California Breach Of Contract Legal Questions

A contract procured under duress is voidable (voidable means that the party under duress has the option of cancelling the contract, as long as he/she doesn't wait too long to do so.)  While just writing "under duress" doesn't mean that a court will find that duress actually existed, if I were the other party to the contract I would not accept such a signature, because I would always be concerned that the other party was going to try to void the contract.... Read More

California Civil Code Section 1675 generally allows a residential seller to retain the buyer's deposit made on the transaction pursuant to a written contract providing for the same not exceeding 3% of the contract purchase price as liquidated damages in the event of the buyer's unexcused failure to perform the contract.  This statute is pretty easy to read, so I suggest that you look it up and see if your contract and circumstances fall within its parameters.  DISCLAIMER: Please note that this answer does not create an attorney-client relationship, does not constitute legal advice and should not be relied upon, since each jurisdiction has different laws, each situation is fact specific, and it is impossible to evaluate a legal issue without a comprehensive consultation and review of all the facts and documents at issue.  ... Read More

There is a statute of limitations on any debt (or any claim), and it is likely to be less than 10 years (in NY it is  years, in other jurisdictions in which I've practiced it is 4 years; I don't know what it is in California) but you may have revived the period if you, by trying to make payment arrrangements, admitted the debt.... Read More

Hello It disturbes me deeply to hear of situations such as this.  I want to help you. In California there are many laws that prohibit people from taking advantage of the elderly.  These types of cases are very fact sensitive and I would require more information to provide you with a more detailed answer.  Generally, when two people are dealing at arms length, they are responsible for there own decisions.  However, based on the limited facts that you have provided, it appears that this was not an arms length dealing.  I practise elderly law as well as, estate planning and business law.  I can help you with this.  I need to ask you some further questions so I can determine exactly the person's rights. Contact me directly at your earliest convenience. Codi M. Dada, Attorney at Law 415-827-1425 / dadalaw@comcast.net  ... Read More

Law Office of Codi M. Dada dadalaw@comcast.net 415-827-1425 When you had replaced the pavers with the concrete, did the HOA see what you were doing, while you were doing it?  When the HOA ask to remve the pavers did they give you any suggestions or guidlines on what should replace the pavers?  What are other people in the HOA using instead of pavers?  These are important questions that will allow my company to assist you.  It sounds like you possibly may have a claim that.  When the new home was built did the pland get approved by the HOA?  I need to know this information before I can provide you with accurate answers to your questions.  Best Regards, Codi M. Dada, Attorney at Law... Read More

This sounds unreasonable.  Surely you are entitled to your stuff back.  You have a possible claim for either tresspass on chattel or conversion among other claims.  The damages for such include the fair rental value of your stuff or the fair market value of the stuff depending on the exact facts.  You must document your correspondence with the company in writing.  Oral conversations hold little value in court.  Either have an attorney send an e-mail or send a letter as soon as possible.  The lawyer should give the company a firm dead line in which your stuff must be returned.  If the stuff is not returned you could repurchase the stuff and send the company the bill.  However, before you do this contact an attorney to make sure the company is within your jurisdication, is able to be served properly and has the resources to pay your claim in event you prevail in your law suit.  If the company is operating in California and is a formed as a Corp, or LLC or LP you can go on the secratory of state web site and find the contact information for the agent of process.  Then you can contact the agent of process with your legal demand and or law suit papers.  If the claim is less then 7500 you could file a smal claims case.  Small claims is much eseir and less expensive then traditional civil court.   I'm sorry this has happened to you, it sounds llike an awful experience.   If you need additional assistance, I invite you to contact me. Best Regards, Codi M. Dada, Attorney at Law  ... Read More

When it comes to HOA's the CC&R are very important.  This document will explain the duties of the homeowner association.  Often times property under HOA managment will treat "common area" and "private area" differently.  Giving certain obligations by the HOA as to common area, and certain obligations to home owners for areas deemed other than common area. You should obtain a company of the common plan or CC&R, which are usually recorded in your counties recorders office or may have been provided to you.  Then read these very carefully on your own or with an attorney to determine what duties are owed by the HOA.  This should help you determine if the HOA is required to care for the lawn.  If you would like assistance interpreting this document I invite you to contact me at 415-827-1425... Read More

Under the concepts of quasi contract and promissory esstoppel, it might be posssibe to establish that an oral contract was in affect.  Although these concepts are not available under statutes of Frauds when it involves the transfer of real property, often times if there is enough evidence to show that but for an oral agreement you would not have performed as you claim the courts will acknowlege an enforcable oral agreement for services rendered.  This however, is very fact specific and depends on many variables.  If you would like to discuss your situation in more detail I invite you to contact me at 415-827-1425... Read More

The contract is probably valid.  Although your brother did not have actual authority to sign a year long lease, the landlord had no way of knowing this.  By authorizing your brother to sign a lease for you, you probably gave him what is known as "apparent authority" to agree to a one year term.  The landord was entitled to rely on this "apparent authority".  You could assert a claim against  your brother for exceeding his authority, but you probably don't want to do that.... Read More

I can't predict whether you will be sued, but your chances of winning any suit (leaving aside the issue of your employer's prior breach for now) may depend on the jurisdiction whose law applies.  If California law applies you will almost certainly win a lawsuit based on a claimed breach of the "no poaching" clause.  California prohibits these types of employment agreements (called "restrictive covenants") except under rare circumstances, such as to protect the employer's trade secrets.  Unless the names of your clients are your employer's trade secrets (which would depend on factors such as whether they were your employer's customers before you were hired and, if so, the time and expense your employer incurred in obtaining these customers, how difficult it is to learn the relevant information about them, what steps your employer takes to keep this information secret from competitors, etc.), it cannot, under California law, prevent you from "poaching" them.  Look up California Business and Professions Code Section 16600, 16601, and 16602.  The laws of other states are more receptive to restrictive covenants, but you would still have a good chance to prevail in the suit.  Most states enforce restrictive covenants to the extent that they are reasonably necessary to protect the employer's legitimate business interests.  For various reasons (including the number of pilates studios already competing, the unlikelihood that the names or other information about potential pilates students is very difficult to obtain or could be considered a trade secret, the lack of special skills necessary to be a pilates instructor; I couldn't do it, but the skills aren't as difficult to find as say a surgeon or an opera singer), I think it unlikely that your employer would be able to enforce the no poaching covenant against you.  Some other factors which could affect this analyis are how long the covenant is supposed to last, whether it prohibits you from accepting your former students if they contact you or only prohibits you from soliciting them, and whether you received any other consideration, beyond just getting the job, for signing the covenant.  Even if the covenant is deemed enforceable, you should not be bound by it if your employer had, before you began "poaching", breached a material provision of your employment contract.  In other words, if your employer didn't pay you for two weeks, that would probably be material; if your employer gave you a slightly smaller locker than it had promised, that probably wouldn't be. One last thing.  While you work for your employer, you owe  your employer loyalty.  You can't start "poaching" clients while you still work for your employer.  You may be able to inform them that you are leaving to work for another studio, but it's a bit of a gray area, so to be safe, you would be better off if you didn't start soliciting your current clients until after you leave your current job.... Read More

Under California law and the Uniform Commercial Code, the seller of the goods is liable for your cost of "cover," which is the difference between the original contract price and the cost incurred to obtain the goods from another supplier.  If you did not procure the goods from another supplier but instead paid a penalty to the end buyer for breach of your contract of sale, you should be entitled to recover the penalty from the original seller.  Whether or not the original seller has any assets to collect from is a whole other issue.  You should seek counsel in the jurisdiction where your complaint would be filed.  DISCLAIMER: Please note that this answer does not create an attorney-client relationship, does not constitute legal advice and should not be relied upon, since each jurisdiction has different laws, each situation is fact specific, and it is impossible to evaluate a legal issue without a comprehensive consultation and review of all the facts and documents at issue. ... Read More

With few exceptions, one of the requirements for a valid contract is consideration.  In other words, you must either give something to the other contracting party, or give something up, or there will be no contract.  A promise without consideration is not binding.  Thus, if the teacher had promised to take you to Disneyland in exchange for $1000, you might have a binding contract.  Here, it does not seem as if you do. ... Read More

In most US jurisdictions, settlement negotiations are not admissible in court to show liability.  There are exceptions, however, and individual differences between the states.  You should be careful what you write.  I cannot give you a detailed map of what to write and not to write, particularly in California (whose law I find to be very idiosyncratic), but, if you decide to send the letter, you definitely should write on the top something to the effect of "This communication is in connection with an attempt to settle our dispute, is intended solely for that purpose, and may not be used in any litigation between us or for any purpose other than in the context of settlement negotiations."... Read More

There are many situations in which rights of first refusal are utilized, especially in real estate matters, but I must confess I've never heard of it in this situation.  Assuming all other contractual prerequisites are met (and from what you've written I have no reason to doubt that they have been) I see no reason why the right of first refusal clause would not be enforceable.  However, if it is a true right of first refusal, it only gives SenecaOne the right to match any offer you may receive.  Thus, SenecaOne would have to match the terms of any other funding offer you got, so, unless you have some other reason to favor some other funding organization, I don't think you've lost anything.... Read More

Even though I haven't taken the LSAT for 30 years (there was no math on it when I took it) I can tell you that you're asking the wrong people.  The LSAT has nothing to do with admission to the bar - it has to do with admission to law school.  You should be asking the admissions department of a law school.  As far as math involvement in the practice of law, I think you will find that there is some math involved in every field of endeavor, including the law.  Even in the area of criminal law, there would probably be some math involved (in figuring out sentencing guidelines, for example), but probably  not much.  You don't have to know calculus to practice law, but it certainly helps to be comfortable with arithmetic and algebra.... Read More

Dear Mr. Hodge--The missing element is what Iraqi law says about overtime pay and whether the clause would be enforced if there is a conflict between the two.  Your employer obviously is stalling and hoping you will go away.  I wonder if the Status of Forces Agreement gives you access to British courts or if anything remains from the laws of the British Mandate for Mesopotamia.  Your employer is no small organization and can well afford to be sued.  You are far from American justice.  Good luck.                          .  ... Read More