David William Ginn's Answers

Assignment of Deed of Trust, Substitution of Trustee, Who is Who?

A Deed of Trust has three parties. The first party is the trustor. This is the party that creates the trust, and is usually the borrower. The second party is the beneficiary of the trust, which is usually the lender. The third party is the trustee, who is usually an unrelated party, such as a title company, who holds the deed until the conditions of the trust have been satisfied. It sounds like the assignment of the deed of trust means that the beneficiary of the deed of trust has been...

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What is a short cause trial

A short cause case is a civil case in which the time estimated for trial is 5 hours or less. Please see the rule of court that I have copied for you below. A short cause trial is your entire trial, and you need to prepare everything you would intend to prepare for a regular trial (also known as a long cause trial). For a short cause trial, you need to put together all of the documents and other things you intend to use as exhibits, as well as get your witnesses ready to testify. The court...

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If a contractor is unpaid on a public works project in California, can they file a Stop Notice, a Lien, or both?

The prior post is wrong and incomplete. Your remedies on a public works project to get paid include the following: a stop notice, a claim on the payment bond, a claim on the contractor's license bond, and/or a claim for breach of your subcontract. There is no bonding requirement on a stop notice to a public entity. The bonding requirement is only for a construction lender. If you are not in direct contract with the general contractor, be sure that you have provided the twenty day...

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I need to know if I have a legal right to ask someone to leave my property under special circumstances.

There is more information needed to assess what you might be able to do. If the boyfriend is harassing you or you have a reasonable fear of physical harm, you can obtain a temporary restraining order against him. Take a look at Code of Civil Procedure section 527.6 to see if you have a situation that may apply. A link to Civil Harassment Forms appears below. If the boyfriend is coming onto the property you rent, you can ask him to leave. If he refuses to leave, you can call the...

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Why do I have to pay for a contractor's mistakes?

I suggest that you speak with your lawyer about potential licensing issues involving this contractor. For example, if the contractor who did the work does not have the right type of specialty license, it may not be licensed to perform this work. In addition, there are several ways that a contractor may become an unlicensed contractor. The significance of an unlicensed contractor is that the unlicensed contractor must return all compensation received, in addition to the costs of repairing...

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My neighbor claims we must help pay for the fence between our yards which is falling down. True?

The part of the law that appears to address your situation is Civil Code section 841. It reads as follows: Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them; 2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter. So, if you have fencing...

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Question for Construction Attorney

The first place to look is your construction contract. Under California law, remodeling or "home improvement" contracts require specific disclosures and other provisions. One of the items to look for is a provision concerning the contractor's agreement to comply with building codes and other applicable laws and regulations. That may establish the basis for a breach of contract claim. If the contractor did not finish his scope of work, then you may have a claim against the contractor's...

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Do I have to pay for hidden charges up to 50K to the licensed contractor who does not have worker compensation for his emplo

A contractor who does not have workers compensation insurance for his employees is automatically suspended, and is considered an unlicensed contractor, who has no right to compensation. Wright v. Issak (2007) 149 Cal.App.4th 1116. You should consider retaining an attorney to represent you.

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Is there anything I can do to recover the funds from an IRA that was "lost" in 1994?

You are going to need to look at the laws of the State of Colorado as opposed to the State of California as a source of information concerning your rights. You may be able to hire an attorney to request, or if needed, to subpeona the records of the company that claims the money was sent to Colorado. I do not necessarily agree with the prior post that you are barred by the statute of limitations. In some states, like California, the statute of limitations does not start until you have...

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I need to have an Opposition to Demurrer served to the Defendant's attorney. Can my server give it to his secretary?

The requirements for serving oppositions to motions and other requirements relating to service of papers is contained in the Code of Civil Procedure sections 1010 through 1013. Please note that in serving opposition papers, you can also serve by overnight mail. The goal is to get it to the opposing counsel by the next business day.

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