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What if the home inspector causes damage to the home. Who is responsible. Their contract has the below listed clause.
James's answer
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Answered on April 22, 2013
You should have the contract reviewed by an attorney. You can make a very good argument that the limitation of liability applies only to negligent...
Archived
My landlord is trying to evict me for not paying my security deposit.
James's answer
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Answered on April 20, 2013
The first thing you should do is close your eyes and breathe deeply for about ten seconds.
Now, make a copy of the money order, along with its...
Archived
What facts must be present to constitute a valid "cause of action" in a civil suit to prevent ambiguous, uncertain claim?
James's answer
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Answered on April 20, 2013
The technical answer is the "ultimate facts," a term that generally has provided as little guidance to courts and attorneys as it does to you. You...
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I bought my home in 1992 and was not told about a HOA. Several years later I was contacted by Creekside Senior Home Association
James's answer
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Answered on April 20, 2013
Any interest by a homeowners association would have to be recorded. Generally, you have to get a copy of the conditions, covenants and restrictions...
Archived
Civil Discovery for Admissions of Criminal Acts: I'm Responding to RFAs Pro Per, and Need to Object Based on 5th Amendment.
James's answer
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Answered on April 20, 2013
1. Yes, you may assert the fifth amendment in civil discovery.
2. You are sort of right. You can assert the fifth amendment in response to just...
How many days before the hearing date does the defendant have to oppose a motion to compel further responses? How many days
James's answer
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Answered on April 20, 2013
The opposing party must file an opposition at least nine court days before the hearing date. The moving party may file a reply at least five days...
Archived
Query Regarding Non Competent clause in Offer Letter
James's answer
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Answered on April 20, 2013
Noncompetition agreements are, with some narrow exceptions, unenforceable in California. If your contract says that the law of another state will...
Archived
Statue of limitation ..Arbitration Lawsuit.
James's answer
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Answered on April 20, 2013
If you are simply not happy with the arbitration, you can't do anything. Unless the arbitrator exceeded his power or there was some procedural...
Archived
Landlord entered my residence without permission for non-urgent issues while I was traveling. What to do?
James's answer
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Answered on April 20, 2013
Your landlord has no right to enter your premises to inspect, with or without notice. She may enter to make necessary or agreed repairs, to show...
Is attorney fees rewarded if I won case on fraud despite the contracts do not have provision on attorney fees?
James's answer
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Answered on April 20, 2013
To answer your question, you may have a right to attorney's fees by showing fraud. Penal Code section 496, prohibiting the receipt of stolen...
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