What is a partition "trial" like? I thought it was cut and dried - one attorney told me all parties need to be there to testify.
Jeffrey's answer
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Answered on November 12, 2015
If you think the opposing party agrees with you - send them a stipulation (agreement) with the terms you think are the settlement. If they don't...
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Do I need a Real Estate attorney?
Jeffrey's answer
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Answered on November 11, 2015
Good morning. Yes - that's certainly possible. It's no different than selling any piece of property - except we would first do a partition of...
Archived
Can I break a lease if a clause allows for written notice?
Jeffrey's answer
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Answered on November 10, 2015
That's an unusual clause in a lease - but it's apparently there. So yes - give the 30 days notice and cite the lease. See if there is...
Archived
Concerning 1 year lease
Jeffrey's answer
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Answered on October 30, 2015
Any expired lease automatically converts to month-to-month. You can give 30 or 60 days notice for the tenant to vacate - depending on certain...
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Real property contract, tenant's death is voluntary and causes diminished value to property. Case law for what % of damages?
Jeffrey's answer
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Answered on October 23, 2015
Did the tenant damage the property during a suicide? If so - my colleagues are correct. You have a normal damage claim (per your lease terms)...
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My employee signed an unconditional waver the my client stopped payment on the check. what are my legal rights?
Jeffrey's answer
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Answered on October 22, 2015
The question is confusing. Please restate the question. Provide more facts.
Not sure how your employee has anything to do with your client...
Archived
My father is being sued by a lawyer for non payment of fees. The lawyer filed for a court judgement against my father.
Jeffrey's answer
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Answered on October 19, 2015
You present many issues here. The retainer agreement would need to be reviewed by an attorney. The San Jose bar may require specific mediation...
Archived
Is it legal to search an employees home for stolen construction materials?
Jeffrey's answer
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Answered on October 15, 2015
You could hire an investigator to gather more information - but instruct them not to trespass on the employee's property. You can file a police...
Archived
Could I buy an account from someone, change the name, and claim that I am responsible for the creative work?
Jeffrey's answer
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Answered on October 15, 2015
There are too many issues presented by your question to be answered in this forum. I suggest a conversation with an Intellectual Property attorney.
Archived
Does a Company DBA/Fictious name protect against anyone trying to register another company under the name of my company DBA.
Jeffrey's answer
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Answered on October 15, 2015
Four years is enough time to establish a common law trademark - especially if you have a public website. The only downside of that is if you need...
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