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Richard F Hamlin's Answers
- 103 Legal Answers
- 0 Legal Guides
2
Attorney answers:
My landlord has told me because I didn't give him 60 days written notice and left in 30 he has the right to retain my security.
Was this a one-year lease? If so, Civil Code, Sec. 1945.5 might help you. Any provision that requires you to give notice to prevent the extension of the lease must be in at least eight-point boldface type. If printed, there must be a notice of that provision immediately before the place that the tenant signs the lease. The renewal for an extra month would be voidable if those provisions are not satisfied. "Voidable" means that you have to tell the landlord that your are cancelling that...
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Attorney answers:
How do I go about dissolving a Corporation that I am 1/3 partner in due to lack of ability to work together?
Probably. Shareholders who hold at least half the voting power may generally elect to dissolve the corporation. See Corporations Code, Sec. 1900 and following for the exact requirements. This is called voluntary dissolution. Involuntary dissolution is available to shareholders who own at least 1/3 of the total outstanding shares and to one-half or more of the directors. There are limited reaons allowed for involuntary dissolution. The reason that sounds as though it is most likely to...
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2
Attorney answers:
Are relocation fees due to tenant if selling property is in Los Angeles, CA
Assuming the city of Los Angeles and not one of the other 115 +/- cities within the county: The sale would not require relocation fees, but the termination of the tenancy by the new owner might. Is this a rent-controlled unit? It makes a difference.
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1
Attorney answers:
What type of lawyer is needed to sue LA County Dept of Children Services and ind. workers?
If the children have been returned to your daughter, you probably want an attorney who handles personal injury claims, and quickly. Your daughter has only a limited amount of time in which to file a claim against the government agency. Your grandchildren probably will have a claim as well. Fortunately, small children are resilient and, with any luck at all, they will recover without any permanent problems. If the children have not been returned, you need someone who is familiar with these...
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3
Attorney answers:
Renter's rights and obligations if house gets foreclosed in CA.
Mea culpa, but I missed passage in May of the Protecting Tenants at Foreclosure Act. Ms. Koslyn here and Steven Allan Fink in another answer accurately summarized it. Here is Mr. Fink's summary from an earlier answer: "You should be protected by the Federal Protecting Tenants at Foreclosure Act of 2009 for the length of your lease if you are paying market rent. One exception would be if the new owner wants to occupy the property as their residence. At a minimum you are entitled to 90 days...
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2
Attorney answers:
Releasing company information?
Ms. Koslyn's answer is excellent. I would encourage you to contact an attorney with experience in employment law to guide you on this matter. (You may need to make a career decision, as difficult as it may be in the current economic climate.)
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2
Attorney answers:
Do I need a real estate attorney or an estate?
-In general, you should not need to give the board a copy of the trust. Ca. Probate Code, Sec. 18100.5 allows a trustee to present a certificate to third parties to establish the terms or existence of the trust and the identity of the trustee. There is more to the statute, but the board may rely on the certificate. -It would be a good idea to record the certificate with the county recorder. That will put the world on notice of the change in trustee. -You probably need an attorney who...
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2
Attorney answers:
What are the remedies when a client cancels a check I already cashed?
Every contract includes an implied covenant of good faith and fair dealing. That means the other side must not interfere with your abilit to perform. Arguably, the failure to approve the logo by the deadline breaches the contract, which would entitle you to sue for the entire $7,500. Lawyers can argue about whether your contract creates sufficient contacts w/ Ca. to sue her. As Ms. Koslyn points out: if you have a written agreement that assigns jurisdication to Ca. courts, you are...
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2
Attorney answers:
How do I start a case against a potentially-infested apartment?
Mold is a complicated issue because many molds are common indoors and out, and are harmless. You need to find an expert who can test the type of mold that exists in your unit and tell you whether it is a harmful type. Try a Google search for mold-testing. If the mold is harmful and makes the premises uninhabitable, that could be a defense to your obligation to pay rent. You need an attorney who regularly represents residential tenants to help you with the real estate side of this. If...
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2
Attorney answers:
We subpoenaed our mortgage co with who we had loan for two years and who in the middle of working with us on loan modification
Whether it was your lender or another party, my earlier answer still applies. You cannot generally enforce a subpoena unless you are a party to a lawsuit. For your convenience, here is the complete answer. "If you do not have a lawsuit pending, you generally cannot enforce a subpoena. "If you have already been evicted, it means the sale has occurred and a judgment entered against you on an unlawful detainer. "If so, you have an uphill (but not impossible) battle. You need to hire a...
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