Richard Leigh Boyer’s Answers

Richard Leigh Boyer

Solana Beach Real Estate Attorney.

Contributor Level 12
  1. Is the landlord required to clean carpets before move-in CaLifornia?

    Answered over 2 years ago.

    1. Richard Leigh Boyer
    2. James Michael Slominski
    3. Frank Wei-Hong Chen
    3 lawyer answers

    No. There is no law that compels a LL to clean the carpet for each new tenant. It is something you should negotiate with the LL before signing the lease. If the carpets aren't clean enough or in good-enough condition for your tastes, you must get the LL to commit to clean or replace the carpets in writing, along with timing of said cleaning or replacement, i.e., before or after move-in.

    2 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. Michael Ryan Juarez
    2 lawyer answers

    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...

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

    Answered almost 2 years ago.

    1. Mark Tristram Coffin
    2. Richard Leigh Boyer
    3. Nicholas Basil Spirtos
    3 lawyer answers

    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!

    2 lawyers agreed with this answer

  4. I am in the process of buying a home

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Lara Ruth Shapiro
    3. Richard Leigh Boyer
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Michael Ryan Juarez
    2. Richard Leigh Boyer
    2 lawyer answers

    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...

    2 lawyers agreed with this answer

  6. Credit union not on title

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. Scott Richard Kaufman
    3. Eric Jerome Gold
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. John Joseph O'Brien
    2. Richard Leigh Boyer
    3. Alan James Brinkmeier
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

  8. If a CCP 998 offer to defendants is made and rejected for $70,000 and at trail the jury awards plaintiff $69,000 plus another

    Answered almost 2 years ago.

    1. Nicholas Basil Spirtos
    2. Richard Leigh Boyer
    3. John Joseph O'Brien
    3 lawyer answers

    Yes, you bet. Nice job on obtaining the punees, and it sounds like the case was perfectly evaluated by whomever decided to make the 998 for $70k. Way to go. Of course, as always, you will have to withstand a challenge to the propriety of your 998, and a Motion to Tax Costs, but hopefully everything was done properly, your costs and fees are reasonable and authorized, and you will get paid in due course. Best of luck!

    2 lawyers agreed with this answer

  9. How can you take someone to small claims court without knowing their current address?

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. Douglas Holbrook
    3. Lara Ruth Shapiro
    3 lawyer answers

    The short answer is that you can't. As mentioned by one of the other lawyers, you can pay someone to find the person. You will need some basic information about the person you are looking for - the more information you have the better. Most folks can be found, but sometimes it costs a bit to find them. You can do a lot of research on the internet these days for not too much money. Check social media sites, contact mutual acquaintances, send an inquiry to your local post office requesting a...

    2 lawyers agreed with this answer

  10. Word document embedded with emails, reliable evidence?

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. Michael Raymond Daymude
    3. John Joseph O'Brien
    3 lawyer answers

    I agree with Atty. Daymude. If the defendant intends to introduce this document as evidence at a hearing, it is likely subject to hearsay and authentication objections. The point you mention, that the cut and paste nature of the document implies subjective editing will be apparent to any judge. But without knowing more about the document, the purpose for which it is offered as evidence, and the nature of the proceeding at which it will be offered, it is impossible for a lawyer to provide any...

    2 lawyers agreed with this answer

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