Mark Elliott Saltzman’s Answers

Mark Elliott Saltzman

Tarzana Real Estate Attorney.

Contributor Level 9
  1. Do I need an attorney to help to form an simple LLC for Real Estate transactions?

    Answered about 3 years ago.

    1. Frank Wei-Hong Chen
    2. Mark Elliott Saltzman
    3. Charles Jervis Mellor
    4. Eric Dylan Townsend
    4 lawyer answers

    There are many websites where you can form an LLC quickly and inexpensively, without an attorney. The problem with the sites is that they ask you to make very important business decisions, on the spot. For example, you will need to identify members and managing members and determine how many of each there will be and their duties. As indicated in the previous answer, the LLC's operating agreement is critical and can result in legal disputes or a smooth running organization. It would be worth...

    7 lawyers agreed with this answer

  2. What is quickwsr way to fix state tax on credir report

    Answered over 1 year ago.

    1. Mark Elliott Saltzman
    2. Samuel D Brotman
    2 lawyer answers

    If the credit report is accurate, the only way to fix it is to take care of the tax problem. Believe it or not, both the federal and state governments are very accommodating to help people get through tax problems. They set up payment plans, reduce the amount owed, and make other arrangements that will remove a lien or resolve the situation. You can contact the IRS and/or the Franchise Tax Board for information, or you can see an attorney or tax specialist, who can do the work for you.

    5 lawyers agreed with this answer

  3. Judge states in court "you have to ANSWER TODAY", does that mean I have to file by the end of the court day?

    Answered over 1 year ago.

    1. Mark Elliott Saltzman
    2. Shazad Z Omar
    3. Frank Wei-Hong Chen
    3 lawyer answers

    I must disagree with a portion of the other attorney's response. Your motion to quash did not waive your right to demurrer. See Code of Civil Procedure §418.10(e)(1). That said, it is likely that the Court, in denying your motions to quash, ordered that you have a certain number of days to reply. From your question, it appears that you replied, twice, with more motions to quash. After your third attempt, the court made it clear that it expects and answer. The court may have reasoned that you...

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  4. Can my ex landlord charge me for unpaid rent?

    Answered over 2 years ago.

    1. Steven A. Coard
    2. James Michael Slominski
    3. Mark Elliott Saltzman
    4. Sean Patrick Kuhlmeyer
    4 lawyer answers

    If you and your husband were behind on rent payments, the landlord can serve you with a 3-day notice to pay the rent or leave. If you don't leave, then the landlord can start eviction proceedings. If the landlord accepts your late rent payments, it might be a good way to resolve the matter, but nothing in what you have described alleviates you from paying the unpaid rent. Let's say that you missed two months of payments. Now, you can make your regular payment, plus a little more for the unpaid...

    3 lawyers agreed with this answer

  5. I met with a accident which was my fault . My insurance informed that the medical expense is more than my liability?.

    Answered over 2 years ago.

    1. Mark Elliott Saltzman
    2. John Noah Kitta
    3. Bradford Charles Brereton
    3 lawyer answers

    Ordinarily, your insurance policy will only cover you, up to the policy limits. So, if you are found liable for the accident and a judgment exceeding your limits is entered, you would be personally responsible for the excess. Be sure to report the accident to your insurer. If it appears that your exposure to liability exceeds your limits, your insurer may have you represented by its own lawyer and another lawyer, relating to the excess liability. The insurer will, likely, pay for both lawyers....

    3 lawyers agreed with this answer

  6. If I exchanged 2 cars for services from an attorney can I sell these cars if he has not picked them up?

    Answered over 3 years ago.

    1. Mark Elliott Saltzman
    2. Shawn Regis Jackson
    2 lawyer answers

    You might contact the attorney with two pieces of information. First, you can inform him that he owes you money for 3 years of storing his vehicles. Perhaps, you can settle the account by having him pick up the cars, within 10 days of your letter. That should catch his attention. Second, in the same letter, you can inform him that you intend on treating the vehicles as abandoned, and you will call the local authority to have them towed away. Of course, you would not actually have the car...

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  7. What is a reasonable rate for reimbursement (as percentage of new item price) to tenant ?

    Answered about 3 years ago.

    1. Mark Elliott Saltzman
    2. Frank Wei-Hong Chen
    2 lawyer answers

    You are correct that, if the tenant is entitled to reimbursement, it would be the value at the time of the incident - not the value, when new. Unfortunately, the value, at the time of the incident, is a matter that can be quite subjective. In a large case, parties bring in expert witnesses to value the damaged items. A large machine, for example, may be valued by one side's expert at $100,000, while the other side's expert values it at $80,000. The parties would conduct discovery and present...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. If you stayed in an apt. just 1 year and smoked inside sometimes and the walls look clean do you have to wash walls & paint?

    Answered over 1 year ago.

    1. Mark Elliott Saltzman
    1 lawyer answer

    The tenant is responsible for "ordinary" wear and tear. What's ordinary? It depends on the circumstances. For example, if it had been a long time since the walls had been cleaned and painted, it would not be reasonable to charge all the cleaning to the last tenant. Also, if the lease allowed for smoking, it may very well be that a smoke smell is ordinary. On the other hand, burns, probably, are not.

    2 lawyers agreed with this answer

  9. Do I need an attorney for small claims court

    Answered over 3 years ago.

    1. Mark Elliott Saltzman
    2. Frank Wei-Hong Chen
    3. Shawn Regis Jackson
    3 lawyer answers

    Small claims court is perfect for a $1500 dispute. You cannot be represented by counsel, in small claims court. You can, if you want, consult with an attorney, before the trial, to go over what you should say, but it's not usually necessary. I sit as a Judge Pro Tem in small claims court and find that people do very well when they come to court with all their documentation nicely organized and their story well practiced, so that it is clear and concise. In your case, you can simply tell the...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Can a Landlord legally collect rent after a MTM lease has been terminated by the Landlord?

    Answered 8 months ago.

    1. Mark Elliott Saltzman
    1 lawyer answer

    Why would you think that you could live at the apartment for free, for 24 days? Not only can the landlord sue you for the rent, in fact, the rent for this 24-day period would be the fair rental value of the unit - not the lease rate. It may be that the fair rental value far exceeds the lease rate. I suggest that you pay for the 24 days. Try to get an agreement with the landlord.

    1 lawyer agreed with this answer