Suing a California attorney for Breach of Written Contract and Breach of Fiduciary Duty but not Legal Malpractice
Frank's answer
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Answered on January 30, 2016
The statute of limitations for breach of written contract in California is four years. (Code of Civil Procedure § 337.) The statute of...
Is charging deferred interest legal? If so, is there a legal strategy or remedy to have this deferred interest charge waived?
Frank's answer
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Answered on January 30, 2016
There is a difference between waived interest and deferred interest. Your credit card company must tell you the date by which you must pay off...
Are all real estate sales transactions public record ?
Frank's answer
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Answered on January 30, 2016
A real estate transaction itself is not public record, but any document which is recorded (grant deed, quitclaim deed, interspousal deed, revocable...
Archived
Can my landlord require me to get renters insurance?
Frank's answer
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Answered on January 30, 2016
If you are now a month to month tenant, the landlord can change the terms of your tenancy which could include requiring you to procure renter's...
Archived
Does my grandmother have a conveyable ownership interest in her home despite not being named on the deed?
Frank's answer
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Answered on January 30, 2016
When title to real property is held by two people as joint tenants with right of survivorship, when one dies, the other joint tenant automatically...
Archived
I am requesting a full refund for July and August 2014, is this possible. I was charged a total of $4427.50.
Frank's answer
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Answered on January 30, 2016
It is possible to sue for breach of written contract, which has a four year statute of limitations in California and/or for fraudulent...
Archived
Is that legal?Small claim forms do ask if the case has already been arbitrated but cannot find an arbitrator.Will mediation do?
Frank's answer
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Answered on January 30, 2016
Mediation requires both sides to agree to mediate. You cannot force the attorney to mediate. In California, the client in an attorney-client fee...
Archived
Is it legal for an immigration attorney to refuse any alternative resolution other than small claim?
Frank's answer
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Answered on January 30, 2016
In California, the client in an attorney-client fee dispute has the right to arbitration, and can compel the attorney to participate in a...
Archived
Is CA Sup. Court order final when judge states ruling in court, text posted on dckt, order posted, ntc of entry of order posted?
Frank's answer
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Answered on January 30, 2016
First of all, you should know that not all orders are appealable. Assuming that the order in question is appealable, the time allowed to file a...
Archived
Instead of doing a 30 Day Pay or Quit, can I elect just to end the tenancy and take a loss?
Frank's answer
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Answered on January 30, 2016
There is no guarantee that the tenant will actually move out if you provided a 30 day notice pursuant to the terms of your lease or rental...
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