Darryl Jay Horowitt’s Answers

Darryl Jay Horowitt

Fresno Litigation Lawyer.

Contributor Level 6
  1. I am a homeowner who recently had to fire the general contractor. What do I owe him for work completed?

    Answered over 2 years ago.

    1. Darryl Jay Horowitt
    2. Cathleen M Curl
    3. Nichelo Michael Campbell
    4. Shawn Michael Haggerty
    4 lawyer answers

    It is difficult for an attorney to answer your question without knowing more about your problem. For example, were you having a house built or were you remodeling. If you were remodeling, the Business & Professions Code sets forth requirements for a home improvement contract, including the start and completion date. In addition, if the estimate does not have the contractor's license number on it, he/she may be unlicensed, in which even you may not have to pay anything and may be able to...

    5 lawyers agreed with this answer

  2. A contractor filed mechanical line which he has been fully compensated. What can I do to remove that lien. I am in Califronia

    Answered over 2 years ago.

    1. Darryl Jay Horowitt
    2. Nicholas Basil Spirtos
    3. Guillermo Marquez Tello
    4. Robert Pecco Baker
    4 lawyer answers

    Assuming the contractor was paid in full, you can request that the contractor release the lien. As the contractor was being paid, you may have received a waiver and release of lien in exchange for your payment. If so, you can use it to prove that no futher payment is due. If you did not receive such a waiver with each payment, you can either demand that the lien be removed now or wait. The contractor has 90 days to file suit to enforce the lien. If no suit is filed within that time, you...

    4 lawyers agreed with this answer

  3. When is the time to bring an action for indemnity and contribution?

    Answered over 2 years ago.

    1. Daniel Nathan Ballard
    2. Konrad V. Sherinian
    3. Maurice N Ross
    4. Adron Wilbur Beene
    5. Darryl Jay Horowitt
    5 lawyer answers

    The answer depends on what state you are in. While for many it is desireable to file a claim for indemnity and contribution by way of a cross-complaint, the statute of limitations for such a claim may not start to run until you are obligated to pay a judgment. In other states, it may arise when you are obligated to pay attorney's fees to defend your company. Thus, it may be best to file the cross-complaint for indemnity with the answer. In many instances, when such a claim is made, the...

    1 lawyer agreed with this answer

  4. If someone decides to sue my corporation, can't I just sell all the IP assets to someone else before litigation commences?

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. Pierre George Basmaji
    3. Darryl Jay Horowitt
    4. Kristina Michelle Reed
    4 lawyer answers

    The responses you have received so far answer your question. I would, however, check to see if you have insurance that may cover this claim. Most general liability insurance policies provide protection against most suits that might be filed. To be sure, check with your insurance agent to determine if you have coverage for anticipated suits including coverage for inadvertent patent and/or trademark infringement or misappropriation of trade secrets. If not, let your agent know how you conduct...

    1 lawyer agreed with this answer

  5. My lease says tenant pays for all legal fees regardless of any outcome and such fees would be billed to tenant as added rent.

    Answered about 2 years ago.

    1. Darryl Jay Horowitt
    2. Chi Leung Ip
    2 lawyer answers

    Generally, whether attorney's fees are recoverable is a matter of what is contained in a written contract or statute. Here, your landlord is trying to shift the burden of paying fees to the tenant. If you do not sign the agreement, there is no written contract that provides for reimbursement of fees and, while some of the basic lease terms could be enforceable - as a written contract - the provision for attorney's fees may not. If you sign the agreement, a court could determine that the fees...

    1 person marked this answer as helpful