Robert Michael Berger’s Answers

Robert Michael Berger

Winnetka Business Attorney.

Contributor Level 9
  1. My husband is a landscaper. A client cancelled a large contract and is holding $2,000 worth of his tools.

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Robert Michael Berger
    3. Hillary Johns
    4. Kevin Samuel Sullivan
    5. Sean Anthony Brady
    5 lawyer answers

    I agree with what has already been posted. Let me add that if there is a signed agreement and she cancelled the contract your husband (or his company) could be entitled to: 1) return of the tools; 2) loss of profits from the contract which would take the place of the wages paid to the workers since under the contract he would have had to pay them their wages anyway. Without knowing more about the circumstances of the worker asking her out its difficult to say whether that would be grounds...

    9 lawyers agreed with this answer

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  2. Can we sue a wedding photographer who is using our image/likeness to promote his website/business without an agreement to do so?

    Answered almost 3 years ago.

    1. Robert Michael Berger
    2. Daniel Nathan Ballard
    3. Konrad V. Sherinian
    4. Robert Scott Lawrence
    4 lawyer answers

    The simple answer to your question is yes. If he is using your images without permission that is a type of invasion of privacy called misappropriation of another's likeness or image. However, to really know whether you have a claim an attorney would need to sit down with the two of you and go through all of the details of your arrangement with the photo-group. Its possible an attorney could get your original images from him (completing the contract) or convince him to "cease and desist" using...

    8 lawyers agreed with this answer

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  3. I short sale my property, I change my mind about selling, now the buyer wants to take me to court to force the sale, can they do

    Answered over 2 years ago.

    1. Robert Michael Berger
    2. John M. Kaman
    3. Judy A. Goldstein
    4. Gary Lanson Winter
    5. Paul J Molinaro
    5 lawyer answers

    If you signed the real estate purchase agreement with the buyer the absolutely. They can sue you to force you to sell the property - specific performance. They can also sue you for damages if any caused by your refusal - for example if they need to get a new loan with a higher interest rate. Presumably the contract will contain an attorney fee and cost provision for the winning party in any litigation so they could be entitled to reasonable attorney fees and costs as well.

    5 lawyers agreed with this answer

  4. Who is liable after a remodel causes a fire?

    Answered about 2 years ago.

    1. Robert Michael Berger
    2. Chi Leung Ip
    3. Nicholas Basil Spirtos
    4. Timothy John Broussard
    5. Michael T Millar
    5 lawyer answers

    Although your neighbor may ultimately be held responsible as the owner of the unit, if there was injury to the exterior walls, roof, plumbing, and wall electrical, then the HOA's insurance should repair it and likely interior damage you have suffered as well. Your neighbor may have condo owner's insurance which could share costs as well. At this point in time you all should be making claims to the HOA insurer and, assuming that your neighbor has condo insurance, to his/her condo insurer as...

    4 lawyers agreed with this answer

  5. I am beneficiary on TOD account but the bank won't release the funds to me. Something about a tax payor ID number... ?

    Answered almost 3 years ago.

    1. Robert Michael Berger
    2. Bryant Keith Martin
    3. Charles Halle McClenaghan
    3 lawyer answers

    A transfer on death account is outside of probate and should pass the funds to the beneficiaries automatically. So if a trust is listed as the beneficiary then the trust's TIN would be required. If an individual is listed as beneficiary then it would be his/her social security number. Without knowing more about what the bank asked my opinion is that they want your social security number so that they can send you a form 1099 which is for reporting non-W2 income.

    3 lawyers agreed with this answer

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  6. What normally happens after an Abstract Of Judgment is issued, when one has a judgment against them?

    Answered over 2 years ago.

    1. Robert Michael Berger
    2. Frank Wei-Hong Chen
    2 lawyer answers

    The creditor's attorney will record the issued abstract(s) in any county in which you own real property. Recording the abstract creates a lien on any property you own in the country - just like the lien created when a lender records a deed of trust against a property. After recording the abstract usually the attorney will not proceed further because often there are senior liens making foreclosure not worth the time and expense. If any property subject to the lien is sold, and there is equity...

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  7. How do i fight a civil law case with the statute of limitations on my side

    Answered about 2 years ago.

    1. Robert Bruce Kopelson
    2. Constantine D. Buzunis
    3. Robert E. Vosburg
    4. Sandeep Gopal Agarwal
    5. Robert Michael Berger
    6. ···
    6 lawyer answers

    I agree that a demurrer is the proper response to the complaint. However, as an attorney, if there is time to contact opposing counsel before the response is due and discuss dismissing the case I would start with that approach.

    3 lawyers agreed with this answer

  8. Sis called to say her husband wants to put his name on all my Mom's accounts (checking, saving). He is not in her will. OK or no

    Answered almost 3 years ago.

    1. Steven J. Fromm
    2. Susan Kathryn Ashabraner
    3. Linscott Roberts Hanson
    4. James P. Frederick
    5. Robert Michael Berger
    5 lawyer answers

    California Probate Code Section 5130 defines what is a "joint account" for purposes of probate. It says that all bank accounts in the name of two (or more) people are joint accounts even if the right of survivorship is not mentioned. Probate Code Section 5320 states that all monies in a joint account belong to the survivor(s) unless there is "clear and convincing" evidence of a different intent. Therefore, if your mom adds her husband to these accounts he will become joint owner and own any...

    3 lawyers agreed with this answer

  9. Can Southland RV park in Bakersfield, CA have peoples vehicles towed for not working or expired tags when parked in our spot?

    Answered over 2 years ago.

    1. Robert Michael Berger
    2. Michael Raymond Daymude
    2 lawyer answers

    I do not believe that the RV park manager has the right to tow unregistered or inoperable vehicles parked in their assigned spots unless registration of vehicles or operable vehicles is part of the RV park lease or the RV park rules. California Vehicle Code Sec 22658 allows towing from private property for inoperable vehicles but that requires signage at the entrance, a written ticket left on the vehicle and then 96 hours wait period, but I do not find any statute that allows the towing of a...

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  10. How do I sue a CA company in small claims? (The amount is a few hundred dollars)

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Kevin Samuel Sullivan
    3. Robert Michael Berger
    4. Quin Elen Marshall
    4 lawyer answers

    To follow up on the previous excellent answers, you would need go to the Court and file a small claims complaint which you can fill out by hand. Also, its likely that your local courthouse will have the small claims complaint form as a pdf document so you can fill it out on-line and print it out. After its filed you can have the county sheriff serve the complaint. The hearing is usually between 4 and six weeks from filing. The small claims court will order both parties to exchange evidence,...

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