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COVID-19 California Contracts Questions & Answers
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 »

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, 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 Business Law for California on
Q: I sigmed a stipulation for a default judgment. Next month i am retired and i cannot pay anymore. Any solution?
Julie King
Julie King answered on Mar 19, 2021

You have three choices: (1) you can call the company and see if they will restructure the debt, although they are not obligated to do so, since you already have a contract to repay; (2) do nothing and you will have a judgment entered on your credit records and will likely be subpoenaed to attend a... Read more »

2 Answers | Asked in Contracts, Estate Planning and Probate for California on
Q: My dad died before he signed amended trust, even though confirmed with estate planner, during covid?

My Dad received amended copy of his living trust 3 days before he died and had not signed them. He did contact estate attorney and confirmed draft. I don't believe signing them was exclusive, but I do know that my dad would want his last wishes honored. I know there must be mitigating... Read more »

James Edward Berge
James Edward Berge answered on Nov 13, 2020

If he didn’t sign the amendment, it’s ineffective. It doesn’t need to be notarized, but it does need to be signed by the trustmaker. Sorry to be the bearer of bad news, but to tell you otherwise is just wishful thinking.

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3 Answers | Asked in Contracts and Employment Law for California on
Q: Do I need a lawyer to review an employment separation agreement?

Laid off 10/2. Reason was reduction in company expenses due to lack of sales from Covid-19. Male, 61 with disabilities. Employment duration 8 years 11 months. All performance reviews have been very good to excellent. Younger less experienced and lower paid employees not affected. Received a... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 2, 2020

A separation agreement is really nothing more than a settlement agreement. The employer is offering to settle any claims you may have against it in exchange for a payment of money. Whether or not you sign the agreement as presented or not will depend whether you have any valuable claims. You may... Read more »

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1 Answer | Asked in Contracts for California on
Q: Hello How much does a power of attorney cost for doing office work and renting an apartment in Los Angeles? Thanks

I am an Iranian-American citizen and I celebrate Nowruz in Iran every year and this year after a trip to Iran, the coronavirus spread I can not return to the United States at the moment, and 2 months ago my apartment lease contract it's over.

I am currently in Iran and I want a lawyer... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 1, 2020

International law can be tricky. IMO you need to go to the American Embassy with a POA in English and have it notarized by a consulate official there in order to have the best effect. The POA will be in the name of whomever you choose to act on your behalf. Have you contacted your LL to see if he... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Mergers & Acquisitions for California on
Q: Is a Contract automatically canceled that do not have a force majeure clause language in the contract?

I have a wedding scheduled for the end of this year in Los Angeles county CA. However California restrictions do not allow any indoor events. My contract do not have any Force majeure language. If the venue cannot host my event do to the COVID-19 pandemic Restrictions or if it is unreasonable To... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

I know weddings can be very expensive, however, it may be difficult to find an attorney by posting a question on this site, Our TOS do not allow us to write a response that solicits you to call us. You have to find an attorney and call them. Next, there is no "automatic cancellation."... Read more »

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1 Answer | Asked in Contracts, Business Law and Employment Law for California on
Q: Can a sales organization change a commission plan after the time period for that plan has passed?

I work in sales. We had a commission and payment plan we all agreed to for Q2 (April-June). The month after they changed the commission plan because "too many people were doing poorly" however I was doing very well and now they have taken away everything I did in Q2 during COVID after... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 29, 2020

I had a case like this several years ago, but in that case, it was changed because the salesmen did so WELL! Sometimes these plans contain language saying that they can be unilaterally changed/discontinued at any time. That may not be an enforceable term of the contract. If you were paid the... Read more »

1 Answer | Asked in Contracts and Business Law for California on
Q: Using an online form for contracts but I cannot export clients' answers directly; can I paste their signatures...

I am using an online form software to have customers sign COVID19 declarations (i.e. affirm they exhibit no symptoms). The form supports signatures, names, and other relevant information for a legally binding contract. The form the customers fill out has the contract outlined in it.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

It would be unwise for you to do anything to manipulate a signature from someone else. Your problem is both a legal one and technical one. You need a better online document. There are currently several platforms available to create the contract with signatures, and I just had to sign several for... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: How can my daughter break her apt lease for the upcoming fall?

She was told she can't break lease only sublet. Due to covid 19, all her classes are online and she has also lost her job. What recourse does she have? I have tried to talk with Apt complex but was told she can't break it. The apt is in Fullerton.

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

You need to take all documents and copies of all communications with the LL to an attorney for a consultation. There is no simple answer to this question in these difficult times with CV. Many cities that have universities have enacted ordinances to deal with this problem and allow tenants to... Read more »

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: I broke lease but he says hes keeping deposit even though I wasnt going to move in until July 20th. Can he do that?

Informed today my income would be decreased(covid). I signed a rental lease 5 days ago, June 20th ago to move in July 20th(the current tenant moves out July 18th). Im 7 months pregnant and I'm not going to risk moving to a more expensive place if I am unsure I can afford it. I informed the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 26, 2020

The LL is supposed to actively look for tenants. You should consider going to small claims and seeking full refund of your deposit. It appears you will come under some renter protection provisions of recent government ordinances imposed by the Governor's office. You can research these... Read more »

2 Answers | Asked in Contracts for California on
Q: Can I cancel my Disneyland Annual pass that is on a payment plan? Purchased 1 week before the closure and never used it.

I paid 716 down and my first payment of 156. We never got to go due to closure because of coronavirus. Since pandemic my husband was out of work and thankfully he is back at work and I am currently out of work. We no longer can afford to pay the monthly payments. I reached out to Disney and told... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 13, 2020

Surprising to hear that Disney took this stance with respect to you. Usually, what the patron wants, the patron gets because an unhappy patron does not return. I would start by sending a notice of rescission to them by certified mail, RRR, stating that you are rescinding the contract on the basis... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Business Law for California on
Q: Does Seller of Travel have deceptive business practice in my case? Should I take a legal action? What do I do?

I booked a full tour package for my family of 4 members in Jan 2020 for Jun 2020 (to 3 countries in Europe). I paid ~5700$ (50% of total cost) as deposit. The flights got cancelled in Apr 2020 due to COVID 19 by the airline. The Travel Agent withheld that info, didn't notified us about the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 11, 2020

Very sorry to hear your travel plans went poorly. No one can give you a definitive answer on how the case will be decided. Typical Attorney Answer: It depends.

First of all you have special protections and rights under the SELLER OF TRAVEL STATUTE, CALIFORNIA BUSINESS AND PROFESSIONS...
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2 Answers | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: How should I request a university program in California to return my admit deposit since they have deferred starting?

I was selected in a program that has now deferred their start date due to CoVID. They requested a sizable deposit to secure my position in the program for their initial start date. The program no longer fits my timeline and they have refused to refund the deposit. What can I do in this situation?

John Francis Nicholson
John Francis Nicholson answered on May 20, 2020

I agree with Mr. Kaufman that you may need an attorney to sort this out. However, your question does not indicate whether you have contacted the university directly to find out what there policy is, and what writing is it based on. Some schools have a refund policy based upon a timeline that... Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Covid19: unable to start newly signed apt. lease. College student moved home in March and can't return for summer/fall.

A friend of ours is a student at San Diego State, but had to move home in March because of Covid-19. Anticipating returning for school in the summer/fall semesters, he recently signed an apartment lease (w/No deposit yet) with three other students. However, California State schools have just... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

If the lease has been fully executed and there is no early termination clause or some other termination clause then it appears you have a tenancy for the term of the lease. This is the exact purpose of a lease - to provide the landlord and tenant certainty for a set price and term.

Best...
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3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Can I be held responsible if I give proper notice to everyone (landlord & roommates) but roommates won't leave?

I'm the only one on lease but landlord was informed about roommates but didn't have them fill out applications. I'm in california lived here 6 years and am on a month to month lease. If I move completely out and gave proper notices to everyone can landlord sue me if roommates dont... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

The landlord can initiate an unlawful detainer against you and the remaining subtenants if you issue a 30 day notice to terminate the tenancy and your subtenants do not move out on or before your termination date.

You would be well served to initiate the termination of your...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: I was trying to rent an apartment. Question below....

I filled out a rental application, was approved, paid the deposit and received keys and a receipt for a two bedroom apartment. Did NOT sign lease right away cuz landlord couldn't print it, printer acting up. Was promised the lease later that day. Received a text message about an hour later... Read more »

John Francis Nicholson
John Francis Nicholson answered on May 4, 2020

Some lease provisions include a clause that it is subject to a credit check where the landlord has the option to void the lease. But to do so they must return your deposit.

If the landlord cashed your check, or kept your cash, and refuses to return it, then they are obligated to honor the...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: I need help breaking my lease so that I can move. I cannot afford the rent. It is rent or food. What options do I have?

I live in San Clemente, CA.

John Francis Nicholson
John Francis Nicholson answered on May 4, 2020

You can break your lease if the landlord has materially breached the lease - meaning the landlord has not performed an important duty that is subject to the lease. If the landlord has been performing their part pursuant to the terms of the lease then they are entitled to the rent.

However,...
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1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for California on
Q: I'm on a month-to-month joint lease and need to find out how I can evict a roommate that has not paid rent in 3 months.

I've already filed for small claims, but the courts are currently closed. I need to know what I can do to protect myself financially and what I can do to get the current roommate to leave as I am still obligated by contract to cover their part of the rent.

Donald M Barker
Donald M Barker answered on Apr 7, 2020

You are in a sticking situation. If you both are on the lease as co-tenants, only the Landlord can evict non-paying renter. PLUS: Depending on city/county you're rental is located, there are newly-placed holds on all eviction proceedings, for at least 60 to 90 days, due to Corona V.... Read more »

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