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Richard Leigh Boyer
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Richard Boyer’s Answers

223 total


  • What are the real estate reinstatement laws in California?

    What are the right of redemption laws in California.

    Richard’s Answer

    It isn't clear from your question whether you want to know how to find the laws pertaining to the right of redemption or instead want someone to explain the law to you. Since the latter would require a treatise on the subject, I'll direct you to California Code of Civil Procedure sections 729.010 - 730.5. If you need more specific information to answer questions about your own situation, you can find many books on the subject in your local library, or you can hire one of the many fine real estate lawyers listed right here on AVVO.com.

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  • Is any contract if signed binding?

    we are a business an investors office we have a contract that must be signed in the clients wishes to do business with us they can read it take to there lawyer its up to them before they sign it. we have a client which signed there contract and is...

    Richard’s Answer

    You should have a lawyer review your contract, the facts, and provide a legal opinion. Without seeing the contract in question and having an understanding of all the relevant facts it is impossible to give you any worthwhile legal advice. If this contract is one you intend to continue using, it is worth the cost of hiring a lawyer to make sure it is one that is enforceable. Just because your client signed it doesn't necessary mean it is binding in all circumstances.

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  • What is the average attorney fee & court fee for a petition to remove a mechanics lien?

    i can send the claimant a letter requesting that he remove the expired lien but he is just an evil, agressive person & dont think he will care that i tell him that i will petition the court. i think i will get better results if he gets a letter f...

    Richard’s Answer

    You might get a better result if a lawyer sends a letter, but more and more it seems like people are not as impressed by letters from lawyers as they once were. Maybe they've become too common. But, if you hire a lawyer just to write a letter, you should plan on it costing around $750 (at least that's what it generally costs my clients when I prepare one for them), because there will be some consultation required, a draft, a review by the client, modifications, then a trip to post office to send it certified, return receipt requested. You might also anticipate that your lawyer will need to handle the possible response from the other party. That time would increase the fee depending on how much time it takes.

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

    Exclusive use barring the lessor from renting to another business that would compete with their current lessee? I've been searching online and I cannot find a statute that specifically permits this. Would Cal. Civ. Code §1469 apply to this scenario?

    Richard’s Answer

    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.

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  • Question about Quit Claim Deed and subsequent sale

    My friend had a property worth $150,000, held in Joint tenancy with his girlfriend. They broke up and she agreed to a buyout settlement for $75,000. As they were negotiating, she secretly signed a Quit Claim deed to a 3rd party, in exchange for ...

    Richard’s Answer

    If the title to the property was held by both your friend and his girlfriend as joint tenants, she could not transfer "full" title to the property. To do that, both parties on title would need to sign. If the guy who paid her $75k for title didn't obtain both parties' signatures on the quit claim deed, then he got nothing. If the girlfriend somehow provided a fraudulent quit claim deed in exchange for $75k, the guy she defrauded should both sue her and file a criminal complaint against her. However, the guy who supposedly paid her $75k may not have "clean hands" in this matter. It sounds pretty fishy. If he isn't a bona-fide-purchaser-for-value ("bfp") he doesn't have any rights in the property. At any rate, your friend doesn't owe the guy anything on these facts.

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  • What is the *exact* process for a lockout?

    The landlord opened mail addressed to me and photocopied a lockout notice and put it on my door. I don't understand all the details yet, but how is it legal for them to open mail addressed to me? She also went into my residence because the envelop...

    Richard’s Answer

    Your question is not very clear, but if I understand it, the LL served a 3 day notice. You attempted to pay her, but she refused payment. Then she sued you for unlawful detainer and won, receiving a writ of possession. Now, you received a notice to vacate in the mail, but the LL opened it before you did. If your question is whether you can take action against the LL for opening your mail, and/or entering your property without your permission, the answer is maybe. But, regardless, there isn't anything you would get from her, or be able to do to her, that would make pursuing a remedy worthwhile. You would be better off devoting your time to finding another place to live.

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  • Can a landlord sue for intentional infliction of emotional distress if a tenant intentionally damages rental property?

    Is a tenant’s intentional damage of rental property a breach of contract or a tort, and can a landlord get damages for intentional infliction of emotional distress based on the tenant’s misconduct? My prior landlord falsely claims I intentionally ...

    Richard’s Answer

    Probably not. Usually property damage cases do not entitle the plaintiff to personal injury damages, as IIED would be. There are some exceptions, such as if you had special knowledge that damaging the property would cause the landlord severe emotional distress, because, for example, the property had special sentimental value to the landlord. Otherwise, the landlord will almost certainly limited to money damages. It could be a tort or breach of contract, but the landlord will eventually have to elect contract remedies or tort remedies.

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  • Can I sue the HOA from one board member that is harassing me?

    One board member is an instigator in the complex and has targeted me since 2007. He spreads rumors around the complex slandering and fueling emotions for those that will listen. He recently engaged in a neighbor dispute where he encouraged someo...

    Richard’s Answer

    • Selected as best answer

    If the bad board member is using his position of authority on the board to create problems for you, amounting to harassment, then you can and should take action against the HOA, along with the individual. You should probably serve a Request for Resolution on both parties, to see if some form of ADR (e.g., mediation) will resolve the dispute. If not, a lawsuit would be your next step. If you have evidence of harassment by one person, you could seek a Civil Harassment Restraining Order, but the Court usually wants to see some threat of or actual physical violence. If the one board member is as bad as you say, you're probably not the only one who doesn't like him. A lawsuit against the HOA might make it take action to curb his bad conduct.

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  • Is there anything you can do legally to overturn a judgement that will cause wage garnishment that you are never been served?

    Riverside, California

    Richard’s Answer

    Yes. You can bring a motion to set aside the judgment on the basis you were never served. You should first contact the creditor and find out if he/she will voluntarily withdraw the judgment. If not, you'll have to bring a motion. You should have a lawyer appear for you, so you don't get served in court.

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  • Dentist did a crown and by her admission, messed it up. A previously good tooth now needed root canal. I want money back.

    I paid $950 for a large molar with a cracked filling to get a crown on my dentists recommendation. This tooth never had any issues with pain or sensitivity. After the procedure I n nerve pain and extreme sensitivity to cold and hot. I went back 3 ...

    Richard’s Answer

    Ow! You should contact a lawyer. This sounds like dental malpractice, but you will need to find a dentist who can testify that your dentist was negligent in her work on your tooth. A lawyer will take the case on a contingency basis if there is a meritorious claim against the dentist.

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