Archived
Can we take legal action if we hired an unlicensed contractor to perform work and failed to comply with his own contract?
Alan's answer
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Answered on May 19, 2014
An unlicensed contractor is not permitted to receive payment for goods and services in excess of $500. Assuming the job was more than that, it...
Archived
I was in an accident two years ago in my work truck. My work settled and repaired the car. Now the person is trying to sue me.
Alan's answer
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Answered on May 18, 2014
Yes. Because you were driving at the time of the accident, you are a proper party to the lawsuit. But because you were within the course and scope...
Archived
Change Ruling even if Motion for Reconsideration denied
Alan's answer
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Answered on May 18, 2014
Traditionally a judge had authority to reconsider a ruling sua sponte (without a motion by a party). But the Legislature has limited that authority...
If I missed the deadline to file the cross complaints, Can I file the new lawsuits against the plaintiff and his partner ?
Alan's answer
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Answered on May 18, 2014
No. If your cause of action "arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which...
Archived
Is it legal for an attorney to take 40% from a contingency case and still claim cost?
Alan's answer
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Answered on May 18, 2014
A California lawyer is prohibited from taking an "illegal or unconscionable" fee. Whether a particular fee is unconscionable depends on the...
Archived
When I was sued a few months ago, I filled answers. Few months later, I came to know that I should file cross complaints.
Alan's answer
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Answered on May 18, 2014
CCP 428.50(a) provides that a cross-complaint against a plaintiff must be filed at the same time as the answer. Since you failed to do that, you...
I had a general contractor who I fired file a mechanics lien on my home 181 days after I fired him. Isn't this invalid?
Alan's answer
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Answered on May 17, 2014
If you wanted to protect yourself from a mechanic's lien, you needed to record a Notice of Completion. That would have limited the contractor's...
Archived
After counsel for plaintiff examined Mr. Bluer on his credentials, and with no other questions, the judge decided to accept him
Alan's answer
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Answered on May 17, 2014
The judge did not abuse his discretion or make a prejudicial error (there's no such thing as a "fundamental" error) unless the Court of Appeal says...
Archived
I was served by a collection agency last month, in returned I filed an answer with the Superior Court. My legal question is,
Alan's answer
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Answered on May 17, 2014
You raise a number of issues.
1. A judgment is not necessary for a credit reporting agency to provide derogatory information about you.
2....
Archived
Is there a paralegal service or legal service that can help me with answering and filing court documents?
Alan's answer
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Answered on May 17, 2014
Helping you answer and file court documents comes awfully close to the definition of practicing law, and may well cross that line. You need to...
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