Stolen Property Liability

Question: I bought a truck that turned out to be stolen. Do I have to return it? Answer:  Typically, conversion is a strict liability tort. Meaning if you possess stolen goods, then you are just as liable in civil court for conversion as though you were the person who stole the goods in the first […]

Contractor Work

Question: I’ve been working for months to make a deal with a contractor. I think we have agreed to terms. He said he would send over an agreement to sign, but he has not done so yet. I want to get started on the project. Is it OK if we start the work? Do we […]

Who pays my attorney fees?

Question: If I file a lawsuit and I win the other side will pay my attorneys’ fees, right? How do I get my fees back? Answer: In the US, we follow what is known as the “American Rule.” Almost across the board, the presumption is that each party to a lawsuit will pay its own […]

Storm Damage Liability

Question: After a big storm, my neighbor’s tree fell on my house. Who has to pay for it? Can I sue them in small claims court? Answer: Typically, a homeowner is responsible to file a claim with their own homeowner’s insurance policy when their property has been damaged. Even if it was your neighbor’s tree, […]

Storage Unit Contracts

Question: I forgot to pay my storage unit fee last month. Can the storage unit sell my stuff? Can they keep all of it (worth thousands) even though I only owe $32 at this point? Answer: Business and Professions Code Section 21700 et seq. sets forth the regulations for self-service storage facilities. The owner of a […]

Natural Disaster

Question: Weather destroyed the house I am renting, and it is not livable. Does my landlord need to fix the house? Do they have to pay my hotel bills while the repair is happening? Answer: The answer to this question will be governed by state law, County-specific law, and your lease. In general, in California, […]

Late Payment Fees

Question: My contract says that I will be charged $15 per day for each day my payment is late. Is that allowed? Can I refuse to pay that late fee? Answer: The law permits a contracting party to assess liquidated damages in the event actual damages would be impracticable or extremely difficult to assess. Meaning, […]

Contractor Claims to Need More Time

Question: We had a contractor who was supposed to start a project in late 2019. The project is still not finished and well past deadline. The contractors is claiming they need extra time and to increase the contract price because of Covid delays. Can they do this? Do I have to pay them more to […]

Is it legal to cancel the lien?

Question: We are a contractor who is owed money. We placed a mechanic’s lien on the property but did not enforce it in time. Is it legal to cancel the lien? Can we pursue the debt in small claims court? Answer: Not only is it legal to cancel the lien, but you are required to […]

Contract Dispute

Question: I am a sub contractor I did a job for a homeowner he paid the full amount after I sent a notice. He is now asking me to come back and do additional work at my expense. And threating to leave a bad review on yelp,google etc. He paid in full and right after […]