California Contracts Legal Questions

I am not sure why your loan is referred to as a "non-recourse" loan. One would really have to analyze the loan document to give you a good answer. Factoring is usually a non-recourse commercial transaction. Your transaction seems to deal primarily with the due date of the loan. doland@dolandlaw.com... Read More

Your assumption is incorrect. One cannot give a deposition by affidavit. A deposition does provide for cross examination. Even if one is deposed and there is cross examination they can be compelled to testify at trial (by a notice to appear or supoena) so the tryer of fact (judge or jury) can evaluate the credibility of the witness.... Read More

The failure to initial each page does not make the lease invalid. Your memory raises a triable issue of fact about the eternity and contents of the documents. It would not just take any lawyer but a good lawyer to shepherd such a mater through to trial. You could try a business  approach and just negotiate with your landlord.... Read More

The first issue is "was it a gift or a contract". Unless you have a written or oral agreement about repayment, it was a gift and no recovery. Second, if it is an oral agreement, you statute of limitations begins to run from the date of breach of contract and is only two years (four years for a written contract). If it is an oral contract, was it ever confirmed in writing? Were there any witnesses to your agreement. If not, it becomes a "he said, she said", which is very difficult to win at trial.... Read More

A lawyer can help draw up a contract, but it is important that the client provide the business terms and review the contract carefully before it is sent to the other side or its counsel for review. This is not intended to be legal advice, and is generaL in nature. No attorney-client  relationship exists or is formed by information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

No lawyer is going to estimate your chances. Gettting thrown out of court on factual grounds doesn't happen, only on legal grounds. It appears you will head to trial. If you think you can master the rules of evidence and prepare exhibit lists and prepare your witness you should proceed. If, however, the LLC was sued, it can only appear by an attorney, not an officer, Member or Manager. I suspect your LLC was not properly formed and I further suspect the membership interests were not validly interests. Frankly, if you are in a lawsuit, the time to consult an attorney was yesterday.... Read More

Precious metal trading is not for amateurs. Very sad that he did not use insured mail (if he returned it at all) and that you sent a second bar before receiving the first. You can obtain the Florida small claims court forms, fill them out in CA, send to the sheriff or marshall's office in Florida for service on the defendant, but you will have to travel to Florida to testify and your travel costs will not be legal damages. Your biggest issue may be collecting on any judgment you obtain.... Read More

Without reviewing the written agreement and knowing additional facts analysis is difficult. A contract must, however, be based on an exchange of value, known as "consideration". If you got value by use of the car which was purchased in your father's name for credit purposes and what you signed is essentially a guaranty of payment, then it would be enforceable.... Read More

To answer your question, a review of your CC&Rs would be required, and perhaps even the minutes in which the Board modified the Common Area you describe to Exclusive Use. It does seem odd at first glance. Financial responsibility for common areas is normally shared among all owners, not the "one or both" you mention.... Read More

If not provided for in the Dissolution Judgment, his agreement may be in the nature of an intention to make a gift in the future and may be unenforceable. I know of no "standard" contracts on the subject, and any contract will have to get around the issue of "gift." Perhaps if stated as "justifiable reliance" and "promissory estoppel) (i.e. would not have enrolled and incurred tuittion but for promise). You will also need to be careful of statute of limitation issues. ... Read More

The bank does not take title to the car but instead has a "secutity interest" in the title to the car. The loan is independent of the security interest, which is for the protection of the lender, not you. You claim is against the seller. You may also wish to obtain some guidance for this dilemma from the California Department of Motor Vehicles in order to have a new title issed to you.... Read More

You need to contact a collections or creditor's rights attorney to determine your course of action. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

The attorney client relationship permits the client to rely, within limits, on the advice of an attorney as applied to specific facts. Ask a Lawyer does not create an attorney client relationship but rather is for askers to pose questions of a general nature, which also might be of potential interest to other askers. What is offered here is analysis, not advice. We have not reviewed the entire agreement, or email or oral conversations which may have modified the written agreement, which might modify the analysis. With those limitations, reading only the language you cite above, the management fee is not waived when the property is vacant. Empty property requires one type of management, leased property requires a different type of management, but nothing in the language above waives the management fee in the event of vacancy.... Read More