California Contracts Legal Questions

The best answer is about two hours plus the filing fees. A property Operating Agreement, Minutes of First meeting of Members and/or Managers, filing the Statement of Information, issuing shares, if done properly and if customized for the client's specific needs and objectives takes some time. Forming online is cheaper, but 95% of the business entities formed online are formed incorrectly and incompletely.  The amount of an attorney's hourly rate will differ by area and experience. ... Read More

The word "void" is so harsh and absolute, while the law is usually much more nuanced.  Because the contract was signed, it has the right names of the people on it; just in cursive writing rather than typed.  The typed names being wrong could be something to argue about, as it raises a degree of ambiguity, but the intent is pretty clear. Plus, the hand written part is more persuasive of the intent than the typed names. The law generally tries to carry out the intent of the parties, even if there is a mistake in the expression. ... Read More

Mr. Widen,      I am sorry to hear of the problems you experienced in acquiring this website. Without reviewing more facts, it is impossible to opine as to the validity of any causes of action you may have against the seller. Further, without reviewing the contract, it is difficult to even advise you as to your remedies. First, I would assume you have written to the seller and advised him in detail why you believe he has breached the purchase agreement, and demanded return of the funds paid? If you have not, you need to do so before taking any further action. Provide the seller with a deadline for return of your funds. If he fails to refund you, or fails to contact you to discuss settlement of the claim, then your next step is going to be litigation of the claim. Unfortunately, the claim is small enough that it probably doesn't justify filing a full-blown Superior Court action - this is probably a small claims case. The next question is where do you sue him. You need to review the contract for two items - the first of which is a choice-of-law provision. You need to know if the dispute, by contract, is going to be governed by Maine or California law. If it is Maine law, you'll find it very difficult to file a lawsuit in California and ask a Small Claims Court Commissioner or Judge to interpret Maine law. You may also be required by contract to file in Maine. Without reviewing the contract, it is impossible to definitively answer a lot of questions attendant with your matter, so I suggest that you may wish to buy an hour or two of a local attorney's time to discuss this and determine how best to proceed. I wish you very good luck in recovering the money you have lost on this venture. David L. GibbsThe Gibbs Law Firm, APCSan Clemente, Californiawww.gibbslaw.com *Due to the limitations of the Lawyer.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code." ... Read More

Mr. Gonzalez,      You need to check with the Clerk of the Court where the case was filed. Often times you can appear telephonically rather than appearing in person. If you cannot appear, and if that state's rules are like California where you cannot be represented by an attorney, then it will go to judgment, and you will need to resolve the debt with her. You can also attempt to resolve the debt with the plaintiff before the case goes to trial. If you do not appear, you will almost certainly lose and be in a position where you will have to pay the debt. David L. GibbsThe Gibbs Law Firm, APCSan Clemente, Californiawww.gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code." ... Read More