David Nathan Bregman's Answers

Can my New York corp. defend a lawsuit in California if it has been declared forfeited by California?

Generally, in order for a corporation to defend or prosecute a legal action in California, the corporation must be in good standing. There are some exceptions, but a forfeited corporation is not one of them. Review the corporation code for specifics. However, you will need to revive the corporation. This will entail paying back income taxes (if any are owed) as well as paying the franchise taxes. There are forms on line at the California Secretary of States web site to assist you with this....

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If you file a demurrer, are you making an appearance in c case?

The simple answer to your question, is that the filing of a general demurrer is a general appearance in the case. It is not clear exactly what your specific issue is. You should consult an attorney for specific advise concerning your situation.

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In a personal loan between friends, at what point can I sell collateral held as security?

It depends on what the Note says about any collateral, if anything. Otherwise your only recourse would be a small claims action for breach of the Note. Once you have a judgement, you then have other remedies avialable to collect. This response is a general response to the facts set forth and the questions raised above. It should not be considered legal advice. Facts and/or circumstances may be different than indicated which might alter the response or the ultimate outcome. This response...

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How can i dismiss this case?

There is a lot of information missing from your question. Was the lawsuit file and then put on hold pending the outcome of an arbitration conducted pursuant to a contract or other agreement? If so, you need to file a motion with the court to confirm the arbitration award. If the arbitration was conducted because the court suggested non-bind judicial arbitration as a means to possibly resolve the case, then the side that does not agree with the arbitration ruling would have 30 day to file for...

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I am a general contractor. I failed to submit change orders during construction per contract

Assuming you are properly licensed, you could pursue a breach of contract claim agains the homeowner and/or a stop notice claim agains the lender, if there is a lender for the construction work. However, there may be issues over whether the additional work was approved and or authorized (regardless of whether there was a formal change order). There are also fairly short time constraints with filing an action to pursue a stop notice or mechanics lien claim. You should contact an attorney...

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How can I let go of the contractor I hired and get back my money.

There is not enough information to provide an accurate response. First, you need to review the contract to determine what each party's rights might be. If the contractor is not properly licensed for the work being performed you may be entitled to recover all money paid to the contractor. However, that will require a lawsuit which means time and money. It is unclear from the question whether the 50% payment has been earned i.e. has 50% of the work been done. If so, and assuming there is no...

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My E x Boss sent me to My Own DR AND NOT A WORKERS COMPENSATION DR, but told me that he contated his Insurance and was told

Not exactly sure what your specific question is. However, you should contact a workers compensation applicants attorney and file a claim. You may also want to talk to a plaintiff's employment law attorney.

Can I get a new judge before my Hearing, this judge is biased?

At this point you have probably waived your right to challenge the Judge. However, it may be that your case is being heard by what is known as a "commissioner". A commissioner is not a judge but is assigned to handle hearings and other procedural matters. If this is the situation, prior to your hearing you will be asked to sign a stipulation to allow the matter to be heard by the commissioner. If you do not sign the stipulation, the matter would be re-assigned to the sitting judge.

Addendum question of a sale contract

A valid contract requires assent (agreement) from all parties. The addendum you signed would more appropriately be considered an offer. The Banks response would be a counter offer. If you sign the Banks counter offer, there is then a binding agreement. If parties can not agree on terms, there is no contract. This response is a general response to the facts set forth and the questions raised above. It should not be considered legal advice. Facts and/or circumstances may be different than...

Do I need a contract attorney?

A reputable contractor will gladly sign a contract. Home Improvement Contracts must be in writing. You can look on the Contractors State License Board web site CSLB.ca.gov to see if the contract is licensed. If not, you would be entitled to return of all money you have paid to contractor. You can also file a complaint with CSLB (regardless of whether the contractor is licensed or not). A good attorney should be able to properly advise you on this. This response is a general response to...