California Contracts Legal Questions

You can definitely fight this given the history established throughout your arrangement with them. However, it doesn't sound like there's anything in place to prevent future price increases, so they can certainly increase the price going forward. I urge you to hire an attorney to handle this and help you get contracts in place with all of your vendors and customers.... Read More

During the period from 12/1-12/21, yes, you were working unprotected by an agreement. However, if the contract's effective date is listed as 12/1, then even if it wasn't sent or signed until 12/21, it would still protect you for all work as of 12/1 once it has been signed. I would highly advise having an attorney review the document before you sign it.... Read More

Would you think it unfair if you didn't want to assume a mortgage loan that the previous home owner had entered into, but the prior owner was insisting that you do so, leaving you no other option but not to buy the property?  It's the same thing.  The solar system provider entered into a contract with the current owner of the house.  The current owner has no right to ignore that commitment just because he/she wants to sell.  While you are not obligated on that contract, the current owner presumably won't sell to you unless you undertake to pay off the contract.  Presumably, your purchase price is reduced because part of the deal is that you must assume the solar system obligation.  Theoretically, the current owner could sell (for a higher price) and remain solely responsible for the solar system contract, but you would never do that because I would bet that part of the solar system contract grants the solar system company a lien on the house to secure payment of the contract, in whcih case it could foreclose on your house if the current owner failed to pay.  Perhaps the solar system company will accept a reduced lump sum payment at closing to release its contractual claims, and you and the previous owner can split that payment.  If not, however, and you don't want the obligation, you will have to back out of the contract.... Read More

Your former employer cannot "make" you sign this, but if you don't, you can't "make" him give you the bird.  Your employer is asking for a release, which is common, although there are some statutes in California that impose certain requirements which must be met for a release to be valid in an employment context, and it doesn't sound as if those requirements have been met here.  I would think that your main concern would be whether you believe that you have a valid claim against your former employer (I am assuming that you are only being asked to release existing claims, and not claims which may arise in the future; such releases can be valid, but are much trickier and less likely to be enforced).  If you don't believe you have a valid claim, it would seem to be a minor risk - that you may be giving up an existing claim of which you are unaware - to sign the release.... Read More

Parents are not responsible for the obligations of their competent adult children, and if that was all there was to the story your parents could ignore Dan, get the suit dismissed if he actually filed a lawsuit, and go to the police if he continued to harass them.  However if when you write that your mom "settled out of court", you mean that she entered into a settlement agreemet with Dan, that's a contract and she would be obligated under it unless she can prove that she  was somehow coerced or under duress when she agreed.  Sending letters wouldn't constitute coercion or duress.... Read More

No, if the judge or jury believes you that it was an unconditional gift, you don't have to return it.  If, however, your relative testifies that it was a loan, or payment for something you were supposed to do (i.e. payment for doing his/her landscaping for the next year) or some sort of conditional gift (i.e. $2,000 if you enrol in college and get your degree), you could lose.  ... Read More

Your problems may be caused by a greedy dealership, or they could be caused by your daughter forging your name, or some combination of the two. Either way, if you die the dealership you can bet it will try to shift the blame of the forgery (assuming you can prove the forgery) on to your daughter   Only you can decide whether the suit is worth the problems in your family relationship      ... Read More

The other side made an offer that was open until February 2, which you could have accepted by delivering the signed contract to them on or before 2/2.  On February 9, the offer was no longer open.  By signing on 2/9, in effect you made an offer to the other party, which they could then accept or reject.  If they did nothing to indicate their acceptance, there is no contract.  If they accepted the signed contract however, even though it was signed late, a new contract was formed.... Read More

I am not from Sacramento. No lawyer can say: try me. It wold violate not only State Bar rules prohibiting client solicitation, but allso this sites Terms and Conditions. www.avvo.com has a "Find a Lawyer" function that works pretty well and allows you to view client reviews. I far prefer it to a site like Yelp. ... Read More

A contract takes effect at the time of agreement, but often people reach general agreement on terms but still don't intend to be bound until they have a formal written agreement,i.e. when it is signed, which I would guess (without knowing all the facts) is probably the case here.  Even if you began to take care of your grandfather before you had a contract, however, you may be entitled to recover from his estate the fair market value of your services - if you were a non-relative providing those services you would have a better claim since it would be obvious that you were expecting to be compensated, but as fairly close relatives it is not nearly as clearcut.... Read More

In lawsuits, first class mail is the standard, not certified mail. You delay at your own risk. Your surgeon has a lawyer, and even though you "probably" have a good case, you will be "eaten alive" since you know nothing about SLAPP motions, lawsuits in general, the evidence code ... There really is a reason that law school takes 3 years nad not 3 months or 3 weeks. It is not a matter of logic or intelligence. It is a lot of rules. ... Read More