David Lawrence Ganje's Answers

What is the best way to leave a business partnership that has not made any profit?

The buyout by one stockholder by another [or by the corporation] is an important legal event. Certain action should be taken and memorialized in order to confirm the buyout and indemnify the seller from potential liability arising out of the corporation. Proper language in release and indemnification transfer paperwork is necessary. Certain resolutions and resolution language are also necessary and so forth. Also, the operating agreement or certificate of incorporation may need to be reviewed...

If I am not on the loan and I signed a quick deed, do I have any rights to the house if something happens to my husband?

In this circumstance a will could protect you or hurt you significantly. Also, I would be interested to know who you deeded the home to. I am presuming that it is your husband. Being on or off the loan is irrelevant. The effect of deeding away your interest in the home results in you having no interest in the home, provided the deed execution and delivery of the deed were sufficient by California standards. With no interest in the home, you husband could leave you his interest in the home...

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My landlord got forclosed on do she owe me my security deposit back

Yes. Just because your landlord got foreclosed upon does not absolve the landlord from their duty to return to you the security deposit at the end of the lease. The landlord, however, does not have to return the security deposit to you immediately simply because the property was foreclosed upon. Often times where a landlord’s property is foreclosed upon a receiver is appointed who is put in charge of managing rents and security deposits. If you get a notice that a receiver has been...

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Mold problem: should I pay?

The answer to your question most definitely depends on what is on the lease. It sounds like you live in a complex, in which case you probably are subject to a very restrictive lease which may very well require you to pay for the correction of hazards which you create. The lease may very well require you to keep ventilation unobstructed. Notwithstanding that, the “implied warranty of habitability” requires a landlord to maintain the leased residential premises in safe and habitable condition....