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Richard Leigh Boyer
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Richard Boyer’s Answers

223 total


  • I live in Hawaii, If a landlord wants to sue me in sc court where does he file and would I be required to defend myself in perso

    I rented a condo in Edmonds landlord is claiming I did damage, if he sues me must I travel to Wa.?

    Richard’s Answer

    Aloha. You should go online and find the Washington state Code of Civil Procedure. It will address who can be sued in small claims court, and whether a small claims plaintiff can serve a defendant in another state. Here in Calif. a small claims plaintiff cannot serve a defendant in another state, with a few exceptions that probably are not relevant to your situation. If Washington's laws are the same as Calif. you will not have to travel to Washington to appear at a small claims hearing. And the plaintiff will not be able to obtain a judgment against you, because he/she can't obtain good service on you.

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  • Renting an apartment where there is storage above my carport parking space. Found recent rat damage to my belongings, who pays?

    Called my USAA for renter's insurance and they said that they do not cover rodent damage. I would not have put my belongings into the area knowing that it was at risk and had no coverage by the property owner.

    Richard’s Answer

    Excellent advice from my colleagues. I would add that you, the tenant, must act reasonably. Don't store items that would attract rodents. Make sure the things you store are properly packed for the storage area. Obviously, if you store a sack of grain in your storage area, you will attract rodents. The landlord's duty is limited to reasonable conduct, just as yours is.

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

    I recently purchased a car last month with my dad as my cosigner. He put the down payment of 2600 and I've already made the first payment. I'm the primary driver and I'm responsible for the payments. My dad wasn't to happy to hear I wanted to move...

    Richard’s Answer

    • Selected as best answer

    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.

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

    My biggest problem will be finding someone who will do their job well in helping me defend myself against my attorney who lied(surprise) and withheld and miscommunicated information and abused my trust, but is "respected" among her peers-one of wh...

    Richard’s Answer

    • Selected as best answer

    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 not, even lawyers don't like it when other lawyers hurt their clients. It reflects poorly on our entire profession. If your former lawyer acted unprofessionally such that your fees should be returned, your arbitrator will so find. But remember, if the arbitrator doesn't find in your favor, that doesn't mean you didn't get a fair result, just that the arbitrator did not find your case compelling.

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  • Contractor's contract date expired. He then increased rate 50% and submitted bills with rate extremely late

    The contract terms state that the terms will remain in tact until conclusion of agreed upon extensions. He verbally asked a manager of mine about raising his rate and my manager said no. Does the contractor have a legal basis to raise a rate ...

    Richard’s Answer

    The express terms of your contract provide the source of "rights" within your relationship with the contractor. If the contract says the rate will remain the same, then the rate must remain the same. Your question is not clear regarding whether the contractor is offering a new contract at a higher rate, or if he's raising his rate during an "agreed upon extension." If there are more facts than what you have indicated, my answer may be different.

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  • My virtual objects (valued at over 15,000$) were stolen. Can I compel the owner of the service to return them?

    Virtual objects that are tracked and unique were stolen by someone hacking into my account and then selling the objects for virtual money. Then he/she redeemed the virtual money for real money thru third-parties, the service does not allow such re...

    Richard’s Answer

    Yes, you can compel the return of your virtual property, or at least the monetary value of it. You'll have to sue the hacker in virtual court. If you prevail, you'll have a virtual judgment, which you can virtually enforce against the hacker. You'll be able to obtain a virtual writ of execution, which you can use to levy on his virtual property. You'll have to have the identity of the hacker, though, so you'll have to serve a virtual subpoena on the service to obtain the hacker's identity. The law in this area is virtually the same in all jurisdictions.

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  • My ex husband just bought a brand new car and refuses to pay his child support because he has to pay his new car note?

    Can they seize his car for payment because he is not paying his child support?

    Richard’s Answer

    Possibly. If he bought the car, versus leased it, the district attorney could seize it to pay for unpaid child support. However, that doesn't happen quickly, and there are many steps in between. You should check with a family law attorney in your city to fully understand what you can do to enforce a child support order.

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  • Can I keep my 4 yr old son from his father?

    He's sells and does drugs and I found out while he had my son he would leave him with a babysitter and be out all night at nightclubs. I'm planning on filing for custody but keeping my son away from him for his safety until the judge says he can

    Richard’s Answer

    The question of whether you "can" keep your son from his father, and whether you "may" are different. You certainly "can" keep him away, but if your son's father has custody rights, then you "may not" keep him away without a court order indicating such. If your son is staying with a babysitter while his father is out at nightclubs, that doesn't sound like abuse, but if you believe your son is being harmed or is in danger of being harmed by his father, you may be able to obtain some emergency relief from Child Protective Services until you can get to court and place your request before a judge and ask that the custody order be modified.

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  • I live on-site at a storage unit complex & would like to know how long i can stay in the apt. after i give notice of leaving?

    i have lived here about 2 years.

    Richard’s Answer

    Generally when you give notice that you are vacating a rental property you indicate in the notice when you plan to vacate. If you didn't then it is simply a matter of reaching an agreement with your landlord as a move-out date. If you now don't want to leave, you'll also need to reach an agreement with your landlord as to whether you can withdraw your notice of termination, or whether you'll have to sign a new lease. When you gave notice, you effectively ended the lease agreement, save only the parties' obligations to each other until you move out and the deposit is handled. Hope that helps.

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  • We rent in an HOA Community. Can we sue a board w/in the community whose members were appointed by the HOA Bd?

    We rent in an HOA community in CA. Were found guilty of crimes we did not commit by a board of a separate corp. governing our club activities. These board members were appointed by the HOA board, yet seemingly have no understanding of legal behavi...

    Richard’s Answer

    Your question is a little difficult to understand, because criminal guilt is not usually associated with the type of conduct governed by an HOA or its governing documents. And I don't quite understand the relationship between this other corporation and your HOA. Is it a committee or sub-committee of the Board of Directors? Or does the HOA contract out the management of your club? Any fines or penalties issued by an HOA can be challenged. Since you are not an owner, however, you are limited to challenging them in court. You could try mediating first, but if the other side refuses, you'll have to sue the entity who has "found you guilty." If you are being defamed, you may have the ability to collect money damages, but such cases are very difficult to prove. If you are a member of the club, you should refer to your membership contract for any rights you may have, and for any procedure for dispute resolution.

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