Archived
Last year, our company contact to a sale of company in SF, this sale person sent to us his company information and bank account.
Frank's answer
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Answered on November 02, 2010
This is both a criminal and civil case. For starters, I suggest that you report this to your local county District Attorney's office. If you are...
Archived
Do I have a right to sue a car owner and driver after I settled for property damage with the insurance?
Frank's answer
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Answered on November 02, 2010
Yes. Assuming you are correct that the insurance company only paid you for the property damage and that you did not sign a full release of all...
Can a tenant claim a house is uninhabitable, move out and demand return of rent because a rat died in termite tenting?
Frank's answer
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Answered on November 02, 2010
California Civil Code Section 1941.1 states that a dwelling unit is considered to be uninhabitable (unlivable) if it substantially lacks any of the...
Archived
The Judge order my husband to do the Judgement. I was told to do a Trial Brief. Why do I have to do a Trial Brief?
Frank's answer
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Answered on November 02, 2010
Trial briefs are helpful for the judge to understand the factual background and the issues in dispute so that the precious time allotted for trial...
Is there such thing as a "lifetime" contract? What is the statue after 4 years in California?
Frank's answer
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Answered on November 02, 2010
Yes. The statute of limitations is 4 years from the breach (for breach of written contract), and 2 years from breach for breach of oral contract.
Archived
Is there any requirement to use the actual (C) symbol when referring to copyright on something?
Frank's answer
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Answered on November 02, 2010
Under the U.S. Copyright Law, there is no requirement to use the (c) symbol or to say Copyright 2010 XYZ All Rights Reserved. The only additional...
Archived
I am in the process of doing a short sale on my home. The sale has been pending since August of this year. As of 10/29/10, the
Frank's answer
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Answered on November 02, 2010
Yes, these requests are reasonable. However, you don't necessarily have to agree to these terms and conditions.
If a defendant has been served with a complaint but has not appeared in the action, can discovery be served by mail or overnight
Frank's answer
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Answered on November 02, 2010
Yes. However, for written discovery, the California Code of Civil Procedure requires that the plaintiff wait 10 days after service of the summons...
Archived
Do I have 3 business days to back out after signing a rental lease and giving a security deposit?
Frank's answer
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Answered on November 02, 2010
No, California law does not provide for such 3-day cancellation remedy for residential leases. (For a list of contract which can be canceled with...
Can i sue co-owners off deed for not paying mortgage , property tax, property insurance and utilities? Deed is not TIC or joint
Frank's answer
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Answered on November 02, 2010
The remedy under California law is to file a lawsuit for "partition and sale" of the property.
Upon granting judgment partitioning by sale of...
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