When does the statute of limitations start to sue a real estate agent: close of escrow or the manifestation of a problem?
Nicholas's answer
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Answered on January 29, 2019
The statute of limitations on a written breach of contract claim is 4 years from the date of the breach. However, many times the statute of...
Archived
Rented a room w/o contract. Been there 1 yr, 4 mo. How much notice does he get? How do I serve papers to vacate or end tenancy?
Nicholas's answer
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Answered on January 29, 2019
Given that you are not the owner of the property and you subleased the property out to another tenant, you need to consult with an attorney...
Archived
Possibility for filing the answer to the complaint right now?
Nicholas's answer
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Answered on January 29, 2019
Without knowing more about what the Judge said and ordered at the hearing to discuss your default, it is not possible to advise you about a...
Archived
What legal rights does an HOA board have to remove a structure erected by a defiant resident in a common area?
Nicholas's answer
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Answered on January 29, 2019
The HOA likely has the ability under the CCRs to have the garden removed, but you should not assume until an attorney has reviewed and advised the...
Frivolous reprisal lawsuit threatened from evicted prior tenant
Nicholas's answer
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Answered on January 29, 2019
Whether or not you should file first depends on a number of factors, including potential liability and the language in your lease that may provide...
Archived
Can I compensate a long term contractor with $X upon selling my company and can a contract be written for something like this?
Nicholas's answer
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Answered on January 29, 2019
Yes, your agreement will need to include a condition precedent that upon the sale of your business interest, payment to the contractor becomes due...
Archived
What options do I have for recouping costs for a general contractor that ordered equipment and failed to pay?
Nicholas's answer
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Answered on January 28, 2019
Christopher provides good insight above. I would add that you should consult with an attorney to review the terms of the contract you had with the...
Archived
A judicial settlement was ordered per ccp 664.6 resulting in breach of contract?
Nicholas's answer
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Answered on January 28, 2019
If your franchise agreement requires that the franchisee operate at the location where they are being evicted, then yes, the CCP 664.6 settlement...
Is having a refer a friend condition in a Sweepstakes considered consideration even with AMOE ?
Nicholas's answer
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Answered on January 28, 2019
An AMOE is necessary if you require contestants to take an action to enter a sweepstakes that benefits you or your business. Without knowing more...
Archived
How to collect rent on abandoned rental property?
Nicholas's answer
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Answered on January 25, 2019
Depending on the amount at issue, you may be able to sue in small claims or limited jurisdiction at the Superior Court. You have an obligation to...
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