Amir Hossein Afsar’s Answers

Amir Hossein Afsar

Palm Desert Litigation Lawyer.

Contributor Level 8
  1. A demurrer has nothing to do with evidence.

    Answered 12 months ago.

    1. Amir Hossein Afsar
    2. Michael Charles Doland
    3. John Noah Kitta
    4. Nicholas Basil Spirtos
    4 lawyer answers

    A demurrer challenges the Complaint. In many ways you can consider it an attempt to show that even if all allegations of the Complaint are true, the Plaintiff should still receive nothing. Based on the limited information provided, it appears you should file a demurrer stating the complaint fails to allege the plaintiff is a properly licensed contractor. This demurrer would be effective if a contractors license is required for the work for which payment is sought. Summary judgment is...

    7 lawyers agreed with this answer

  2. Are motion's to set aside generally granted?

    Answered over 2 years ago.

    1. Kevin Samuel Sullivan
    2. Frank Wei-Hong Chen
    3. Amir Hossein Afsar
    4. Robert T Senh
    4 lawyer answers

    Courts do have a preference for deciding cases on the merits (as stated in other attorney responses your have received) and, therefore, you would be wise to plan for the motion to be granted. That said, the granting of the Motion will simply give your opposing party an opportunity to be heard in the case and will most likely not require you to re-serve any documents. The situation will only "start over" if you are required to personally serve additional documents thereby giving your ex a reason...

    4 lawyers agreed with this answer

  3. Can I over turn a unlawful detainer stipulation judgement

    Answered over 2 years ago.

    1. Kevin Samuel Sullivan
    2. Amir Hossein Afsar
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Generally speaking, I do not believe you will be able escape the terms of the stipulated judgment. That said, the terms of your settlement agreement will control. Pay special attention for a waiver under Civil Code section 1542 as that provision is a waiver of all claims both known and unknown and, if included, would also damage your small chance of escaping the terms of your stipulation.

    3 lawyers agreed with this answer

  4. I would like to know if it is legal for a small business in CA to record telephone conversations

    Answered 12 months ago.

    1. Athina Karamanlis Powers
    2. Amir Hossein Afsar
    3. Pardis Patrick Ashouri
    3 lawyer answers

    California is a two party consent state. Both parties must be aware the conversation is being recorded.

    2 lawyers agreed with this answer

  5. Whats the best corp to open in California?

    Answered about 2 years ago.

    1. Christopher Daniel Leroi
    2. Phillip Monroe Smith
    3. Amir Hossein Afsar
    4. Shaun K. Boss
    4 lawyer answers

    You need to provide more information on the type of business your website will be conducting in order to get a good answer to your question. For example, the response to this question would be different for a math tutor as opposed to a realtor. Repost with the specific business you intend to conduct using your website and you are likely to receive more informative responses. Best of luck.

    2 lawyers agreed with this answer

  6. Can I record a second mechanics lien before the first expires?

    Answered over 2 years ago.

    1. George William Wolff
    2. Frank Wei-Hong Chen
    3. Amir Hossein Afsar
    4. Leon Franklin Mead II
    4 lawyer answers

    While it is true that you can only record a second lien if the time to record a lien has not yet expired, also be careful not to over-encumber the property. Remember, you can only lien the property for the specific amount owed and nothing more. The recordation of a lien in an amount over what is actually owed renders the lien invalid and unenforceable. One option to consider is recording a Release of Lien which makes no mention of satisfaction and then record the second lien. A second...

    2 lawyers agreed with this answer

  7. I did contracting work for a married couple and now they are divorced. Do i go after them as a married couple or individuals?

    Answered over 2 years ago.

    1. Amir Hossein Afsar
    2. Jeffrey M Moore
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Before you can sue for any construction work, you must be a licensed contractor. Do not waste your time going to court for unpaid construction work if you are not licensed by the California Contractor's State License Board (CSLB). Who you sue depends on who you contracted with. Assuming this was a significant job, you should have a written contract and should sue the party who entered into and signed the contract. If you do not have a written contract, the person who gave you the...

    2 lawyers agreed with this answer

  8. In the state of California, is it the landlord's responsibility to install a pool safety device? aka fence, gate, covering?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Amir Hossein Afsar
    2 lawyer answers

    The Swimming Pool Safety Act of the California Health and Safety Code requires landlords and homeowners to install at least one of seven safety options on new or remodeled pools. Best of luck with your landlord.

    1 lawyer agreed with this answer

  9. Protection for me against lender of property I signed quit claim deed on

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Amir Hossein Afsar
    2 lawyer answers

    The quitclaim is the transfer of the deed. It has nothing to do with the loan or the lender. By quitclaiming the deed to another person you lose control of the property and that is all. The act of quitclaiming the property does not impact your loan or the lender unless the property is used to secure the loan (i.e. standard mortgage). If the property is security for the loan, quitclaiming it to another person is almost certainly a default under the terms of the loan.

    1 lawyer agreed with this answer

  10. What's advatage of quitclaim deed if I'm still on the loan?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Amir Hossein Afsar
    2 lawyer answers

    The quitclaim is the transfer of the deed. It has nothing to do with the loan or the lender. That said, the lender may take issue with the quitclaim - for example, if the loan is secured by the property (i.e. standard mortgage). If the property is security for the loan, quitclaiming it to another person is almost certainly a default under the terms of the loan. The best way for you to protect yourself would be to have the person you are quitclaiming the property to obtain their own loan...

    1 lawyer agreed with this answer

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