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180 legal questions have been posted about contracts by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include breach of contract. All topics and other states can be accessed in the dropdowns below.
California Contracts Questions & Legal Answers - Page 2
Do you have any California Contracts questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 180 previously answered California Contracts questions.
Contracts
California

Recent Legal Answers

Is modifying a contract without my consent legal

Answered 8 years and 5 months ago by attorney Bruce Robins   |   1 Answer
No, it is not legal for a party to alter a signed contract and try to make it appear as if the other party had agreed to it.  I am not familiar with California procedure, but basically you need to, as soon as possible, start a proceeding against the forging party and your landlord, and obtain a preliminary injunction to prevent your eviction.  You should probably consult a California attorney.  If you can't afford one, speak to your local legal aid office or bar association.... Read More
No, it is not legal for a party to alter a signed contract and try to make it appear as if the other party had agreed to it.  I am not familiar... Read More

can a plaintiff change a settlement agreement after the defendants signed

Answered 8 years and 6 months ago by attorney Bruce Robins   |   1 Answer
A party can change his position anytime before a contract becomes final.  Assuming that you had no binding conttact until and unless the other side signed (which is not always the case if you had an oral agreement and the written one was just to memorialize it), then you still have no deal, and won't until either you agree to the other side's terms or they accede to yours.,... Read More
A party can change his position anytime before a contract becomes final.  Assuming that you had no binding conttact until and unless the other... Read More

Signing NDA agreements with some form of alias

Answered 8 years and 6 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer
There must be something else behind your question. You can use an alias, and it makes you appear to be dishonest person. 
There must be something else behind your question. You can use an alias, and it makes you appear to be dishonest person. 

Mde $237,000 hard money loan with signed Notes to owner of LLC. Her real estate venture lost. Refuses to pay loans. What kind of atty do I need?

Answered 8 years and 6 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer
You need a business litigator. Litigator means a lawyer who goes to court. If the promissory notes were signed in or were to be paid in California, you can sue in Calfiornia. 
You need a business litigator. Litigator means a lawyer who goes to court. If the promissory notes were signed in or were to be paid in California,... Read More

In contingency contract, who is responsible for defense costs if case is dismissed without prejudice?

Answered 8 years and 7 months ago by attorney Bruce Robins   |   1 Answer
No.  Unless California law is different, attorneys are not allowed to pay their clients' court costs, as this is viewed as promoting litigation.  The contingency only applies to legal fees, not expenses such as deposition costs, expert fees, etc.
No.  Unless California law is different, attorneys are not allowed to pay their clients' court costs, as this is viewed as promoting... Read More

Changing late payment penalty fees on a signed agreement

Answered 9 years ago by attorney Bruce Robins   |   1 Answer
You can't unilaterally change the terms of existing contracts, but you can change your standard terms on new contracts going forward.
You can't unilaterally change the terms of existing contracts, but you can change your standard terms on new contracts going forward.

how can i get a durable power of attorney for health care?

Answered 9 years ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
To name an agent for health care decisions, it's called an Advance Health Care Directive.  You'll also want to get a HIPAA waiver so that the doctors and hospitals will disclose your personal health information.  Call or email an estate planning attorney for a full consultation.... Read More
To name an agent for health care decisions, it's called an Advance Health Care Directive.  You'll also want to get a HIPAA waiver so that... Read More

i am a psychotherapist in private practice and wish to create a group practice.What type of attorney should i seek to create an agreement

Answered 9 years ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
A psychotherapist would form a professional corporation under the Moscone-Knox Professional Corporation Act. See California Business & Professions Code § 2995.  Even if several psychoterapists form a limited liability partnership, it may be advisable for each psychotherapist to operating under a professional corporation.  Consult with a business attorney for a full consultation.... Read More
A psychotherapist would form a professional corporation under the Moscone-Knox Professional Corporation Act. See California Business &... Read More

what type of lawyer do I need to have review an licensing agreement?

Answered 9 years and 2 months ago by attorney Jonathan Howell   |   1 Answer
Depending on the type of licensing agreement it is likely something that can be reviewed by a general business attorney. What type of license agreement is it?
Depending on the type of licensing agreement it is likely something that can be reviewed by a general business attorney. What type of license... Read More

My cousin came up with a product (its a topical cream) need a contract for the percentage split not sure where to start, plus how to protect product?

Answered 9 years and 3 months ago by attorney Jonathan Howell   |   1 Answer
There are a number of ways to do this, but you almost certainly want to start by setting up a corporation or limited liability company. The agreement governing each person's percentage of ownership, etc., would be set forth in a shareholder's agreement or operating agreement, depending on which entity you choose.  A corporation or LLC will also protect both of you from potential product liability issues.  Happy to discuss if you would like. Thanks,Jon... Read More
There are a number of ways to do this, but you almost certainly want to start by setting up a corporation or limited liability company. The agreement... Read More

Contract breach for out of state vendor

Answered 9 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You can file a lawsuit in California to sue a company headquartered in another state, so long as there is general or specific personal jurisdiction over that company.  Most likely, a California court will find personal jurisdiction over a global company.  You can sue them and then serve the corporation's agent for service of process.... Read More
You can file a lawsuit in California to sue a company headquartered in another state, so long as there is general or specific personal jurisdiction... Read More

What statute or case law says that there cannot be a lawsuit without a written/oral agreement?

Answered 9 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Look up the doctrine of privity of contract.  There is a related doctrine of privity of estate.
Look up the doctrine of privity of contract.  There is a related doctrine of privity of estate.

Are e-mails legally binding?

Answered 9 years and 7 months ago by attorney Jonathan Howell   |   1 Answer
Yes, you can definitely use the emails to evidence the agreement that you had with the magazine.
Yes, you can definitely use the emails to evidence the agreement that you had with the magazine.

Who are the attorneys working with RE offices who are familiar with purchasing agreements/contracts with probate property/

Answered 9 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Attorneys are prohibited from contacting you or directly soliciting their services.  You'll have to initiate contact with an attorney that practices in probate and real estate, as I do.
Attorneys are prohibited from contacting you or directly soliciting their services.  You'll have to initiate contact with an attorney that... Read More

Breach of contract and defendant does not provide address and thus cannot be served

Answered 9 years and 9 months ago by attorney Bruce Robins   |   1 Answer
Where the defendant can't be located despite reasonable efforts, a court will generally allow service by other means, typically by publication (e.g. by taking out an ad or ads in a local newspaper.)  You would have to make a motion, demonstrating to the court that you had made reasonable efforts to serve but were unsuccessful, and seek to be allowed to serve by other means.  I'm not sure, however, that it would be worth it to you to go through that effort and expense on a small claims matter, particularly since it appears that the defendant may not have the money to pay you even if you should be awarded a judgment.... Read More
Where the defendant can't be located despite reasonable efforts, a court will generally allow service by other means, typically by publication (e.g.... Read More

needs an attorney in barstow to write a loan agreement

Answered 9 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Under ethical rules, you would have to contact an attorney.  Email or call an attorney for a full consultation.
Under ethical rules, you would have to contact an attorney.  Email or call an attorney for a full consultation.

Can a wedding venue refuse to refund my depoist if no services have been rendered yet?

Answered 9 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
It would depend on the agreement between the parties.  Bring your contract to an attorney for review.
It would depend on the agreement between the parties.  Bring your contract to an attorney for review.

Can vendors hold onlto deposits for a cancelled wedding?

Answered 9 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
It will depend on the contracts and the facts and circumstances.  To get your deposit back, send a demand letter and then sue in small claims court.
It will depend on the contracts and the facts and circumstances.  To get your deposit back, send a demand letter and then sue in small claims... Read More

Renter fails to return rented audio equipment...

Answered 9 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You can send a demand letter and then sue in small claims court.  Here is some information regarding small claims court: http://www.courts.ca.gov/selfhelp-smallclaims.htm 
You can send a demand letter and then sue in small claims court.  Here is some information regarding small claims... Read More

Does a new durable power of attorney cancell a previous one that was drawn up years ago.

Answered 9 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
A new durable power of attorney does not automatically cancell a previous one.  Your mother should give written cancellation to your brother and to anyone who has received the POA.
A new durable power of attorney does not automatically cancell a previous one.  Your mother should give written cancellation to your brother and... Read More

Does a financial bank have the right to charge me a remaining balance of a vechicle if the car has already been repossessed?

Answered 9 years and 11 months ago by attorney Bruce Robins   |   1 Answer
What does your contract say?  It probably provides that you are liable for any deficiency if the amount for which the car is sold doesn't cover the debt.  That would be standard.
What does your contract say?  It probably provides that you are liable for any deficiency if the amount for which the car is sold doesn't cover... Read More

Can 1 person be the sole representing party on both side of a contract negotiation?

Answered 9 years and 11 months ago by attorney Bruce Robins   |   1 Answer
Can they?  Yes, but it leaves them open to claims of breach of fiduciary duty, and leaves the contract vulnerable to challenge.  Generally, it's not a good idea.
Can they?  Yes, but it leaves them open to claims of breach of fiduciary duty, and leaves the contract vulnerable to challenge.  Generally,... Read More

What legal action can I take for a paid-for promise of services that were never delivered?

Answered 10 years ago by attorney Bruce Robins   |   1 Answer
If you can locate him, you can sue him for breach of contract.  Sounds like you would have a difficult time collecting on any judgment though.
If you can locate him, you can sue him for breach of contract.  Sounds like you would have a difficult time collecting on any judgment though.

contract/document review

Answered 10 years and 2 months ago by Mitchell Luke Abdallah (Unclaimed Profile)   |   1 Answer
In order to quote you on the contract review, i will need to understand what type transaction you are involved in.  The revoew can be accomplished remotely with a follow up meeting.  Please call to discuss the details so that I may give you a quote. Sincerely, Mitch Abdallah, Esq. (916) 446-1974... Read More
In order to quote you on the contract review, i will need to understand what type transaction you are involved in.  The revoew can be... Read More

I signed a promissory note for 10K and I already paid 5K. As part of the contract, I receive some algorithms to do automated trading online. The algor

Answered 10 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer
Your question was cut off. Please repost. 
Your question was cut off. Please repost. 
Contracts
California

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