

Under California law, the statute of limitations for challenging a car tow can vary depending on the circumstances. Typically, if you believe your car was wrongfully towed, you should file a complaint or take legal action within 30 days of the tow. This time frame allows you to contest the tow and... View More

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answered on Jul 24, 2024

In your situation, the first step is to contact the seller again and request the proof of lien release from CarMax. Make it clear that you need this document to proceed with the title transfer and registration. If the seller is unresponsive, you might consider sending a formal written request via... View More

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answered on Jul 23, 2024

Under California law, you may not be liable for cleaning costs beyond your security deposit if the charges are unreasonable or if the wear and tear are considered normal. Your lease agreement's vague requirement to clean to the "lessor's satisfaction" might not hold up in court... View More

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answered on Jul 23, 2024

To file form CIV-165 in California, you'll need to follow a few steps. First, ensure that you have correctly filled out the form with all required information. You can find the form on the California Courts website or at your local courthouse.

Once the form is completed, make several... View More