Skip to main content
Brad S Kane

Brad Kane’s Answers

6,025 total


  • Can my current employer stop me from working for a competitor that is closer to my home ?

    Brad’s Answer

    If you signed an enforceable non-compete agreement and/or you will be using trade secrets when working for a competitor, you could face real problems.

    You need a confidential offline consultation with an employment lawyer, who can review your contracts as well as your factual situation to give you a more specific answer.

    See question 
  • How much money I can get for housing relocation and how can I negotiate a relocation settlement with the landlord?

    Brad’s Answer

    Below is a link to my "Cash for Keys" tenant buyout video:

    https://www.instagram.com/tv/CL73lhPleJ7/?igshid=1mad9hqrfxxh1

    See question 
  • Can you get more money if an employer fails to deliver your final paycheck in the legal allotted timeframe?

    Brad’s Answer

    First, your wife has a right to pick-up her final check at her place of employment. Your employer can only mail your final check with your permission.

    Second, if company is not taking reasonable steps to re-send the check, including voiding the check that was never received, your wife should be entitled to waiting time penalties.

    Your wife should speak with an employment lawyer offline. Most provide a free consultation.

    See question 
  • Can my landlord refuse to give us a key copy to the lock on the gate?

    Brad’s Answer

    First, if the lock does not have a thumb latch, so you can open it from the inside, it is a fire hazard that you can report to the department of building and safety.

    Second, you can file a complaint with the Los Angeles Housing + Community Investment Department.

    See question 
  • How do I find an attorney that represents Tenants in Tenant/Landlord disputes on rent control units on a contingency basis?

    Brad’s Answer

    First, this is an educational forum. We not allowed to solicit clients.

    Second, look on AVVO, Google, or contact the Los Angeles County Bar for referrals.

    Third, speak with directly attorneys, who have experience in this area. See my case, Carter v. Cohen, 188 Cal. App. 4th 1038 (2010). Most provide free consultations.

    See question 
  • Can my parents kick me out during quarantine if I paid rent for the last five years monthly without a notice?

    Brad’s Answer

    If you paid rent, you are a tenant and your parents cannot evict you without notice and filing an unlawful detainer in court.(Your sexuality is irrelevant.) Further, there is currently an eviction moratorium in the City of Los Angeles for evictions with very limited exceptions. You should have a claim for wrongful eviction.

    You should immediately contact the Los Angeles Housing + Community Investment Department and file a complaint for wrongful eviction.

    You should also contact the local police. Some officers will tell your parents to let you back in, others will only help you retrieve your belongings, and others will tell you it is a civil matter.

    See question 
  • I am being sued by someone who habitually brings ADA lawsuits on everyone. What attorney do I contact?

    Brad’s Answer

    Those letters sound like law firms offering to represent you.

    I would notify your insurance carrier of the claim. You should be able to download a copy of the complaint for the Los Angeles Superior Court Website after using a defendant case name search.

    See question 
  • How do I get my money back from a Contractor that didn't compete project?

    Brad’s Answer

    Check with the California State Contractor's Licensing Board to see if your contractor is licensed. If not, you may wish to consider suing for negligence, breach of contract and violation of Business and Professions Code 7031(a) and (b), which are very powerful if they apply. Under section 7031(a), an unlicensed contractor cannot sue to recover any money under law or equity for services and/or materials provided. Thus, the unlicensed contractor should not be able to recover the unpaid balance of the contract from you on a cross-complaint. In addition, under section 7031(b), an unlicensed contractor must return all money paid, even if they did a good job. In addition, the court will have discretion to award treble damages up to $10,000.00 and reasonable attorney's fees. Finally, you may also wish to file a complaint with the California State Contractor's Licensing Board. They may help you mediate your dispute with the unlicensed contractor.

    See question 
  • What can i do?

    Brad’s Answer

    You have employment claims for unpaid overtime, failure to provide wage statements, and misclassification. There may also be a failure to pay minimum wage. You should speak with an employment attorney. Most provide free consultations.

    As to your personal injuries, if the employer does not have worker's comp, there is a presumption that your injuries occurred on the job and the employer is responsible. In addition, the employer loses the benefit of the worker's compensation system and you can recover the normal tort remedies, which are much better. You should consult a personal injury attorney, who will likely be much more interested in your case than a worker's comp attorney.

    See question 
  • I have a new tenant, I suspect he is subletting my house against lease rules.,How can I legally evict both of them?

    Brad’s Answer

    First, by accepting rent for the other person, you are potentially creating a landlord tenant relationship. If the City of Los Angeles RSO applies, then if you do not object within 6 months the person will be your tenant as a matter of law.

    Second, this is not a do it yourself job. Save yourself a lot of stress and aggravation by hiring an attorney to serve a 3 Day Notice to Cure or Quit for material violations of the lease to stop the misconduct, then proceed with an unlawful detainer. There are many large volume eviction mills out there that can handle this a relatively low cost.

    See question