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Richard Leigh Boyer
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Richard Boyer’s Answers

223 total


  • I got my finger smashed in a shopping cart on Thursday. You could see my bone and I had stitches. Can I sue for this injury?

    It was a deep cut, it was bleeding and my skin was folded inwards.

    Richard’s Answer

    As a practical matter, you can sue anybody for anything. The real question is whether you will prevail in such a case. On your brief facts, it is possible you could have a valid case against the maker of the shopping cart along with all companies in the chain of commerce, meaning every company that made money on that cart. You would have to prove the cart had a design or construction defect that resulted in your injury. As against the market that owns the cart, I would need to know more about the circumstances surrounding your injury. If the cart was functioning normally and you simply got it squashed in a place that your finger is not expected to be, you probably don't have much of a case. Having said that, if you contact the market and tell them what happened, show them pictures, etc., they might offer you a $50 gift card or something, along with reimbursement of your medical bills, in exchange for a release of liability. If your damages are severe, and/or they don't resolve completely within a reasonable period of time, go see a lawyer.

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  • After an amicable 30 day notice when can i move out furniture

    i served my friend 30 day eviction notice and i want to know when i can move out her furniture

    Richard’s Answer

    She is required to vacate the premises on the date indicated in your 30 day notice. Vacate means her property too. If she doesn't move them out the day she is supposed to, you can move them yourself. You are required to store them safely, though, and give her an opportunity to retrieve them from you, after paying reasonable storage fees.

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  • In California, do the requirements for Home Improvement Contracts apply to Home Construction too?

    Like the requirement for them to be in writing. Or their having to have check boxes for certain disclosures? I had a home built on land that I own. A friend of a friend built it and now there are issues. I did not have a written contract. ...

    Richard’s Answer

    You need to get a lawyer. The Code sections you are referring to are not your biggest concern. And they may or may not apply to your situation. You haven't indicated what the "issues" are, but most likely you are only aware of a fraction of the legal issues you should be addressing. Repeat: get a lawyer!

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  • Does tenant/landlord law apply to a garage rental contract or does law pertaining to storage facilities apply or other?

    I do not live at the multiple unit facility where I rent the garage. The garage is for storage only.

    Richard’s Answer

    Interesting question. I would think that commercial lease laws would apply. I guess it depends on what the issue is. There are many similarities between the two sets of laws, so it may not make a difference which laws apply.

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  • I am in the process of buying a home

    during the process which the agreed amount is 120 from the seller with knowledge that I am utilizing a first time home buyers grant and upon completion of loan process an appraisel is done and it says the value is now 105. Seller agrees to lower t...

    Richard’s Answer

    From your statement of the facts, you are not obligated to sign this new condition. Unless the seller has previously made this a condition of the sale, and you agreed to it, he cannot impose a new obligation at the eleventh hour and require you to agree to it. Tell him "NO". End of story.

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  • If I'm a tenant that got foreclosed on, are we entitled to our deposit? If so who who returns it, the previous owner or new one?

    A week before the December rent was due we got a letter saying the unit was going to be auctioned off. We agreed with our landlord not to pay December rent because he claimed it was mistake he was going to fix and then we would pay. The unit got ...

    Richard’s Answer

    One can hope! Your security deposit is the personal obligation of your landlord, not the new owner. The only exception would be if your landlord gave the new owner the deposit amount and notified you that the new owner was, in the future, going to be responsible for your security deposit. I assume that didn't happen here. As such, the new owner is not responsible for the security deposit. You can sue your landlord in small claims court for the return of the money if you serve him with a complaint. He will be entitled to an offset for any rent he applied the security deposit to.

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  • Am I liable for rent or damages if my ex-husband won't leave our apartment after I move out? My name is on the lease.

    After my divorce is final in January, I plan to move with my daughter to a smaller apartment. My husband has been staying with us even though I asked him to leave in November. I even offered to pay his first two months rent in a smaller place. ...

    Richard’s Answer

    Yes, since your husband is there with your permission, he is a lawfully there. If he doesn't move out, the landlord will have to evict him. Doesn't matter if it is you or your ex, you are on the lease and ultimately responsible for the guests you allow to stay there.

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  • California Commercial Law. Can a landlord discriminate against a tenant because of other tenant's personal prejudices?

    A clique of tenants started harassing me from the moment I moved in to my month to month art studio/gallery. (private studios but open to the public for shows.) The tenant whom I believe was the main instigator apparently took a personal dislike ...

    Richard’s Answer

    Your landlord may not refuse to rent to you on certain bases, but can refuse on those not prohibited by law. Some bases the landlord may not discriminate are ethnicity, religion, gender, age. However, the LL can refuse to rent to you on many other bases not addressed by the law, such as obnoxious personality, physical attractiveness, height, tendency to smoke, kind of car you drive, tatoos. But your question indicates not discrimination by your landlord, but harassment by other tenants. You should be free from harassment, no matter what you talk about, what mental or physical problems you have, or what your dental work looks like. If you are being harassed, you should advise the landlord. If LL doesn't stop it, you can get a Civil Harassment Restraining Order. The bar is set pretty high for those, though. You need to convince the judge that you are suffering serious harassment that no one should have to tolerate. You can get the restraining order at your local court.

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  • Credit union not on title

    I am the only one on the title as registered owner. I have defaulted on the vehicle loan, they repossessed the vehicle. Can they repossess it and or sale it without being on the title?

    Richard’s Answer

    There are two types of "ownership" on a car, registered owner and legal owner. You were the registered owner, but the credit union was the legal owner. Yes, they can repossess and sell it without being the registered owner, but not if they are not the legal owner.

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  • Can I sue my neighbor for my increase in my homeowner's insurance costs?

    My neighbor's house caught fire 4/14/12 and was severely damaged. HIs fire loss sent smoke, soot and caused other damage to my house. I could not make a claim against his insurer. I was forced to use my insurer. I paid the $1,000 deductible. M...

    Richard’s Answer

    Since your damages are around $5300, you'll be suing your neighbor in small claims court. Which means no lawyers, just you against your neighbor. To prevail, you'll have to prove your neighbor's house caught fire as a result of his negligence, or the negligence of someone who lived there. If you have a fire department report, or if your insurance company has one, and it indicates the cause of the fire as being the result of negligent (i.e. unreasonable) conduct on someone's part, you would probably win. If you win, your neighbor's insurance company should pay the judgment.

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