Dania Marie Alvarenga’s Answers

Dania Marie Alvarenga

San Jose Business Attorney.

Contributor Level 8
  1. Architect - oral contract

    Answered over 1 year ago.

    1. Christine C McCall
    2. Arash Shirdel
    3. Michael Charles Doland
    4. Dania Marie Alvarenga
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

  2. Proper Venue(California)

    Answered over 3 years ago.

    1. Marc Sean Hurd
    2. Dania Marie Alvarenga
    2 lawyer answers

    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...

    2 lawyers agreed with this answer

  3. BofA providing private information to family members?

    Answered over 3 years ago.

    1. Scott Richard Kaufman
    2. Dania Marie Alvarenga
    2 lawyer answers

    As indicated above, they do not have a right to do this. While a creditor may contact your relatives and friends to locate you (in an effort to collect a debt) they cannot disclose any information related to your account or debt nor can they even tell anyone other than you that a debt is owed. I agree with the above response that you should contact an attorney who can help you protect your rights.

    1 lawyer agreed with this answer

  4. A Company Employee Cursed at Me? What do I Do?

    Answered over 3 years ago.

    1. Michael Robert Kirschbaum
    2. Dania Marie Alvarenga
    2 lawyer answers

    You may have a case for unlawful debt collection. Here is a link that may help: http://www.dca.ca.gov/publications/legal_guides/dc_2.pdf You should contact an attorney in your area that can help assess your case and contact the vendor.

    1 person marked this answer as helpful

  5. My husband filed default divorce in Superior court. How to file response for default divorce post 30 days?

    Answered over 3 years ago.

    1. Dania Marie Alvarenga
    2. Edmund Lee Montgomery
    2 lawyer answers

    Ordinarily, you can request the court to set aside your default. If you have valid reasons to do so, a court may consider setting it aside. For example if you did not get appropriate notice, you were sick, your attorney failed to file a response.. In your case, it is questionable whether a court would set aside a default that was entered many years ago. In addition, it is clear you knew that a complaint was filed and a default was taken. The question becomes, why nothing was done beforehand....

    1 person marked this answer as helpful

  6. How do I go about filing a suit against a person who filed a false police report against me?

    Answered over 3 years ago.

    1. Dania Marie Alvarenga
    2. Christine C McCall
    2 lawyer answers

    If you were never told about it, its probably because the police investigated and did not find it to have merit. It doesnt sound like the case was turned over to the prosecutor so that formal charges could be filed against you. Before you rush to spend your money on a lawsuit consider what damages you have suffered. I understand it may be annoying and may hurt your pride, but what damage did it really cause? It appears to me the only damage you may have potentially defamation action. This...

    1 person marked this answer as helpful

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

    Answered 9 months ago.

    1. Scott Richard Kaufman
    2. Michael Charles Doland
    3. James E Mitchem
    4. Janet Spiro Martin
    5. Brian John Hogan
    6. ···
    6 lawyer answers

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

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

    Answered over 3 years ago.

    1. Dania Marie Alvarenga
    1 lawyer 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: http://gbla.org/

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

    Answered over 3 years ago.

    1. Dania Marie Alvarenga
    2. Frank Wei-Hong Chen
    2 lawyer answers

    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...

  10. 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

    Answered over 3 years ago.

    1. Dania Marie Alvarenga
    2. Christine Ann Wilton
    3. Mark Steven Humphreys
    3 lawyer answers

    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...

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