Laurence Louis Spitters Jr’s Answers

Laurence Louis Spitters Jr

San Jose Construction / Development Lawyer.

Contributor Level 11
  1. What should I do when I find out my contractor is unlicensed?

    Answered 3 months ago.

    1. Laurence Louis Spitters Jr
    2. Nicholas Basil Spirtos
    3. Alan Ray Barnes
    4. Chi Leung Ip
    4 lawyer answers

    Report this person to the Contractors State License Board (google "cslb"). I do not think the police will likely respond to your complaint (they may say it is a civil matter -- but operating without a contractor's license is a misdemeanor) depending on their priorities and resources. You can try to recover in a Small Claims Court action. Next time, check the CSLB site, the Better Business Bureau and Yelp before hiring a contractor. Even for a small job, it pays to make these inquiries first.

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  2. How do I resolve a claim for a Total Loss vehicle where the amount of the vehicle is less than the deductible?

    Answered over 1 year ago.

    1. Laurence Louis Spitters Jr
    2. Richard Andrew Harting
    3. George Costas Andriotis
    4. Christian K. Lassen II
    4 lawyer answers

    Unfortunately, the insurer is required to pay the cost of repair or the cash value, whichever is less. You should try to get the value reassessed in light of your recent repairs. If you have added new equipment or rebuilt the engine or trasmission (something significant) the insurer may increase the value. Otherwise, the car will be rated a total loss and you will receive its current value. The insurer will ask for the pink slip before or at the time of payment. Otherwise, you can ask for...

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  3. My mom was driving my sisters car and my sister didn't have insurance but my mom does. Would it cover of the accident?

    Answered about 1 year ago.

    1. Fernando Davin Vargas
    2. Steven Curtis Gnau
    3. Laurence Louis Spitters Jr
    4. Sharon Paris Babakhan
    5. James Alan McFall
    6. ···
    10 lawyer answers

    The vehilce owner's insurance is primary (first in line). If the owner does not have insurance, then the driver's insurance applies to the accident. The driver's insurer should not be permitted to deny coverage. If the carrier does, you should consult insurance counsel to send a coverage demand letter.

    7 lawyers agreed with this answer

  4. Tenants stop paying rent. They are behind 2 months and are not planning to pay. Can I evict them?

    Answered over 1 year ago.

    1. Laurence Louis Spitters Jr
    2. Robin Mashal
    3. Douglas Whitney Weitzman
    3 lawyer answers

    You have the right to give them a 3 day notice. If they pay rent, then serve a notice of termination (30 day notice if they have lived there for less than 1 year; 60 day notice if they have been there longer). They are not required to be there when you show the property, as long as you give them the required notice as per Civil Code Sec. 1954. You should demand they give you a key, as they changed the lock without approval. Advise them that if they do not provide a key within a reasonable...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can my job terminate me for receiving a lump sum of money from disability for my injury at work?

    Answered over 1 year ago.

    1. Laurence Louis Spitters Jr
    2. Ruben Alonso Montoya
    3. David Brian Snyder
    4. Janet Marie Richmond
    5. John M Connell
    5 lawyer answers

    No. Your employer cannot discriminate against you based upon a disability. If you are able to do your job with reasonable accommodation of your disability, the employer cannot take action against you. Nor can the employer discriminate against you because you have filed a workers compensation claim, or for pursuing your workers comp. remedies.

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  6. Can I get evicted for not paying the rent on time one month and not paying the late fee?

    Answered 3 months ago.

    1. Laurence Louis Spitters Jr
    2. Shazad Z Omar
    2 lawyer answers

    You need to pay the late fee. The garbage fee is a separate matter. You should figure out how much it is and request a rent credit for that sum. The credit can be given all at once or over a period of months, depending on what you and the landlord negotiate. If the landlord does not pay the garbage fee, you can seek recovery in Small Claims Court. If you do that, the landlord may decide to terminate the rental agreement. You need to decide which is more important, not having to move or...

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  7. How to kick out a subleaser?!

    Answered about 1 year ago.

    1. Laurence Louis Spitters Jr
    2. Paul Francis Easlick
    2 lawyer answers

    You should check the main lease agreement, if there is one. If it provides that the tenant may not sub-leasse without the landlord's consent (this is a common provision) and permission was not obtained, the landlord can evict the subtenant. If there is no written lease agreement, then your roommate is the subtenant's landlord, and must take action against the subtenant if the person fails to pay rent or to meet other conditions of the sub-lease. If the person is paying rent and is a bad...

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  8. CA law re statute of limitations for home construction defects is 10 yrs. Can liability go beyond 10 yrs in certain circumstanc

    Answered over 1 year ago.

    1. Nicholas Basil Spirtos
    2. Laurence Louis Spitters Jr
    3. Karyne Therese Ghantous
    4. Timothy John Broussard
    4 lawyer answers

    The Legislature has set 10 years as the maximum time for suing a contractor for construction defects.

    4 lawyers agreed with this answer

  9. My landlord had his mail stolen including my rent check, Do I still have to pay?

    Answered 7 months ago.

    1. Laurence Louis Spitters Jr
    2. Sagar P. Parikh
    2 lawyer answers

    If the check was stolen from your landlord's mailbox. that would indicate that you had tendered the payment and the landlord was in possession of your rent payment. If that is the case, the risk of loss passed to the landlord on receipt of your rent payment.

    3 lawyers agreed with this answer

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  10. Fastest way to get my paycheck is to sue CEO or the company? Thank you

    Answered about 1 year ago.

    1. Laurence Louis Spitters Jr
    2. Michael Charles Doland
    3. Sagar P. Parikh
    4. Kristine S Karila
    4 lawyer answers

    Sue the company, or better -- file a complaint with the State Labor Commissioner. Since the company was your employer, that is the proper party to proceed against.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful