California Contracts Legal Questions

Basically, there are two types of jurisdiction which a court needs to preside over a case, personal and subject matter.  Subject matter means that the court is empowered to hear the matter in dispute.  For example, a small claims court does not have subject matter jurisdiction over the probate of a will.  Personal jurisdiction means that the Court has jurisdiction over the parties themselves, because of their connection to the forum.  For example, if a New York individual or corporation (makes no difference) who/which has no contacts with Colorado (own no property there, never visit there, don't advertise or sell there, etc.) breaches a contract to perform gardening services in New York, the other party can't sue in Colorado because Colorado courts do not have personal jurisdiction over people (or entities) who have no contact with Colorado where the dispute also has no connection to Colorado.  The answer would be different if the dispute was over goods which you shipped to the other party in Colorado. By signing the above provision, you are agreeing to be sued in L.A. for any dispute relating to the contract.  I don't know whether you would lose any personal assets, but the answer has nothing to do with the above provision.  If you lose a suit which is against you personally, rather than, for example, against your corporation, and you don't pay the judgment, the winner will use your personal assets to collect.... Read More

Whether the text messages confirm an oral agreement or whether the text messaging creates a written contract is normally only an issue regarding the statute of limitations (which is 2 years for oral contracts and 4 years for written contracts.) If authenticated, text messages can be used as evidence. ... Read More

Normally, an agent for a disclosed principal can bind the principal by the agent's signature. In a corporate employee scenario, if the employee has apparent authority to sign (e.g. because they are a corporate officer or director) the corporation may found itself bound. What the entity wants to avoid is that it is bound becuase some employee decided to sign a contract without apparent authority and against the wishes or judgment of those with the actual authority to make that decision. You were told not to do it and you did it. If you got oral consent instead of written consent, then the line is more blurred. As an employee in an "at will" employment state, you can be fired for no reason or for a reason (but not because you belong to a protected class, e.g. race, religion, etc.) Unless you have contractual protections (or belong to a union) you will have an uphill battle regarding your termination. ... Read More

Both credit card disputes and PayPal disputes can be very unfair to the seller. As a lawyer, that's why my firm does not accept either (because it's even worse for services than for products!) A good lawyer can review your terms and conditions and improve them but any lawyer that tells you that all future disputes can be eliminated is not being realistic. Minimized, yes; eliminated no. Attorney fee provsions to the prevailing party can go a long way in this regard, but beyond that the details of your industry and your business need to be considered. ... Read More

In an "at will" employment state like California, where you can be fired for no reason or any reason not related to belonging to a protected class (e.g. race, religion, etc.) there is not way to save your job besides getting a written contract which is unlikely to happen with a merger on the horizon.... Read More

Non-disclosure agreements normally have more psychological than legal value. Further, they must be supported by "consideration" (the exchange of something of value.) If you are getting nothing, the agreement may be unenforceable. However, if this is an employment related situation, remember that in an "at-will" employment state like California normally you can be fired for no reason that is not discriminatory against a protected class. A review of the document would give you the best analysis. ... Read More

You will get no payment for the harassment. When I get repeat calls I tell them I am very interested and to please hold on. Then I put the phone on the ledge and go do something else. If they are still there, tell them you are very, very very interested and to please hold. Eventually they will stop calling. If they don't make sales, no sense in calling. ... Read More

Assuming the law in California is the same as in the jurisdictions in which I practice, yes, but be careful.  Contracts with minors are voidable at the minor's option, meaning that the buyer can back out, but you can't.  Maybe you can sell to a parent, who could then give the car to the minor as a gift.... Read More

If the attorney was aware of the loan there may be possibly be liability, but there wouldn't be otherwise. There are strict rules governing loans made from attorney's to their clients, but I don't believe that they would cover paralegals. Have you initiated a suit against the paralegal to collect on the note?... Read More

Without knowing more about it, I don't know whether the perfect parents contract is a binding legal agreement or not.  It sounds like one of those "contracts" where a student agrees to call their parents for a ride if they drink, and the parents agree not to hassle the kid about it. If it is a real contract, however, your husband, unless you're estranged, would generally be considered to have the apparent authority to bind you to it, unless the dance center had reason to know that you objected.  If, as you indicate, the dance center sought your individual signature on the contract and you did not sign, it knows that you do not agree, and you should not be bound.  However, even without any kind of contract, when one parent says one thing regarding their child, and the other says something else, I don't think the dance center is bound to follow one over the other (unless a court has given on parent custody or control over these decisions.)  Incidentally, the first amendment only protects you from government interference with your freedom of speech.  With one exception (prohibiting slavery) the U.S. Constitution does not deal with the actions of private citizens.  Moreover, the Constitution would not prevent a contract by which you gave up or limited any rights you might have.   For example, many people sign non-disclosure agreements prohibiting them from disclosing informaiton about their employers.    ... Read More