Mark Steven Eisenberg’s Answers

Mark Steven Eisenberg

Los Angeles Litigation Lawyer.

Contributor Level 10
  1. Before a HOA board enacts a new rule, is a notice to all members required to allow input from the members as is required for

    Answered about 2 months ago.

    1. Stephen Ross Cohen
    2. Mark Steven Eisenberg
    2 lawyer answers

    The HOA's governing documents, including the CC&R's, bylaws, etc., should set forth the procedure for a rule change. Amending a CC&R provision usually requires not just notice to all members and owners, but a 'super-majority' of members approving the amendment. Rules, however, may require notice to members or a mere quorum. Check your governing documents.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Have a contract in place, providing an additional service to clients... revise current contract or create a new contract?

    Answered about 1 month ago.

    1. Alan Ray Barnes
    2. Sagar P. Parikh
    3. Mark Steven Eisenberg
    4. Samuel Joseph St. Romain
    5. Francine Denise Ward
    5 lawyer answers

    You can absolutely add terms to an existing contract or create an entirely new contract in connection with the purchase of an add-on feature to your existing product. Deciding which way to go will depend on several factors. You should consult with a business attorney to help you identify all relevant issues and guide you through the process. Good luck.

    3 lawyers agreed with this answer

  3. Can I sue for loss earnings - business product breach of warranty and contract?

    Answered about 1 month ago.

    1. Sagar P. Parikh
    2. Scott Richard Kaufman
    3. Mark Steven Eisenberg
    4. Alan Ray Barnes
    5. Stephen Joseph Cipolla
    5 lawyer answers

    As I understand the facts, your phone was offline for a total of two days, not 12. I agree with my colleagues that your damages are speculative at best.

    3 lawyers agreed with this answer

  4. What does "Result: Advanced -This date & continued" mean?

    Answered about 1 month ago.

    1. Mark Steven Eisenberg
    2. Sagar P. Parikh
    3. Richard Glenn Elie
    3 lawyer answers

    It means the matter has been moved ("continued") to a future date, which should be specified in the docket entry. If it's not specified, contact the calendar clerk in the department hearing the matter.

    3 lawyers agreed with this answer

  5. Is my atty bs'ing me...was in a car accident Oct 2013 no ins other driver at fault prop 213

    Answered about 1 month ago.

    1. Alan Ray Barnes
    2. Mark Steven Eisenberg
    3. Igor Kopilenko
    4. Jeffrey Mark Adams
    5. Talal B. Ghosheh
    5 lawyer answers

    I agree with Mr. Barnes. Also, even you had insurance and would thus be entitled to recover damages for your pain and suffering, if your case involves only 'soft-tissue' injuries (e.g., sprains, strains, whiplash, etc.), insurance companies generally disregard medical bills and focus instead on down-playing your property damage.

    3 lawyers agreed with this answer

  6. Can I sue for a certain beer company that doesn't display the percent of alcohol on there alcoholic beverages?

    Answered about 2 months ago.

    1. Mark Steven Eisenberg
    2. Alan James Brinkmeier
    3. Kevin H. Pate
    3 lawyer answers

    Before you run to court, try calling the brewing company or checking their website if all you want is the alcohol content of their product.

    3 lawyers agreed with this answer

  7. I'm going through a divorce in California. During marraige, my husband received money from a trust. Am I entitled to any of it?

    Answered 6 months ago.

    1. Mark Steven Eisenberg
    1 lawyer answer

    As a general rule, everything acquired by a husband and wife during their marriage is community property. The exception to this rule: a gift or inheritance is separate property. But it remains separate property only if treated separately. Once a gift or inheritance is co-mingled with community property it becomes community property. Your husband has the burden of proof to show which portion of the trust, if any, is his separate property.

    3 lawyers agreed with this answer

  8. What does a judge consider when deciding to partition a property by appraisal or by sale?

    Answered 7 months ago.

    1. Mark Steven Eisenberg
    2. Stephen Ross Cohen
    2 lawyer answers

    A partition action is equitable in nature (e.g., equitable not legal remedies available, no jury trial, etc.) Thus, assuming you want to keep the property based on your stated effort to buy out your ex-girlfriend, courts routinely allow an accounting so that the respective rights of the parties may be adjusted and settled. An accounting would entitle you to a credit of your share of contributions that are not matched by your ex. To avoid the impasse over an appropriate purchase price,...

    3 lawyers agreed with this answer

  9. What is the statute of limitations for legal malpractice involving fraud?

    Answered about 1 year ago.

    1. Mark Steven Eisenberg
    2. Richard Carl Binder
    3. Athina Karamanlis Powers
    4. Ajay Mohan Kwatra
    4 lawyer answers

    CCP 340.6 is a negligence statute of limitations addressed specifically to attorney conduct. It is not a fraud statute of limitations. It specifically states that it addresses any action "other than for actual fraud." The statute of limitations for fraud is actually 3 years under CCP 338. CCP 340.6 basically says you have one year from the date you knew or should have known of the attorney's misconduct; but under no circumstances may you commence an action more than 4 years after the...

    3 lawyers agreed with this answer

  10. Guy hit me his fault but his insuance company saying he hasn't filed a claim wat should i do ???

    Answered about 1 year ago.

    1. Mark Steven Eisenberg
    2. Merry Melinda Fountain
    3. Anders Ferrington
    4. Jacob W Pillsbury
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    You need to report the incident to your auto insurance carrier and hire a reputable personal injury attorney to evaluate your case.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful