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Gregg Adam Martin

Gregg Martin’s Answers

36 total

  • How to prove a preliminary 20 day is not served? How to determine when the construction worked stopped when it was abandoned.

    A licensed contractor claims he is a subcontractor of an unlicensed general contractor. The subcontractor is filing a lien against us. The subcontractor never worked on our project, but is doing the general contractor a favor to fight against us. ...

    Gregg’s Answer

    As you may know, mechanic's lien law is largely based upon statute and whether a party has complied with the requirements is always part of the analysis when litigating whether a party has properly recorded a mechanic's lien.

    To understand your rights/options short of contacting an attorney who does that type of work, you might try visiting the California State Contractor's Board where you can find answers to FAQs.

    Good luck!

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  • Is California commercial tenant responsible for full lease term if in default for nonpayment & issued 3-day notice to pay/quit?

    I am a commercial property manager for an office building in California. We have a tenant with a 12-month lease who recently defaulted for non-payment for the 2nd & 3rd month. We issued a 3-day notice to pay or quit, but now we're wondering how...

    Gregg’s Answer

    The issue is not "what kind of notice" you can issue (your typical Notice to Pay Rent or Quit will likely suffice). The issue is, what does the tenant's lease say?

    In California, a commercial landlord has two options when a tenant fails to pay rent: (1) they can elect to terminate the lease and retake possession and sue for damages, or (2) they can keep the lease in place and sue the tenant as rent comes due.

    The two remedies are codified under the Civil Code (sections 1951.2 and 1951.4, respectively).

    The ability to get the rent for the remainder of the term when the landlord elects to terminate and retake possession is governed by 1951.2. If the language in the lease allows it, the landlord can seek all past-due rent and all future rent due under the lease, less any amounts the landlord collects from a replacement tenant or what the tenant shows the landlord should have received had he/she reasonably mitigated their damages. (1951.4 doesn't require the landlord to take steps to mitigate the rent obligation because the tenant remains in possession of the leasehold.)

    1951.2 also allows other consequential damages to be recovered, including the unamortized TI's of the tenant (if any), brokerage costs, damage to the premises, costs associated with reletting that the landlord would not have incurred but for the breach, etc.

    Landlords have different reasons for electing a 1951.2 or a 1951.4 remedy but, by far, 1951.2 is more common.

    Your notice to pay rent or quit needs to conform to statutory requirements for other reasons unrelated to the landlord's ability to recover the future rent. A review of the lease should tell you whether the lease language supports a 1951.2 remedy or not.

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  • If my ex-wife forecloses on the house (which she retained in the settlement) can the second mortgage company sue me?

    My wife was awarded the house and has now started the foreclosure procedure by missing payments. Bank of America owns the first mortgage and Union Bank the second. Can Union Bank sue me?

    Gregg’s Answer

    If you personally signed the note and deed of trust for the 2nd, you are personally liable for the debt. You may have indemnity rights under your marital settlement agreement or in equity. Consultation with an attorney should be considered.

    Disclaimer: The information given here is based upon incomplete information and may not be current or apply to your particular situation. You should not rely upon this information to act or refrain from acting without seeking the advice of professional counsel in your geographical area. Viewing and use of any of this information does not create an attorney-client relationship and is done at the viewer's own risk.

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  • If i signed a two year lease and the bank now owns the house, how long can I stay on my lease?

    the house is for sale

    Gregg’s Answer

    The answer depends upon whether your lease is subordinate to the loan the bank had and whether the bank foreclosed on its interest. If the answer to both questions is yes, then you have, at most, a periodic (month to month) tenancy and would be subject to 30 days notice to terminate your tenancy. See, Principal Mut. Life Ins. Co. v. Vars, Pave, McCord & Freedman (1998) 65 Cal.App.4th 1469, 1478, 77 Cal.Rptr.2d 479, 484 (a tenant who remains in possession after his or her subordinate lease terminates by a foreclosure sale does so only as a holdover tenant),

    If the lease has not been terminated by a foreclosure that is based upon a superior mortgage, then you have a 2 year lease which will end upon the expiration of its term.

    Hope this helps!

    Disclaimer: The foregoing is a general answer and may or may not apply to your specific facts or circumstances. By responding to this inquiry, no intention to create an attorney client relationship is intended or created.

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  • Can I sue my mother for taking a loan out on my vehicle and now she reduses to pay the loan and now my car is going to get repo.

    my car was under my name and it was paid off. My mother came to me and asked me if she could take a loan out on my car cus she was about to loose her house. I agreed only if she was to pay the monthly payments. The loan is not under my name at a...

    Gregg’s Answer

    If I understand your situation, you provided your car as security to your mother's lender and now that she has failed to pay the lender, the lender is seeking to resort to its security interest in your car.

    While that is not technically a "repossession" (as the lender never possessed the car originally and did not provide the funds to acquire the car), if the lender forecloses on its security interest in your car, the lender would have the right to exercise its rights to the security under the security agreement. You need to read the security agreement (which I assume you signed), to know what the lender may do.

    Now, to answer the question you put above regarding your mom, the answer is yes, you can sue your mother but not for taking out the loan on your car since you gave her permission to do it. You can sue her for breaching her agreement with you to make the payments to her lender so that your car wouldn't become subject to a foreclosure on the lender's security interest. Your damages would be all the foreseeable losses you suffered, including the fair marked value of your car at the time you lose it (if that happens), the loss of use of the car from the time you lose it until you get a new car, any insurance premiums that you paid and cannot recover, and any other out of pocket expenses that you may incur as a result of losing your car (e.g., alternative transportation costs that would not have otherwise incurred), etc.

    While I can understand that your angry with your mom, however, lawsuits are not the best way to resolve family disputes (unless you really don't care about whether you resolve it).

    Hopefully, you can work something out to get the lender paid without your car being taken. That may prove to be a better way to resolve this.

    Good luck!

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  • I am renting a house that the water is unsafe to drink my animals are getting sick and some have even died. What are my rights

    I am renting a house that the water is unsafe to drink my animals are getting sick and some have even died. What are my rights and what can I do about this? They have attempted to fix it by installing filters and replacing tanks but the wells are ...

    Gregg’s Answer

    A landlord is obligated to provide habitable premises which would include potable water. If you review the Civil Code, including Sections 1941 and 1942 et seq., you will see a series of statutes that discuss a landlord's obligations. Under 1942.4, it is illegal for a landlord to collect rent if there is violation of 1941.1 or certain provisions of the Health & Safety Code.

    Before you start withholding rent, there are various options that you might consider but you would be well advised to seek legal assistance from someone who can advise you on your particular situation.

    You may want to contact your local building and safety department or public health department to see if they can provide some assistance and guidance.

    Good luck.

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  • Tenant doesn't pay and doesn't move. What can I do?

    Just want to know what can we do if the tenant doesn't pay the rent, and refuses to move? Oakland, California Thanks!

    Gregg’s Answer

    While your question does not distinguish whether this is a residential or commercial tenancy, in either case, you need to serve the tenant with a notice to pay rent or quit or, it at the end of the lease term, a notice to quit (assuming that you haven't created a month to month tenancy). You need to make sure you give the proper notice (also check your lease (assuming you have one)). Once you do that, you will need to initiate an unlawful detainer action action if the tenant doesn't move.

    As you seem to be unaware of your rights as a landlord, you should probably contact an attorney who can help you assess your options and what to expect the costs to be if you can't get the tenant out voluntarily.

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  • Ensuring confidentiality

    Good day. I have a business idea and want to partner with two or three people. I will brief the people about the idea. How do I ensure confidentiality of the idea after briefing them? I would not like the idea to go beyond those people. Thank you.

    Gregg’s Answer

    You need to obtain a confidentiality agreement that has provisions that protects your idea from publication or exploitation by those to whom you reveal it.

    Your safest bet is to consult with and obtain an appropriate agreement from an qualified attorney who handles intellectual property and similar business transactions. You might find something useful on the internet if the cost is a consideration but I have not idea whether it will be sufficient.

    Good luck!

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  • Does the boyfriend of my tenant have legal standing in my 1 bedroom condo? He is not on the lease.

    My tenant Cindy, a Korean art student, signed a one year lease @ $1795 per month through 8/31/10. She paid first, last and security. Her boyfriend would stay over a few times each week. I've learned from boyfriend Tony that Cindy has already mov...

    Gregg’s Answer

    Technically, he's not your tenant and he's Cindy's guest. Some leases specify the tenant's rights to have overnight guests and they also can specify the number of occupants. So you may have grounds for eviction but given that it's August now, I'm not sure that you can do much about Tony before he plans to leave any way and I'm not sure it would be worth the bother unless he holds over.

    You need to read Civil Code Section 1950.5 carefully as it specifies your obligations regarding the security deposit. If the lease doesn't tell you where Cindy wants notices sent (other than to the unit), it would make sense to ask Tony how to get in touch with her. If you can't find her at all, I believe you may be able to resort to the escheat laws but that's not something that I have much familiarity with. (The State Controller may have some information on that on its website.)

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  • How do I ensure that property, upon my death, is not sold to neighbor or his proxies - he is the lawyer that makes all look bad

    I want to leave the property to a charitable organization but DO NOT want the property to end up in the hands of the lawyer who lives next door. When my partner died his first comment to me was that he wants to buy the property - no condolences o...

    Gregg’s Answer

    You need to consult with an estate planning lawyer and determine the best way to specify the disposition of your assets upon your death and in accordance with your wishes. I suspect that you probably can direct the executor of a will about who the property can be sold to (or not) and you may want to discuss whether a trust would be a better and more advantageous vehicle for the disposition of your assets.

    Good luck!

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