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Richard Leigh Boyer
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Richard Boyer’s Answers

223 total


  • In California does SOL extend if payment is collected for breach of written contract (apartment lease)?

    It has been seven years since notice to pay rent or quit. Moved out a few days after, was fined discounted rent amount since lease/contract was breached. Collection company attempted to collect debt this year and lied about being able to update my...

    Richard’s Answer

    The statute of limitations (SOL) on written contracts is four years in California. The landlord would have lost the right to file a legal action against you, four years after you moved out. The SOL is not "revived" or extended by your paying the collection agency money.

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  • I have a signed 2 year lease landlord wants to break lease what do I do?

    They sent me an email telling me I have 30 days to move out they want to move back in but I have a 2 year lease and have only been there for 7 months. What do I do?

    Richard’s Answer

    An email is not sufficient to terminate a lease. You may refuse to move out if you haven't materially breached the lease yourself, such that the landlord has a valid basis for evicting you. Even if landlord is able to evict you, you are entitled to proper, written notice, properly served. If you are willing to move, but need longer notice, you might try negotiating with the landlord for longer time, or a "buy out" price, where the landlord pays you to terminate the lease early. If the landlord persists in treating you unfairly, you will need to hire a lawyer.

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  • Can I take this tenant to court in Ca?

    I have a tenant under a month-to-month rent agreement and he walked into my complex's manager's office on Nov. 29th and verbally told her, he is moving out on the 4th of Dec. and he will not pays December's rent, he said we can charge it out of t...

    Richard’s Answer

    Month to month tenancies can be terminated on 30 day's written notice by either the landlord or the tenant. Your tenant has violated his statutory obligation to give proper notice before vacating the premises and stop paying rent. You could initiate a lawsuit against the tenant for the amount of rent he owes for December, as well as the cost of repairs or excessive repairs you have to make to the property. As a practical matter, it seldom makes sense to sue former tenants for small sums, because tenants tend to be judgment proof; meaning, even if you get a judgment, you won't be able to collect it. However, if your damages are significant and the former tenant has a steady job, it might be worth while. You'll be in small claims court if your damages are less than $10,000.

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  • What does the law says regarding Small Claims Court papers being served?

    We are on vacation till the end of January 2013, and out of town. We leave in Arizona in a gated community, but we have a rental house in Sand Diego CA. The renters we had, did some damage to the property that cost around $600, we deducted that ...

    Richard’s Answer

    That is not proper service. You can ignore this improper service, and see if you are properly served in time for the hearing. If not, the plaintiffs will go to court and find that they will be told they have not affected good service. If the process server lies and states that he properly served you, the plaintiff may obtain a default judgment. If that happens you can go to court and have the default set aside on the basis you were never properly served. You should visit the California Courts Online Self-Help Center at www.courtinfo.ca.gov/selfhelp/ to learn more about this issue.

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  • I'm a co-plaintiff in Pro Per and a deposition was taken on my co-plaintiff (also in Pro Per) in which I attended.

    Defense counsel refused to allow me to ask questions to the co-plaintiff in the deposition and their refusal is documented in the transcripts. In my questioning, I would have been able to get clarifications on areas the defense skewed into fals...

    Richard’s Answer

    I don't know why the defense lawyer would not allow you to ask questions if you are representing yourself in the case and have made an appearance. You can bring a motion to require the defense lawyer to pay to have the court reporter come back and allow you to ask your questions. The court might impose monetary sanctions against the lawyer if it determines the lawyer acted inappropriately in denying you the ability to question the witness.

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  • I got sucked into a Mystery Shopper Scam. I received a check and deposited it at my wellsfargo branch.

    I got suckered into a Mystery Shopper Scam. I received a check and deposited it at my wellsfargo branch. My branch has a hold on it till 12/04. I don't want to get any charges pressed against me. What are my next steps. I deposited it on 11/23. P...

    Richard’s Answer

    I hope I'm not the only lawyer out here that doesn't know what a "Mystery Shopper Scam" is. I have never heard of this, and I don't understand why depositing a check in your bank account would result in charges against you (I assume you mean criminal charges). But if you have participated in illegal conduct, you may be able to "save" yourself by asking your bank to cancel the deposit. You should also consider contacting the police and turning yourself in. If you cooperate with the police, it will do a long way toward mitigating any penalty you may suffer. If the crime involves bank fraud, you may need to contact the FBI and see if you can assist them in busting the scam in exchange for leniency. Come to think of it, you should hire a criminal defense attorney to guide you through this matter, to avoid making things worse than they may already be. Especially since your freedom may be at stake.

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  • If family court dismissed my case and removed my res. order will criminal court dismiss my case through them as well???

    my wife put a res. order and during the time there was a violation of the order(text message) therefore giving a criminal order put in place. My wife asked family court judge to have the res. order removed and the judge granted the request and dro...

    Richard’s Answer

    There is a chance the criminal case would be dismissed if your wife calls the police and asks them to do so. Under these circumstances, you have a good chance of getting the charge dismissed.

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  • If I live on the west coast and someone on the east coast will be taking me to small claims court will I have to fly out.

    A realative who lives in St. Louis and I live is San Diego county has filed a complaint with small claims court for a beneficiary change. The insured changed her will 4yrs before she died will I have to fly back east, and if I don't will the case ...

    Richard’s Answer

    Let me state at the outset, you should probably hire a lawyer in St. Louis to answer this question, or perhaps post your question to lawyers on Avvo in St. Louis. If the case were filed in California Small Claims Court, it could not be served on someone outside of California, with some exceptions that don't apply here. Additionally, this kind of case would not be proper for Small Claims Court in California; it is a probate issue, which is outside the jurisdiction of Small Claims Court. Missouri may have different laws, but it is hard for me to believe they are that much different than California's. Still, you should try to speak with a lawyer licensed to practice in Missouri.

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  • Received a 3 day quit from somebody " New Owners" " Realtor" unknown who they were.

    moved in a guest house that my cousin previously owned, she moved out and now I reside and haven't paid rent since August. My cousin hadn't paid her mortgage close to 4 years and had charged me $750.00 monthly the year I was there. Now I live her...

    Richard’s Answer

    It sounds like your cousin's home was foreclosed upon by her lender. The new owner has the right to evict you. They must follow the proper procedure, which is too complicated to set forth here, but if you were properly served with a 3 day notice to quit, they are starting the procedure to legally evict you. The next thing you will get is an unlawful detainer complaint. You probably have about five weeks from when you were served with the 3 day notice to move out, before the Sheriff comes and changes the locks. You might try negotiating with the new owner for either a lease or at least additional time to find a place to live. You might even be offered some money to move out without making a fuss. As far as the company being nonexistent, I can't help you there.

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  • Is my husband entitled to the rental income I receive from rental property I owned before we married?

    I pay my mortgage and the expenses to maintain my rental property from the rental income I receive and the money I earn from a job that I’ve held since before I married my husband. My husband has never once assisted me with paying the expenses men...

    Richard’s Answer

    Your husband's claim is legitimate to the extent you used your earnings from your job to pay any expenses affiliated with the rental property during your marriage. All compensation earned during marriage is community property. If you used some of that compensation to pay toward the rental, then you diverted community property. What your husband is entitled to as a result is beyond the scope of this forum. You may need an accountant to figure that out.

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