Adina T Stern's Answers

What do I need to do to change the manager name in my LLC?

As the previous attorney indicated, you must check your operating agreement and comply with it. Once you have gone through the proper procedure for changing managers, file a Statement of Information with the California Secretary of State. The form can be found at the link listed below. IMPORTANT NOTE: This response was prepared by Adina T. Stern, A Professional Law Corporation for informational purposes only and is not intended as legal advice. The information available in this answer is...

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Can I sue Carnival Cruises?

Your rights against Carnival arise from maritime law - the law of the sea. Generally, speaking, a shipowner owes passengers a duty to take ordinary reasonable care under the circumstances. If it is determined that the fire occurred due to a lack of ordinary reasonable care, you could have an action against Carnival. That being said, it is important to save your ticket because a passenger’s ticket is basically considered the contract between you and Carnival. It probably states where you...

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I cosigned for my sisters apartment 08/15/2005 then 08/30/2005 another cosigner agreement was signed by my sister

I assume you do not live in the apartment and a copy of the notice was mailed to you. If you have a copy of the new document, you should contact the landlord and let the landlord know you were not a party to the new lease. I suggest you get a copy of the new lease either from your sister or her other cosigner. Additionally, if the new lease simply added another cosigner instead of replacing you, you could have a problem. You needed the new document to replace the original one not supplement...

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If you have care,custody,&control of another person's horse,can they pickup their horse without paying the board/feed bill?

Most board facilities take a security deposit and charge board like rent - a month in advance. I assume you do not have a security deposit that will cover the partial month's board. You are entitled to an "Agister's Lien" against a horse under California law. Some boarding stables will install a lock on the horse's stall once board is past due. If you board horses in the future, it may be a good idea to print out the law so that you could show it to a law enforcement officer. (I...

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Boundary issue

I believe that is a good start. Litigation is costly and if you can reach an amicable solution with the bank before they sell the property that would be best. The bank may be willing to remove the manufactured home depending on its condition. Because other people can walk on your land there are other issues that arise. You could be held liable for someone who injures themselves on your property so you should make sure you have insurance that would protect you. This is another reason why...

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Sustaining Demurrers with Leave to Amend

I will assume you are the plaintiff in this question. You will not waive your right to appeal if you timely file an amended complaint. The key question, however, is whether you will have a valid grounds for appeal. Most non-lawyers do not understand the nature of a demurrer. It means you did not write the complaint properly, it does not mean you do not have a valid case. Unfortunately, if you do not write the complaint properly you will never have the opportunity to present that case. An...

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A tenant signed a two year lease after 2 months. He wants out of the lease. How do I end the lease formally/ legally?

The previous two attorneys are correct. You are entitled to damages as they indicated, however, I do sense from your question that you do not want to leave things in the air. You want a “clean” break with this person. I believe that is prudent on your part. If you pursue the tenant later for damages in court there is always the chance they will claim that the property needed repairs and therefore they were entitled to some sort of rent reduction or damages on their part. I assume that...

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In a commercial eviction, is it legal for a tenant to cover up or take down an eviction notice?

An “Eviction Restoration Notice” is a document that describes the penalties for unlawful re-entry of the property and tells the Tenant how to recover their property. Therefore, it appears that the Sheriff has already changed the locks. I am surprised that the landlord is letting the tenant cover up the notice with their own sign. She really has no right to do anything to the property at this point. If she is stating that the property is only closed for maintenance when she knows that is...

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Our HOA board has ordered termite tenting for our condos The members have started a recall action, voting scheduled Aug 1.

I want to also add that you need to carefully review or have an attorney review the CC&Rs to determine the proper procedure that needs to be followed before court action can be sought. Most CC&Rs have some procedure that must be followed first. Emergency injunctions are not always easy to get. As indicated by the previous answer, you will need to show irreparable injury. You would also have a better chance of success if a group of owners banded together to bring the action rather than...

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Can i sue for Defamation/slander??

You need to consult with an attorney because it sounds like these people are not going to stop this behavior with anything short of a court order. Make sure to document the statements, obtain the names and perhaps even a written statement from anyone who has seen the statements. One last thing, if the statements are framed in such a way that they are construed as "opinions" that would not constitute slander.

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