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Kenneth Evan Chyten

Kenneth Chyten’s Answers

417 total


  • Is this good cause to fire my attorney?

    According to my fee agreement, it does state that my lawyer would proceed with an individual action for retaliation, wrongful term and sexual harassment; a class action for unpaid overtime and other labor code violations. It was my understanding ...

    Kenneth’s Answer

    A client has the right to fire an attorney at any time for any reason.

    You may, however, have a financial obligation for services rendered.

    You should communicate with your attorney to see if you can get on the same page.

    Good luck.

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  • My lawyer quit my case 2 months before trial...civil court/superior court Los Angeles...any advice

    Civil law case/trial in LA What to do?

    Kenneth’s Answer

    retain new counsel IMMEDIATELY.

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  • Is there a difference between your lawyer getting himself dismissed from the case and voluntarily dismissing them?

    My lawyer no longer wants to represent the case and he recently asked for a continuance for the trials and MSJ. Will it make a difference to the case if I voluntarily dismiss him? If he dismisses himself, will the court allow me more time to find ...

    Kenneth’s Answer

    Your attorney is probaly trying to protect your interest by getting the trial and MSC dates continued so your new attorney will have time to prepare for both.

    You shoulkd consider letting your old counsel withdraw once the trial and MSC have been continued.

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  • Validity of contract with another contractors license?

    I have a contract with a contractor that put his partners license on the contract without partners signature Is the contract enforceable and what would you suggest to resolve this situation

    Kenneth’s Answer

    I would suggest you consult with an attorney who will need more facts to advise you on whether the contract is valid.

    Assuming the contract is not valid, an attorney can guide you on how to procced, and what remedies are available to you, such as rescission of the contract, in which you get your money back, or damages caused by the contractor's breach.

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  • In a breach of contract action, should all the evidence be presented?

    I had the contract notarized by a notary. Do I have to call the notary who witnessed the signing of the contract or is it enough to offer the contract at trial. Can I get the D to stipulate the contract is valid. How do I tell the court that it ...

    Kenneth’s Answer

    The notarization of the contract will only help you to authenticate it.
    In order to prevail in a breach of contract case, you also need to establish the defendant's breach of the contract, and the planitiff's resultant damages.

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  • What documents are served on the defendant after filing a complaint for breach of contract?

    I know there are several documents that must be served on a defendant when filing a breach of contract action. What are those documents in addition to the complaint and the case cover sheet?

    Kenneth’s Answer

    In Los Angeles County Superior Court, you are required to serve the defendant with a summons, complaint, Alternative Dispute Resolution Package, and sometimes a Notice of Case Management Conference.

    Things only get more complex from here, and if you have a case woth pursuing, I would strongly suggest you retain counsel..

    Good luck.

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  • If I took someone to superior court for a civil suit for breaching his fudiciary duty and we missed the court date for trial, ca

    I sued my brother in law in Superior Court for breach of fudiciary duty and fraud. I missed the trial date because of a car accident. It has been dismissed with predjudice. Can I try again in probate court?

    Kenneth’s Answer

    retain an attorney immediately, and try to set aside the judgment based on your mistake, inadvertence, or excusable neglect. See, California Code of Civil Procedure Section 473.

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  • No contract was signed between my partner and i and i want out, what can i do?

    in 2010 my old partner was bought out by a new partner and now i am sick of this partner and i want out! we work for free the business just takes care of itself. i am under a contract where i pay the owner 500$ a month for 2 years and a rent contr...

    Kenneth’s Answer

    It depends upon the terms of the partnership agreement.
    I would suggest you have a business lawyer review this agreement, and advise you of your options at that time.

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  • Major breach of contract

    I found a unique product I wanted to market. The manufacturer signed an exclusive contract giving me the exclusive right to distribute the product private label in my industry. I started a company, entered into endorsements with 7 professional a...

    Kenneth’s Answer

    You should consult immediately with an attorney.
    Should a lawsuit be deemed appropriate, you could seek to compel enforcment of the contract by specific enforcment, could pursue damages, including lost profits, for breach of your contract, and can seek to enjoin the manufacturer from selling the products to another distributor.

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