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Dania Marie Alvarenga

Dania Alvarenga’s Answers

23 total

  • Is it worth it for a corporation to sue another corporation for less than 5k?

    Small claims won't work as there are multiple contracts. (Learned the hard way!)

    Dania’s Answer

    It also depends on whether you are looking just at a breach of contract case or if there is more such as fraud.

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  • Architect - oral contract

    I paid an architect 15K to draw up the plans for a home remodel. It was based on an oral contract. He never gave me the finalized plans as agreed upon. When ever I ask for the finalized plans that were approved by the city, he kept giving me draft...

    Dania’s Answer

    I agree with the above answers, particularly that this probably requires a deeper analysis. I will add that I often tell my clients to send an email - or better a letter summarizing the agreement and asking the person to notify you "if the terms stated in this letter are not in accordance to our agreement." If you send a letter, do send it via a trackable method. People usually react faster to letters because they know if you send them a letter you are serious.

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  • Landlord did not tell me my residence was an illegal garage conversion. Now he's pressuring me to leave without written notice

    I have been paying rent for 2 yrs. Last month the landlord came to me that he was in danger of losing the house & at that time told me he didnt have the permit to have built his garage into a residence which meant I would need to move so he could ...

    Dania’s Answer

    You find yourself in a difficult situation. It seems as if you could sue him for breach of oral lease agreement, possible fraud and negligence. It is hard because you have nothing in writing, so pretty much it is your word against his.

    Your best bet is to go to your closest legal aid. Here is one possible place that might help:

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  • Can my landlord start to charge for water that she claims is overusage with out providing proof

    I live in an apartment complex (one of two) and our landlord sent us a notice stating that the water usage in the complex where I live greatly surpassed the usage in the other complex. Now is charging the three apartmment tenants in my complex the...

    Dania’s Answer

    A lot of this will depend on what is written in your lease agreement. There you will be able to assess whether you are liable for any water. If your lease agreement states that your landlord will be responsible for water then you should not be liable to pay for it.

    If you have a month to month agreement your landlord may change this and include water payments in your rent next month. If you have an agreement for a year and your agreement states that it can only be modified by writing signed by both parties then most likely your landlord cannot make you pay for water.

    It would be wise for you to review your agreement and decide what to do. If you find that you are not liable to pay for water, it would be wise to send your landlord with a written notice that you feel your landlord is violating your lease. Be careful how you do this, however, as you want to assure you yourself are not in breach of the agreement, otherwise your landlord would find grounds to evict you.

    If you find you are correct and you do not have to pay water and your landlord refuses to cooperate, you may consider a case in small claims court.

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  • I have gap insurance that was included in my monthly payments on my truck. I my friend total my truck and I had not insurance

    nor did my friend. Can I still use my gap insurance??

    Dania’s Answer

    It depends what you want your gap insurance to cover. A lot of people often confuse gap insurance with regular car insurance. Gap insurance indeed is not insurance that will replace your car. In most instances gap insurance simply protects the bank in its investment in your vehicle.

    I would recommend you go back and carefully read your gap insurance policy to see what it covers...I do not think it covers what you are hoping it will cover. If you cannot ascertain the terms of the insurance by just reading it, I recommend you talk to an attorney.

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  • How can i prove harrassment in order to get a protective order, without witnesses? are prior orders against same guy proof?

    i am seeking a protective order from a "panhandler" that works a corner that is shared with theparking lot of the apts where i work. i am a in home health provider for two elderly, disabled gentlemen that live in the apartment complex. we were fr...

    Dania’s Answer

    In order to get a restraining order you would have to prove that you are specifically being harassed, annoyed or threatened by someone. From reading your description it does not sound like this individual is targeting you in any way. You feel threatened by his glares, but apart from that has he done anything to make you feel threatened? I understand he yelled threats at you once, is this something that happens daily? How serious were his threats? These are things you have to ask yourself to see if you have a case against him.

    Sounds to me like you do not like him and simply want him removed. Its doubtful that a restraining order is the appropriate way to go. If you do decide to file a restraining order against him you will be required to specify exactly what he is doing to make you feel threatened, annoyed or harassed. If you go forward, I would highly recommend you do not describe him as a "hobo" as it certainly wont help your case.

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  • Can I pursue for Court Order for Mortgage Company to correct credit report

    I was current on my mortgage when I entered into a trial modification with Bank Of America, I then was being reported as late during my trial period. After completing the trial period on time and not behind my credit was ruined, and now my payment...

    Dania’s Answer

    In order to get a court order you would probably have to file a lawsuit. You may try writing Bank of America a letter requesting that they fix this problem. If you do send them a letter send evidence of timely payments and let them know that if no action is taken you will consider filing suit.

    Before you file suit, I would strongly recommend talking to an attorney as many cases are barred by the statute of limitations and have quirks you may not be aware of.

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  • Proper Venue(California)

    I was sued by a collection lawyer on a time barred debt. He filed a dismissal after the complaint was demurred with exhibits indicating that the debt was time barred. I was told by a friend that his action was a violation of The Fair debt Collecti...

    Dania’s Answer

    There are several ways to ascertain venue. One way is where the defendant lives or does business. Another way is where the contract/agreement was entered into or where the duty was to be performed. Venue can also be proper in the county most convenient ie where the witnesses and documents are.

    In your case it would probably be best suited in Northern California.

    Before you consider filing suit consider whether this case will be worth your time and money. Indeed if you can find an attorney to take it on a contingency basis it may well be worth your time, however, if you find yourself paying it really worth the investment? While in the end you may collect damages and he may end up paying penalties, you may end up paying quite a bit in attorney's fees.

    If you are considering fighting this yourself, remember that you will be fighting an attorney...also consider that there are federal and state laws to protect your consumer rights, you may have more protection under one or the other and may find it more favorable to sue in federal and not state court. It is best for you to consult and attorney to review your case and decide the best course of action.

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  • A Company Employee Cursed at Me? What do I Do?

    An Account Manager of a company came to my house to collect an unpaid balance for merchandise I had rented. Of course it's my fault for missing a two payments and I take responsibilty for it. But this person came to my house early in the morning r...

    Dania’s Answer

    You may have a case for unlawful debt collection. Here is a link that may help:

    You should contact an attorney in your area that can help assess your case and contact the vendor.

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  • Notices to quit

    What are the code sections discussing defective notices to quit (i.e. no address, signature, etc listed on notice). Also, is a Motion to Quash the appropriate doc to file in opposition to a defective notice to quit, after UD is filed???

    Dania’s Answer

    Here are some helpful links:

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