Joseph Clark Melino's Answers

Liability of real estate brokers

Any analysis that needs to be done will really depend on the documents in the matter, the relationship of the parties and any contracts that exist between the respective parties. 1. The analysis has to begin with who the plaintiff is. Is it the "client" of the agency? A seller with a listing agreement with your company? What does the listing agreement say about liability of the Broker? What forms were used? The CAR forms have substantial language regarding the issues you relate. 2. Was...

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How do I sue a landlord for breach of a Stipulated Judgement.

You use the words "Stipulated Judgement" in the heading of this question. That's important because it makes a world of difference in the method to enforce whatever the agreement you had with your landlord. The terms of your lease, the terms of the "Stipulated Agreement" and the factual background of what led to the "agreement" are necessary before any lawyer can tell you what it is you need to do. The short answer is, if it is a "contract," [the Stipulated Agreement] that contract is...

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BofA is about to evict me but when i run current title reports on the property it is not owned by them but buy bank of new york

Are you sure BoA isn't acting as the agent or servicer for the other bank? Your question is really hard to answer without some understanding as to the legal position of the parties as to the Note and Deed of Trust your landlord signed. There are California laws that offer some protections, but not in all cases. You need to elaborate as to the information of record regarding assignments.

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We need access to our neighbor's rarely used side yard to fix leaks on the outside wall of our house, which abuts their property

You may find your answer at the Building or Planning Department of the City of San Francisco. It is very likely there are conditions placed on the properties that provide for access to repair and rebuild the wall. The issuance of a Building Permit or other authorizing documentation at the city would show if there are any such conditions. There might also be actual ordinances that make it a condition of construction that access be provided. In that case, a visit to the Code Enforcement...

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Employer working for The Aerospace Corporation has a contract from The Aerospace Corporation

And not only ask once, ask in writing. If you get no answer, then spend time to locate a reputable and effective lawyer who specializes in Domestic Relations and recovery of assets. You should also consider what to "trade" for your interest in the business. Its not likely that the Government Agency with which it does business will continue as a customer once the learn of the violation you have pointed out.

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I want to form a corp in CA. I am 100% stockholder and the sole officer. Should I make it a C or S Corp?

A note about using a LLC for a construction company. While the legislature adopted a change in the rules regarding the licensing of an LLC, the Contractors State License Board has until the end of the year to prepare for that alternative. So, unless you want to wait for the end of 2011, your plan should look to forming a corporation and then get tax advice from a tax lawyer as seeking S-Corp status. Also consider the license bond for an LLC is going to be in the $100,000 dollar range. A...

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Does an easement for ingress and egress implicitly allow for parking also?

It might be cheaper and easier, to make a complaint to the local Fire Marshall . . . take pictures and prepare to show the circumstances. That might be more effective than using a lawyer. Either way, unless you and the neighbor can reach agreement, prepare for a longstanding war and a continuing enmity with the neighbor. Another way is seek the help of the local government's ombudsman or neighborhood dispute resolution service, who would try to mediate the dispute. The alternative is to...

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What happens when a group owns a property and one of the owners will did not properly go through probabte?

While the prior responder is likely right with regard to the probate issue, he fails to mention the California laws relating to who can take such actions. You question doesn't state, so we must assume, that the persons who were A's intestate heirs have, in some way, been involved. If that is so, it is they who will have to seek administration of A's intestate estate. If there are none, then the property is subject to partition to resolve the issue of A's share of the property. In that regard,...

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How long do I have to be in court in my case?

The California Courts follow Judicial Council Rules that prescribe that 75% of filed cases are to be determined within one year. These are found in California Rules of Court, Sec., 3.714(b)(1) and CRC Standards of Judicial Administration. 2.2(f)(1). You will find these on the web at http://www.courtinfo.ca.gov/ -- Look under "Rules." Hope this helps. DISCLAIMER—This answer is for informational purposes only under the AVVO system its terms and conditions. It discusses general legal...

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I have a friend in a sticky situation. He bought a house and a few other items with a friend (confused gender friend)

Setting aside the personal antagonism, your friend has a range of legal remedies . . . each dependent on what the legal relationship is, and what he has in the way of papers to show ownership. Other factors would be a hard look at the current equity to see if there is any way to recover any contribution your friend made to the acquisitions. Your question does not tell us whether there is a form of agreement for the acquisitions. That would be the first thing to examine. How is title held?...

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