Archived
I filed a entry of judgement against a couple of defendants and one of them filed two demurrer motion ton strikes,
Daniel's answer
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Answered on March 31, 2019
Before judgment, you need to file (and the court must accept) an entry of default. These forms can be denied by the Court for even slight...
Archived
How & where can I submit a legal claim in San Diego CA
Daniel's answer
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Answered on March 20, 2019
Where often depends on the language in the partnership contract or where the contract was executed/to be performed. The law requires a partner to...
Archived
An issue concerning quality and performance for my hair at hair club in San Diego
Daniel's answer
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Answered on March 19, 2019
I agree - your rights here would be determined by your contract. Did they promise that it would work? Did they give you an initial review and...
Do I have to respond to a Demand letter from a private party (not an attorney or subpoena? Is it best to respond in some way?
Daniel's answer
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Answered on March 19, 2019
As the owner of an LLC, you have a duty to account to all members of the LLC. Usually, a demand letter precedes a formal complaint. You do have a...
Can a seller be held liable for material non-disclosure for noisy upstairs neighbors and poor soundproofing in a condo?
Daniel's answer
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Answered on March 15, 2019
You would have an action for fraudulent concealment against the seller (and agent, which in this case, are the same), which is essentially...
Archived
First time California landlord - advice on lease renewal clause?
Daniel's answer
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Answered on March 14, 2019
Yes, 45 days is safe, although you may provide the notice that you do not intend to renew the lease at the expiration of the one-year term...
Archived
Can I get help to garnish someone whom I loaned money under false pretenses, fitting the definition of extortion can I garnish?
Daniel's answer
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Answered on April 05, 2018
To garnish wages, you would first need a civil court judgment--which you would obtain after filing and winning a civil lawsuit. Once you receive...
WAS the bank negligent when they deposited my check into a 3rd party account?
Daniel's answer
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Answered on April 05, 2018
You would likely have a cause of action for conversion against your ex if he deposited the check into his account and also causes of action against...
Archived
Is an oral agreement that $60K be paid for service rendered enforceable in California ?
Daniel's answer
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Answered on April 04, 2017
You definitely have a case. It is not only an oral contract, but an implied contract (a contract inferred from partial performance). The emails are...
Archived
Will I be prosecuted for writing a bad Yelp review where the an unaccredited private school sued me based on slander/defamation?
Daniel's answer
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Answered on April 28, 2016
First, truth may be an absolute defense to defamation. Second, these seem like protected opinion - which is another defense to defamation.
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