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Andrew Warren Singer

Andrew Singer’s Answers

15 total

  • I know that when a California corporation is suspended, it cannot sue or defend any action in court. What about an LLC?

    What is the legal authority that supports this? It seems that Revenue and Tax Code 23301 applies only to corporations?

    Andrew’s Answer

    An LLC’s loss of rights are equivalent to a Corporation. Until the LLC’s status is corrected, while it is suspended it cannot legally operate. This means that it cannot engage in any business transactions and in addition it also cannot sue or defend any action in court.

    ATTORNEY DISCLAIMER: The above does not constitute litigation advice and I am only answering this question according to the rules and principles of AVVO. My answering the question does not create an attorney/client relationship between us and one of the reasons that is so is that I don't have all of the facts about your case.

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  • If a tenant who is renting a room, and violates the contract is a 3 day pay or quit legal?

    I have this roommate who has not paid rent and still owes for October. The landlord has given her a 3 day pay or quit notice because of her being agressive multiple times with other tenants and is putting our health and safety at risk.

    Andrew’s Answer

    A three day pay notice is legal if the procedure is carried out properly. A landlord can serve a 3-day notice if they :
    -Failed to pay the rent.
    -Violated any provision of the lease or rental agreement.
    - Materially damaged the rental property ("committed waste").
    -Used the rental property for an unlawful purpose.
    -Substantially interfered with other tenants ("committed a nuisance").
    -Committed domestic violence or sexual assault against, or stalked another tenant or subtenant on the -premises.
    -Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs.
    -Unlawful conduct involving weapons or ammunition

    From what you have said it sounds like the landlord has the right to serve the notice. When the landlord serves the notice it must have specific information on it in order to be valid. This information must state the amount of money that’s due plus the information of the person that it is due to and where the payment can be made. The notice will start to count from the day the notice is served.
    If the person does not comply or move out the next step would be to take court action. The landlord cannot physically do anything to the tenant to make them move; that includes turning off any utilities, physically removing them from the premises, changing the locks, etc. You have to use court procedures and file an unlawful detainer lawsuit and take it from there.

    ATTORNEY DISCLAIMER: The above does not constitute litigation advice and I am only answering this question according to the rules and principles of AVVO. My answering the question does not create an attorney/client relationship between us and one of the reasons that is so is that I don't have all of the facts about your case.

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  • Mom passed away and left living trust how do i get a copy of it

    mother passed away left a great nephew as executor of living trust but will not share info with me do I have right to see trust and how do I get a copy.

    Andrew’s Answer

    There really is no "right" to see the trust, however, as a likely beneficiary the trustee should share some information with you. It is important to remember that your mother had the legal right to leave part of her estate to you, or to exclude you entirely. Unless you suspect foul play or undue influence on the part of your nephew, you should try talking to him about your concerns and questions before taking legal action. If you are a beneficiary under the trust, your nephew's only obligation is to distribute the trust funds as indicated in the document and to provide you with annual accountings.

    This answer should not be construed as legal advice and is not intended to create an attorney-client relationship. Nothing in this answer should be taken to supplant the advice of a qualified attorney in your area.

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  • My Licensee Agreement is dated 8/21/03. I found they're a disguised Franchise on 8/25/10. When does the clock start? Can I sue?

    Licensee Agreement is written under Mich law, but I operate my store in CA. Which Fraud law applies? MI or CA? The Licensor Amended the Agreement on 6/07. Does Statute of Limitations start from the original date signed on 8/21/03 or Amendment 6/07...

    Andrew’s Answer

    First- let me suggest that you have an attorney review both of your Agreements.

    Second- typically, under CA law, the Statute of Limitations begins to run when you know or reasonably should have known of the harm. In this instance, you discovered the fraudulent behavior on 8/25/10, and in any suit you would argue that the SOL began to run then. However, if you were negligent in this discovery i.e. by failing to read the Licensor Agreement or in failing to open your company, this may have started the clock ticking earlier. Contracts claims have a two year Statute of Limitation in CA.

    MI law will most likely be different, and your contract will most likely be governed by MI or by a "Choice of Law" clause that should be found in your Licensor Agreement.

    Disclaimer: Nothing in this answer is intended to create an attorney-client relationship, and the advice included should not be exclusively relied upon. You are encouraged to seek the advice of an attorney.

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  • I am suing the CA Dept of Justice for some records under the CA Information Practices Act, and I am now conducting discovery.

    I am suing the CA DOJ as a pro-per. I have amended my second complaint, and I have sent off some interrogatories that asked for some documents and databases to be indentified. What do I do now, do I wait for the answers to come back, or, pertainin...

    Andrew’s Answer

    Discovery is a complicated process, and, as you are going up against the DOJ with its many resources, you should be prepared to use every tool available to you. Interrogatories AND request for production of documents should be filed, as in the Interrogatories the DOJ will only be required to answer that a document or database does or does not exist. Your Request for Production should call for production of any documents or databases identified in the Interrogatories as well as any other documents or databases pertaining to the matter in question.

    I would suggest that you seek the advice of counsel ASAP.

    Nothing in this answer is intended to create an attorney-client relationship. Nothing in this answer should be relied upon as legal advice, and you are encouraged to consult with an attorney.

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  • After the trust is distributed can anything be done

    i am a beneficiary of a trust and have signed a release letter, if info come out after the check is cashed ,as far as accounting fraud or a breech of fidiciary duties by the trustee, or unethical actions by the trust attorney, do i have any recour...

    Andrew’s Answer

    As a beneficiary, you always have the right to contest actions taken by the Trustee/Representative. You may have impaired that right by signing a waiver, but, if fraudulent behavior encouraged you to sign that waiver, your remedies may be restored. Be aware that many trusts have in their text a "no-contest" clause, which the attorney in question may use to prevent your claims, especially after distribution. Be especially sure to act timely- waiting too long to make your claims may be considered a further waiver.

    Appropriate remedies against the attorney in question include a malpractice claim, which is a separate legal action.

    DISCLAIMER: nothing in this answer should be construed as creating an attorney-client relationship, nor should it be used to supplant the advice of an attorney. You are encouraged to seek in-person advice from a licensed attorney.

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  • What to do if a person named their business VERY CLOSE like my business.

    My business name is "Z Club Fitness" and this couple named theirs "ZBay Fitness". We are in the same area and do the same thing. They were my "friends" and I got the business license first!

    Andrew’s Answer

    Unfortunately, you will most likely lose money if you decide to take this issue to court. While there are some interesting potentials regarding litigation (as noted in the previous answers), the facts remain that you both are engaged in a fairly broad business. Having the word “fitness” in your name does not mean that the court will find anything particularly distinctive or unique about either one of your businesses. Protecting your claim will depend upon being able to show that your claim has priority, and reflects a distinctive service.

    If you feel you have a unique “business front,” different workout program or something else distinctive [something that makes your “fitness” club or gym totally different from others, which you pre-planned to serve some particular purpose or function in the area you serve – in which case the courts might determine you had a “trade dress”] then you might have the evidence to show not only is your fitness business catering to a certain niche or market as you claim, but your claim to the name has priority and has wrongfully been usurped. You might consider litigation, or hiring an attorney to pursue this matter.

    DISCLAIMER: this information is not legal advice and is made for general discussion purposes. Nothing in it should be interpreted to create an attorney-client relationship.

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  • Can I reject a demotion (without cause) offer and still remain eligible for UI benefits if terminated?

    My employer is changing my title from Director to Coordinator, changing me from salary/exempt to hourly/non-exempt, but my responsibility and overall pay will remain the same. If I refuse their new offer of Coordinator and they terminate me will I...

    Andrew’s Answer

    The short answer is no. An individual can be disqualified from receiving UI if they leave their work voluntarily, without good cause, or were terminated for misconduct. Misconduct is defined fairly clearly, and I don't think refusal to perform the same function with a different, lesser title constitutes miconduct. You need to make sure not to refuse to perform any duties under your existing title.

    Nothing in this response is intended to confer an attorney-client relationship. Consult a legal professional for assistance.

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  • Trust vs. squatters rights over property?

    Sister lives in apt and rents from mother who has a trust (non-living). Sister pays rent but claims she will own property upon mothers death. Trust says everything is to be evenly distributed to all siblings.

    Andrew’s Answer

    I agree with Ms. Brewster. What your sister is referring to is "adverse possession", and, as pointed out, she fails the adverse portion.

    Additionally, the trust terms would over-ride any perceived agreement your sister has with her mother, unless your mother has agreed to put something in writing regarding your sister's claims. Even in that case, however, your sister would have a difficult time proving that the writing was meant to revoke the trust terms.

    Do you have a copy of the trust? I would suggest contacting the attorney who drafted it with your questions. Though the attorney will not be able to divulge any confidential client information, she may be able to explain some of the terms.

    None of this information is intended to create an attorney- client relationship. You should consult an attorney with your questions.

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  • I'm being sued for foreclosure. Is it proper to serve process on my son, who's not a party, at one of his apartments?

    I travel a lot so it has been difficult for the process server to serve me. The process server then went to my son's place of business. Behind the business my son owns an apartment. While my son was at the apartment, the process server asked for m...

    Andrew’s Answer

    Service of process under Florida law must be made on the defendant, either in person or by leaving the papers with a resident of the party's home who is over the age of 15. It sounds as though your son does not live with you, so he cannot be considered a proper subject of substituted service in this manner. I would suggest consulting with an attorney in Florida with your suspicion of improper service of process.

    A gentle reminder, however, that just because you were not served properly does not mean that you are not AWARE of the suit pending against you. In certain circumstances, the judge in your case might overlook the defective process, preferring instead to infer proper service based on your actual knowledge of the suit. In short: show up to any hearings noticed on the Summons.

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