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Amir Hossein Afsar
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Amir Afsar’s Answers

35 total

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

    I would like to know if it is legal for a small business in CA to record telephone conversations without first informing the callers. If it is not, who shall this issue be reported to?

    Amir’s Answer

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

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  • A demurrer has nothing to do with evidence.

    I had a house built by a friend of a friend. His father was the contractor and they have a business together. But the contract was with him personally. He is not a contractor at all. But he had said he was. My understandi...

    Amir’s Answer

    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 something completely different and should be reserved for times when there is evidence without opposition showing your position to be accurate. If there is any potential triable issue of fact a court will deny a summary judgment motion since the result is a trial on the merits of the dispute.

    Please do not consider this information exhaustive or as legal advice as the information provided by you is extremely limited and, therefore, my statements should not be relied upon. In a situation such as this, or any litigation for that matter, formal legal counsel is strongly recommended.

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  • I'm planning to co-sign on a mortgage application as a co-borrower. What are some ways to limit my liabililty?

    What are my legal responsibilities as a co-signer? I also have a Revocable Trust. Would that also affect my co-signing?

    Amir’s Answer

    The answer above is accurate. There really is no way to limit your liability. Additionally, your Revocable Trust will have little or no impact on this transaction. Moreover, should a collection judgment ever be entered against you based on the non-payment of this or any other debt, a Revocable Trust provides no protection from collection efforts taken against you.

    Think wisely before co-signing on any loan.

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  • Our contractor lied to us and said we passed final inspection on our house addition when we had not. We found out 3 years later.

    Three years after the addition was finished, we received a letter from the City of Los Angeles, telling us that our building permit had expired and that we never passed our final inspection, nor were we issued a Certificate of Occupancy. Of course...

    Amir’s Answer

    You should closely review your construction contract and determine the viability of negotiating a resolution to this dispute before filing a complaint against the contractor and increasing your out of pocket costs to complete the work necessary to obtain your COO. Your contract should provide the specific scope of work and potentially lay out a course of conduct for dispute resolution. Take your contract to a real estate/construction attorney for review and proceed accordingly.

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  • Whats the best corp to open in California?

    I went to start a website, whats the best corp to open in California?

    Amir’s Answer

    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.

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

    Our landlord has asked us to cover half the cost. Just wondering if that is even our responsibility?

    Amir’s Answer

    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.

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  • Dad died Dec 11 07 .Palm Springs California.Dad had close to 10 million.Has the statute of limitations run out ???????

    Probate litigation Undue influence self dealing.10 million estate.

    Amir’s Answer

    Your post poses only a question regarding the statute of limitations but does not provide enough information for a complete response. Assuming nothing has been filed to date, you can file a petition for probate. You should seek legal counsel for this issue.

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  • June 2012 we signed a contract that stated I was going to receive 20% of daily sales of his Business in exchange for 10,000

    The reason why I think I have been a victim of fraud is (Number 1.) Because he told me he was making $7,000 a day which was a lie, did not find out until after I signed the contract.( I have 3 witness that were present when he said he was making ...

    Amir’s Answer

    Your post fails to ask a specific question. However based on the limited information provided, you should consult with an attorney to discuss potential claims you have. You should also review the signed agreement to see if there is an attorneys' fee provision (a clause allowing the prevailing party to recover their actual/reasonable fees/costs in the event of a dispute). As stated in a previous answer, should you wish to limit your fees as well as your recovery, another option would be to pursue this in Small Claims court.

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  • Are motion's to set aside generally granted?

    My child's father is a cop who avoided service & now, a year & a half later, payments will finally start. He knows how to manipulate the system & his best friend is an attorney with DA's office. I know for a fact he avoided service but how can tha...

    Amir’s Answer

    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 to again attempt to evade service.

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