California Contracts Legal Questions

If there is no termination language in the contract, then you can write a demand letter stating the breach of contract for failure to provide adequate services under the contract and request a termination of the contract adn a refund the the payments made.  If they do not refund your money, then sue in small claims court.... Read More

     With the information provided the contract could be for any number of things but I'll assume for this discussion that it is for some sort of Home Improvement. Depending on the state statutes where the contract was entered into, and/or where the property which is the subject of the contract, the safest thing to do would be to EXPRESSLY STATE in the new contract that it is the parties' intention to terminate the old contract and be bound by the terms of the new contract. It should further state that each of the parties waives and releases the other from any relief either would have had under the old contract.       Without expressly stating this in the new contract there is a distinct risk that there remains obligations under the old. If you need further information please feel free to provide it. thank you.... Read More

I think you may be thinking of COPPA, but that involves sites targetted at under 13 minors which collects identifying information via "cookies" about the children. Your issue is more like copyright infringement, except the photographer, not the subject, normally owns the IP/copyright (depending on if your contract had a "work made for hire" paragraph.) There are also potential issues regarding right to privacy, right to publicity and other legal theories. Personally, I would ask nicely and try not to depend on legal remedies. ... Read More

If the lease was simply with you as an individual than the claim filed against your corporation is very likely an invalid one. That being said, you still will need to defend the complaint on behalf of your corporation, although it should not be all that difficult to get them dismissed from the complaint. Let me know if you would like assistance. Thanks,Jon... Read More

It is not a breach of contract,  but you could theoretically have been fraudulently induced to enter into the contract.  However, if you have a written contract stating one thing, the Court will not lalow you, except in very rare circumstances, to claim that you relied on an oral representation which contradicts it.... Read More

Each arbitration tribunal (FINRA, AAA, etc.) will have it's own rules of evidence and those rules will generally be less restrictive than the federal or state rules of evidence.  After you submit to arbitration, the result is binding (unless you expressly make it binding) and can be turned into a court judgment. Mediation is a non-binding proceeding which attempts to enable the parties to find a win-win, instead of litigation and arbitration which are essentially win-lose. If the mediator cannot find a solution with the parties, no award or judgment issues in favor of one and against the other party. ... Read More

We don't do homework assignments. Further, you won't learn anything if others do your homework. Tell your teacher that a "textile manufacturer of readymade garments" indicates the teacher knows nothing about the industry. Textile means fabric only. If you mean garments, then it is "apparel" not "textiles". Finally, any client having a 500M dollar transaction is lawyered-up to his/her eyebrows.... Read More

There are strict rules that apply to both prenuptials and postnuptials. Postnuptials are permitted but without the assistance of an experienced family law attorenys, your chances of missing one of those strict rules increases. All documents, including valid documents can be challenged in court, but valid documents will survive the challenge. ... Read More