Richard Leigh Boyer’s Answers

Richard Leigh Boyer

Solana Beach Real Estate Attorney.

Contributor Level 12
  1. I do office work for 3 different business out of one building under the same sole propri. but the owner owes me on checks.

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Richard Leigh Boyer
    3. Shalem Shem-Tov
    4. Dana Howard Shultz
    4 lawyer answers

    In addition to the sound legal advice from my colleague, I would question why you are still working for someone who is not paying you? While you are still ostensibly employed you should be looking for a paying gig. And before your sue your current employer, have him sign a glowing referral letter that you draft, to assist you finding other work. You might also negotiate with him to take your pay in assets that are convertible to cash, if any such assets are available. Does he own a car, for...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Am I discriminating if I tell someone I will not rent to them if they are on probation or have a criminal past? California

    Answered about 2 years ago.

    1. Richard Leigh Boyer
    2. Frank Wei-Hong Chen
    3. Dave Bahr
    3 lawyer answers

    You can generally discriminate for anything that isn't a protected status, like sex, age, religion. There is no law that I am aware of that protects anyone from being discriminated against for having been incarcerated. However, you might want to check references before you flat out refuse to rent to someone on this basis. Many people have made mistakes, but have turned their lives around.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Is there any statute that specifically governs "exclusive use" clauses in commercial leases?

    Answered over 1 year ago.

    1. Richard Leigh Boyer
    2. Nicholas Basil Spirtos
    3. Stephen Joseph Cipolla
    3 lawyer answers

    You are referring to a covenant not to compete. These covenants are strictly subject to agreement between the landlord and tenant, and must be expressly set forth in the lease agreement as to scope and terms. The law will not impose such a covenant. CC1469 would only apply if the landlord owned adjacent property to the rental premises, and the parties had a covenant not to compete in the lease.

    4 lawyers agreed with this answer

  4. Can a loan servicer file foreclosure while we are in review for a mod

    Answered about 2 years ago.

    1. Richard Leigh Boyer
    2. Michael Salanick
    3. Raihana Niazi
    3 lawyer answers

    As of now, yes. On January 1, 2013 the California Homeowner Bill of Rights becomes law, and lenders will no longer be able to "dual track." You can read the full contents of the Bill at www.leginfo.ca.gov. My experience, however, has been that lenders will continue to reschedule the sale date as long as your modification is still under consideration. The problem is that if they finally reject your modification application they will set the sale date within 30 days, giving you little time to do...

    4 lawyers agreed with this answer

  5. With witness that have been deposed is their deposition testimony relevant in a live trial or can only be used to dismiss witnes

    Answered about 2 years ago.

    1. Richard Leigh Boyer
    2. Frank Wei-Hong Chen
    3. Dave Bahr
    3 lawyer answers

    If the deponent is before the court, deposition testimony can be used for any purpose. If the witness has not been called, the deposition testimony should only be admissible on a showing that the witness is "unavailable." Whether the witness is truly unavailable or just unwilling to come to court is key to whether the deposition testimony comes in. Don't see any ethical issues re: the four deposition notices.

    4 lawyers agreed with this answer

  6. My exgirlfriend and i made a bunch of sex tapes. Is it illegal to post them on the internet now?

    Answered about 2 years ago.

    1. Barry Franklin Poulson
    2. Richard Leigh Boyer
    2 lawyer answers

    I completely agree with the comments of my colleague. And remember, once you post those tapes they are out there forever. Before you even consider doing something like this, you should make a list of all the reasons why doing this now could be embarrassing at the least and harmful to both you and your ex-girlfriend in the future. If you are mad at her, write a letter expressing all of your anger, then burn the letter without sending it along with the sex tapes of you and her. You'll be glad...

    5 lawyers agreed with this answer

  7. Can my father take away my car if he is a cosigner?

    Answered over 1 year ago.

    1. Richard Leigh Boyer
    2. Scott Richard Kaufman
    3. Seyed Abbas Kazerounian
    3 lawyer answers

    Your dad won't take this to court. He's just using whatever ammunition he can to keep you from moving out. In the unlikely event your dad sues you for possession, you'll need to advise the court of your agreement with your dad. If your agreement with your dad is that you are to possess the car, then the court will enforce that.

    Selected as best answer

  8. In fee arbitration with my former attorney who acted unethically, I believe, what kind of attorney do I need to help advise me?

    Answered over 1 year ago.

    1. Richard Leigh Boyer
    2. Jonathan Craig Reed
    3. Lara Ruth Shapiro
    4. Neil Pedersen
    4 lawyer answers

    There are lawyers who specialize in legal malpractice cases, so you should call you local bar association to find one if you want to hire a lawyer with that kind of expertise. You don't need to be represented at a fee arbitration, though, because they are conducted with very little formality. I wouldn't worry about another lawyer being reluctant to help you or to do their job well. If you hire a lawyer, he/she is legally obligated to represent you to the best of his/her ability. Believe it or...

    Selected as best answer

  9. My senior friend's neighbors built a sidewalk and small wall on HER side of her property and are now threatening to sue her !

    Answered about 2 years ago.

    1. Richard Leigh Boyer
    2. Tai Christopher Bogan
    2 lawyer answers

    I think my colleague's advice is sound. In addition, you should have your friend call the local D.A. and report the neighbors for elder abuse. If neither of these steps work, have your friend contact the local legal aid society to see if she can get free or low cost legal assistance. She should also exhaust all possibilities of help from family and friends.

    Selected as best answer

  10. Should I sue my insurance company in small claims court?

    Answered about 2 years ago.

    1. Richard Leigh Boyer
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Sure. You might have to go the Calif. Secretary of State's website to find out how to serve your insurance company. But sue them in small claims court. They will probably pay to avoid the hassle of having to appear and defend the case.

    Selected as best answer

We're ready to help. Contact us today.

858-481-8757