mercredi 25 avril 2018

Contract Law: Non Compete Clause for Subcontractor of a Subcontractor

My question involves business law in the state of: California

I appreciate any thoughts or insights on this. Thank you ahead of time!

My question is includes four entities. I will break it down as: End User ("User"), Prime Contract holder ("Prime"), Subcontractor ("Sub"), and Subcontractor to the Subcontractor ("S2S"). These are all business entities. No Independent contractors.

The brief story is that the User brought an S2S in and asked for assistance before the contracts were set up and any work began. They suggested that the S2S go through the Prime's existing contract to start the work quicker. The Prime asked that the S2S go through their Sub. The S2S did. The Sub made the S2S sign an agreement with a non-compete clause in it and refers to a "client" in the contract language with no clear definition of "client." There is no reference to any additional levels of business or in the capacity of an S2S. To the S2S, the non-compete is for future business (within 1 year) with the Prime but not the User even though the work was ultimately done with the User.

My questions: Is the non-compete clause enforceable against both the Prime and the User or just the Prime? Does the fact that the User brought the S2S in first for discussions then referenced the contract path change any interpretation of good faith in acting according to the contract?

I believe this touches contract law and good faith / good intentions. I hope this is clear!


Contract Law: Non Compete Clause for Subcontractor of a Subcontractor

Cases Dismissed for Non-Compliance with California Mutcd

An interesting article:

Basically a school put up a "Right Turn Only" sign under a stop sign without regard to CA MUTCD. 5 tickets were issued as violating it. The 5 tickets were later dismissed because the sign did not comply w CA MUTCD standards and specifications. This is very similar to the purple stop sign situation we discussed.

https://www.pe.com/2017/01/22/on-the...up-to-the-law/

If anyone has or finds the technical legal documents which pertain to these cases please post them.

Someone in San Bernardino County want to do a public records request?

I'll write it and pay for it.


Cases Dismissed for Non-Compliance with California Mutcd

Chapter 13: Creditor Failed to Change Address

My question involves bankruptcy in the state of: Indiana
My exes divorce decree speaks to a property settlement in lieu of a pension settlement which due to the nature of my job is a state pension and private pension. In the decree it is labeled as a property settlement to be paid in a lump jump over a ten year period. A letter was sent to my ex to notifiy her the property settlement would be null and void once the bankruptcy is complete. No response was given from her by the standard 21 day time frame. Will she have a defense that she never received the letter or since she failed to notify the court of ther change of address is this big OOPS on her?


Chapter 13: Creditor Failed to Change Address

mardi 24 avril 2018

Cleaning and Repairs: Claiming Damages and Holding Deposit

My question involves landlord-tenant law in the State of: Tennessee

We moved out of our apartment on 04/12/2018. We paid a $500 deposit before move in. Today 04/24/2018 I received an email titled "Final move out statement" claiming there were $494.00 in damages, $73.93 in final utilities, and a -$6.23 insurance credit for a total due of $61.70 in addition to them keeping the deposit. My wife went over to their office today to figure out what the damages were, being that we left the apartment in perfect condition and took pictures of it as such. They are claiming that there were pet odors in the carpet and wood laminate flooring. I assure you there were none and the only room with carpet was the bedroom which the dogs were never in. They claim they had to replace the carpet and seal the wood. They claim they did these repairs on 04/18/2018 prior to notifying us of any problems. They would not allow my wife to view the apartment to verify any work having been done and threatened to send us to collections if we didn't pay. I know there were no odors in the apartment, but I have no way to prove it and assuming that they did, in fact, do this work, I have no way to prove that it was necessary. Am I simply stuck with no recourse at their word or is some type of legal option necessary/needed? Thanks for any help you may be able to offer.


Cleaning and Repairs: Claiming Damages and Holding Deposit

Landlord's Attorney Wants to Settle. What Not to Say

My question involves landlord-tenant law in the State of: California

A landlord is open to settle with a tenant. We assume it's a way to avoid further litigation for wrongful eviction and damages down the road by getting the tenant to agree to close the matter.

The landlord's attorney is asking the tenant what they are seeking. The tenant was told by a lawyer to see what the landlord is willing to put on the table before going to court. The tenant cannot afford further consultation with an attorney so they are going to have to carry the rest of the matter on their own.

Is there a specific way to handle these things? Does the tenant risk accidentally forgoing rights or handicapping themselves in any way when talking to the landlord's attorney? Outside of, of course, straight up agreeing to a bum deal. Are there things in these situations that often catch tenants off guard?


Landlord's Attorney Wants to Settle. What Not to Say

Stuck with My Landlord,

My question involves landlord-tenant law in the State of: New York - - Ok, so here’s my situation. At the beginning of last year, I was homeless. In March, I was linked to an organization that helps homeless individuals with moderate to severe mental illnesses obtain housing. Because I have been diagnosed with PTSD and Autism, and because I was living on the street, I was eligible for the program. They put me in a hotel for a few days while they looked for an apartment for me. Because of my situation, I was eager to take the first thing that was available. I was taken to look at an apartment and told them I wanted it. I then moved in a few days after. The company that helped me get the apartment subsidizes my rent. Shortly after moving in, I began hearing excessive noise and music coming from the people that lived above me. The excessive noise was all throughout the day. I complained several times to the landlord about the noise, but he did absolutely nothing about it. In June of last year around 3AM on a weeknight, it sounded like they were playing musical chairs right above my head, which is what woke me up. I got up, got dressed and got ready to go. On my way out, the girl that lived upstairs stuck her head out the window and asked if there was a problem. I told her about the noise, I reminded her of the day and time and told her I was going to inform the landlord. She flew downstairs ready to fight me over her own inconsideration, but by the time she got downstairs, I was a block away. The rest of that night, as with several other nights, I slept at a city park because it was more peaceful than living in my apartment. When I got back home that night, I noticed that my door was beaten in and my mailbox was removed from the wall. I called the police and informed them of what happened and filed a report to protect myself. The ceiling also leaks a lot, right over a light fixture. I have told the landlord and the maintenance people several times, but they refuse to do anything about it. My landlord also has not given me a copy of my lease as I have asked for it numerous times. There is also a major bedbug problem throughout the house (four units). The people above me complained last January and after two months of complaining (I saw the texts and emails), they decided to stop paying rent. In August, the people across from me stopped paying their rent for the same thing. In September, I said something to the landlord about the bedbugs. Also in September, I learned that my landlord has a business relationship with the company that subsidizes my rent. When I told my landlord that I was going to inform my worker that nothing was being done about the bedbugs, that was when my landlord decided to call an exterminator. My door was not replaced until January 24th of this year and that was after months of both myself and my worker asking for it to be fixed, over seven months. I was also told by multiple people (that don’t know each other) that the landlord is letting the place go. Another person told me that the landlord doesn’t care about this property. Everything that I have been through validates that. Since moving in, I have been stressed to the max. I also know the basics of the waiver of habitability and I know that if I did not have a subsidy, I would be able to sue him for a rent reduction or something like that. My counselor also told me that she would be willing to write a letter for court because she sees the physical stress that my landlord is causing and recommended that I sue him for stress and suffering. I told my worker and his boss that I wanted to take legal action against my landlord and they told me that if I take any actions at all, I will lose my subsidy because it will be a conflict of interest. At this point, I have no idea what my legal options are. I can’t go and talk to a lawyer or I’ll be homeless again and the company that subsidizes my rent aren’t doing anything about this either. Please tell me that I am not stuck in this situation forever. What can or should I do?

I should probably also mention the fact that in the last 2 months, I have received four shut off notices. My utilities are included in my rent per the lease I signed. Why am I getting shut off notices?


Stuck with My Landlord,

Agents and Brokers: Is What This Seller's Agent Did Legal

My question involves real estate located in the State of: Southern California

I spoke with the seller's agent. I asked him if they had any offers yet. He said yes. I asked how much. He said he couldn't disclose. The property was listed for $700K. I said, do you have offers for $800K? He said, oh no, it won't sell for that much, we have offers in the mid 700's. I said ok, we will be putting in a strong offer. We put in an offer for $775K, 3% initial deposit, no loan contingency, no appraisal contingency, $250K down payment. That night I noticed the property was delisted (not set to pending but delisted!). I immediately contacted the seller, he says he delisted it because he was getting too many offers. But that he would be submitting our offer to the seller and getting us a counter the next day. I don't hear back and so I call him mid-day and he says the seller went with another higher offer. Really? So first you say it won't go for anything near $800K, then you delist the property before accepting an offer, then you say you'll send me a counter but don't, and then you end up selling to someone else? Something sounds really fishy here. My question is, is what he did legal? We would have presented an $800K+ offer.


Agents and Brokers: Is What This Seller's Agent Did Legal