Richard Leigh Boyer’s Answers

Richard Leigh Boyer

Solana Beach Real Estate Attorney.

Contributor Level 12
  1. What can I do to go after a company that scammed me for $4000 to do a home loan modification?

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. Frank Wei-Hong Chen
    3. Michael Salanick
    4. Keith Adam Halpern
    4 lawyer answers

    Loan modification companies are not permitted to charge up front fees. It is a violation of Civil Code Section 2944.7, and carries penalties of up to $10,000. Call the San Diego County District Attorney's office and report this company. They should help you get your money back.

    6 lawyers agreed with this answer

  2. Am I, a tenant in an apartment, liable for flood damage caused from a portable dishwasher?

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. Frank Wei-Hong Chen
    3. Richard C Koman
    4. Wallace E Francis
    4 lawyer answers

    You don't indicate why the dishwasher caused the sink to overflow. Probably because the garbage disposal was filled with food, making it impossible for the dishwasher to drain. So, the flood is most likely the result of your negligent conduct. As such, yes, you are responsible for any damage that results from your negligence. Exactly what that damage is will determine the extent of your responsibility. I would resist the landlord's desire to rip up the linoleum without a water damage contractor...

    6 lawyers agreed with this answer

  3. Is violation of city building codes evidence of negligence per se?

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. Frank Wei-Hong Chen
    3. Nicholas Basil Spirtos
    3 lawyer answers

    Well, if there is an actual documented violation from the building authority it would, in theory, establish negligence per se. However, you don't provide many facts. Are you seeking to establish negligence against the person responsible for the building code violation, or someone else? An allegation of a building code violation would support an allegation of negligence per se, but you still have to prove your case against the person or entity defending the claim.

    Selected as best answer

  4. Why don't you all lower your rates? A psychiatrist goes to university, medical and specialization for 12 years and charges

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. Jose Carmelo Masso IV
    3. Eric Charles Lewis
    4. Oscar Ernesto Toscano
    4 lawyer answers

    1) You are probably speaking with lawyers with firms. You will be able to find sole practitioners and lawyers in outlying cities who charge less, because their overhead is lower. It is extremely expensive to run a law firm, especially if you have to compete with other firms for the best lawyers, both associates and paralegals. 2) If people weren't willing to pay these rates, lawyers couldn't charge them. 3) What lawyers do is extremely stressful, high risk, and demanding. Lawyers have the...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Am I liable for rent or damages if my ex-husband won't leave our apartment after I move out? My name is on the lease.

    Answered over 1 year ago.

    1. Richard Leigh Boyer
    2. James Carl Eschen III
    3. Richard C Koman
    3 lawyer answers

    Yes, since your husband is there with your permission, he is a lawfully there. If he doesn't move out, the landlord will have to evict him. Doesn't matter if it is you or your ex, you are on the lease and ultimately responsible for the guests you allow to stay there.

    5 lawyers agreed with this answer

  6. I am trying to type a pleading paper for a continuance in California, I am looking for an example? is there a web page?

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. Frank Wei-Hong Chen
    3. Robert Scott Lawrence
    4. Paul Y. Lee
    4 lawyer answers

    There are several legal DIY sites that will help you, like Legal Zoom. You could also go to your nearest courthouse, find a motion for a continuance in a case like the one you are looking for and pay the clerk to copy it for you. Take it home and plagiarize it. You might also try going online to your local superior court's website and see if there is a form you can download. They have many standard forms in pdf you can fill in and print out.

    5 lawyers agreed with this answer

  7. Not sure what is best to do..a short sale? foreclosure? deed in lieu of forclosure?

    Answered almost 5 years ago.

    1. Richard Leigh Boyer
    1 lawyer answer

    In a short sale, you sell your property for less than the balance of the loans against it. The problem is that unless the lender(s) will accept the proceeds of the short sale as payment in full, you are liable for the deficiency - the shortfall between the sales proceeds and what is owed. With a deed in lieu, you simply hand over title to the bank in exchange for forgiveness of the debt. Most lenders will not accept deed in lieus because they take the property's title with any encumbrances it...

    10 people marked this answer as helpful

  8. CA foreclosure law, repercussions of foreclosure

    Answered over 5 years ago.

    1. Richard Leigh Boyer
    2. Stanley Duane Lockhart
    2 lawyer answers

    If you fall behind on your mortgage payment the lender can record a notice of default and begin foreclosure proceedings, which will eventually lead to a trustees sale. If the loan is a first trust deed, the lender will end up owning the property, and it cannot pursue you any further. Your liability for that loan will end. It will show up on your credit report and will severly damage your credit rating. If you know you will eventually lose the house to the bank, your credit will be wrecked...

    10 people marked this answer as helpful

  9. My very old tree roots are pushing my neighbors new block wall.

    Answered almost 2 years ago.

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

    Excellent question! This is a classic case of an owner's liability when conditions on his property cause damage to persons off his property. In the case of trees, you are responsible for actual damages to your neighbor's property caused by your tree roots, branches, and trunk. Your neighbor is entitled to cut the roots that enter onto his property if they cause damage. If he does so, however, he faces a claim by you that his action was excessive and unnecessarily damaged the tree or made it...

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  10. Case Management Conference in a Limited Civil Case

    Answered almost 2 years ago.

    1. Frank Wei-Hong Chen
    2. Richard Leigh Boyer
    3. Paul Y. Lee
    4. Kevin Samuel Sullivan
    4 lawyer answers

    Go to your local court's website and check the local rules for case management conferences in limited civil cases. Your local rules may excuse you from filing a case management statement. In addition, if your case is short cause matter pursuant to Rule 3.75. If you have to file and serve a statement, you must do so 15 days before the hearing. Check out Rules of Court, beginning at Rule 3.720 for all the details. The meet and confer requirement is addressed therein. Usually it is done by phone call.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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