Title: November 22, 2006
Q. I hired someone to put decorative curbs at my house. He did the mixing, including a dye to the cement right on my driveway, which is now stained. When I complained to him about it, he first appeared to be responsive. He promised to come and clean it up, but he never showed up. I feel a lawsuit is in order, but he only has a cell phone number on his business card, and when I call him, he acts like he cannot hear me. That is always the end of the conversation. I do not have a physical address on him. What can I do?
A. I suggest you hire a private investigator to get an address behind the cell phone number you already have. You can include the cost of the private investigator as part of your damages in your lawsuit. If the curbs look the way you were expecting them to look, you damages would only be for the stained driveway. Get an estimate from another contractor and find out how much it would cost to clean the driveway.
Q. My son and his friend were playing in my backyard, and my dog nipped the friend. The bite broke the skin, but no stitches were required. What do I do now?
A. Pay for the doctor to look the wound over and to take care of it. As I am sure you know, you are liable for any damage inflicted by your dog to any guests coming onto your property. Be very apologetic with the child’s parents and offer to take care of any expenses associated with the incident. .
Q. We own a 12-acre piece of land with a cabin that we use on the weekend. It is entirely fenced and has “no trespassing” signs around it. Yet, people come and ride their dirt bikes on our land. We have called the police, but the motorcyclists are usually gone by the time the police get there. Howe can we stop them?
A. You can try to obtain the license number off the motorcycles in order to obtain the names and addresses of the offenders, and sue them for trespassing. If that does not work, and you are simply not there when the trespassing occurs, you can place spikes in strategic places on your land. A few flat tires later, they might learn their lesson. Of course, if one of them gets hurt when falling off his dirt bike because he has a flat tire, you might get sued for his personal injury. However since he is trespassing on your land, you would probably prevail.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Showing posts with label contractor. Show all posts
Showing posts with label contractor. Show all posts
Monday, March 23, 2009
Legal Eaze #47 Sub-Contractor Lien/Not Bound by Attorney-Client Privilege
Title: May 24, 2006
Q. I hired a contractor to turn my two-car garage into a three-car garage. The contractor collected a deposit of 10 percent plus a material deposit and the remainder of the contract was to be paid when the work was completed. After completion of the project by a sub-contractor, I paid the contractor the remainder of the contract price. The sub-contractor later informed me that he had not been paid by the contractor and that he was filing a mechanic’s lien on my house. Can he do that?
A. Not unless (1) the sub-contractor served you with a 2-day preliminary notice before he began work, or sometime during or immediately after his work was completed or (2) the sub-contractor had a direct contract with you. If a contractor (as opposed to a sub-contractor) has a direct contract with you, there is no 20-day preliminary notice requirement. The contractor is allowed to file a lien within 90 days of completion of the project and then has 90 days in which to foreclose on the lien, which can be done in small claims court.
Q. I went to a lawyer for a legal consultation and my girlfriend came with me. I discussed a family law matter with him. My girlfriend knows everything about my marital problems. The attorney warned me that although he was bound by the attorney-client privilege, my girlfriend was not. What did he mean by that?
A It means that anything that is discussed in an attorney’s office is a privileged conversation and the attorney cannot discuss it with anyone else who is not affiliated with his own office. However, your girlfriend is not an attorney and she is not bound to secrecy. She does not have a duty to keep what was discussed in her presence a secret. As a result, if you ever have a fallout with her, she might discuss your private affairs with anyone she chooses to discuss them with and there will be nothing you can do about it. Hence, when you go to your attorney’s office, it is not always a good idea to bring someone with you. I realize that you may feel the need for mental support from a friend, but that defeats the purpose of the attorney-client privilege. Anyone else present in the attorney’s office, other than his staff, is not bound by that privilege.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
Q. I hired a contractor to turn my two-car garage into a three-car garage. The contractor collected a deposit of 10 percent plus a material deposit and the remainder of the contract was to be paid when the work was completed. After completion of the project by a sub-contractor, I paid the contractor the remainder of the contract price. The sub-contractor later informed me that he had not been paid by the contractor and that he was filing a mechanic’s lien on my house. Can he do that?
A. Not unless (1) the sub-contractor served you with a 2-day preliminary notice before he began work, or sometime during or immediately after his work was completed or (2) the sub-contractor had a direct contract with you. If a contractor (as opposed to a sub-contractor) has a direct contract with you, there is no 20-day preliminary notice requirement. The contractor is allowed to file a lien within 90 days of completion of the project and then has 90 days in which to foreclose on the lien, which can be done in small claims court.
Q. I went to a lawyer for a legal consultation and my girlfriend came with me. I discussed a family law matter with him. My girlfriend knows everything about my marital problems. The attorney warned me that although he was bound by the attorney-client privilege, my girlfriend was not. What did he mean by that?
A It means that anything that is discussed in an attorney’s office is a privileged conversation and the attorney cannot discuss it with anyone else who is not affiliated with his own office. However, your girlfriend is not an attorney and she is not bound to secrecy. She does not have a duty to keep what was discussed in her presence a secret. As a result, if you ever have a fallout with her, she might discuss your private affairs with anyone she chooses to discuss them with and there will be nothing you can do about it. Hence, when you go to your attorney’s office, it is not always a good idea to bring someone with you. I realize that you may feel the need for mental support from a friend, but that defeats the purpose of the attorney-client privilege. Anyone else present in the attorney’s office, other than his staff, is not bound by that privilege.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
Friday, February 27, 2009
Legal Eaze #23 Used Car/Foreign Marriage
Title: June 1, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. I purchased a car from the Salvation Army. The salesman said they did not have this year’s tag on it because the car license was due for renewal. He also told me there was something wrong with the brakes, but otherwise the car was fine. Today, I attempted to drive the car off the lot and a big puff of smoke came out the back. I got out of the car and a puddle of oil was behind the car. My brother, who was in the car with me, told me I shouldn’t drive this car because it is unsafe. I told the salesman I wanted my money back, but he refused and told me the Salvation Army was going to have to tow the car to my house. What can I do?
A. I suspect you bought this car “as is”, although you have mentioned nothing about the contents of your sales contract. I do not believe that the Salvation Army is considered to be a “car dealer”. Car dealers are bound by law not to sell cars that are unsafe to drive, which includes brakes that are not in good working order. When you are considering the purchase of a used vehicle with an “as is” sign on it, you should always be extremely careful and have the car checked by a mechanic before you buy it. I gather that you failed to do so. I am sorry that you had to learn such an expensive lesson. Read your sales contract and see if you have an escape clause in it which would allow you to return the car andyou’re your money back.
Q. Last year, I got married on foreign soil while on vacation. I wonder if my marriage is legal here in California and if not, should I re-marry under California law?
A. Failed to tell me in which country you got married and whether or not the marriage is considered valid in that country. Were you or your “husband” ever a citizen of this country? Typically, foreign marriages are valid if you meet the residency requirement of that country, among various other requirements. Each country has different requirements in order for a marriage to be valid. If both of you resided in California before and after the foreign marriage, it might be a good idea to at least have a civil ceremony here in California. If there are any questions in your mind that you are not married, then your “marriage” may not be valid and/or legal in this state.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. I purchased a car from the Salvation Army. The salesman said they did not have this year’s tag on it because the car license was due for renewal. He also told me there was something wrong with the brakes, but otherwise the car was fine. Today, I attempted to drive the car off the lot and a big puff of smoke came out the back. I got out of the car and a puddle of oil was behind the car. My brother, who was in the car with me, told me I shouldn’t drive this car because it is unsafe. I told the salesman I wanted my money back, but he refused and told me the Salvation Army was going to have to tow the car to my house. What can I do?
A. I suspect you bought this car “as is”, although you have mentioned nothing about the contents of your sales contract. I do not believe that the Salvation Army is considered to be a “car dealer”. Car dealers are bound by law not to sell cars that are unsafe to drive, which includes brakes that are not in good working order. When you are considering the purchase of a used vehicle with an “as is” sign on it, you should always be extremely careful and have the car checked by a mechanic before you buy it. I gather that you failed to do so. I am sorry that you had to learn such an expensive lesson. Read your sales contract and see if you have an escape clause in it which would allow you to return the car andyou’re your money back.
Q. Last year, I got married on foreign soil while on vacation. I wonder if my marriage is legal here in California and if not, should I re-marry under California law?
A. Failed to tell me in which country you got married and whether or not the marriage is considered valid in that country. Were you or your “husband” ever a citizen of this country? Typically, foreign marriages are valid if you meet the residency requirement of that country, among various other requirements. Each country has different requirements in order for a marriage to be valid. If both of you resided in California before and after the foreign marriage, it might be a good idea to at least have a civil ceremony here in California. If there are any questions in your mind that you are not married, then your “marriage” may not be valid and/or legal in this state.
Monday, January 5, 2009
Legal Eaze #18 Dust/ Credit Card Theft
Originally Printed: March 23, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. There is a lot of new activity on the land next to our house. The lot is being prepared for new building and a tractor has been grading it. Unfortunately, a tremendous amount of dust has been drifting towards our house, and last week when it was hot enough to have our windows open, my wife complained that she constantly had to dust our furniture and our baby has started to cough because of the amount of dust we are getting in the house. Our son’s bedroom is located nearest the grading. We fear that our son is getting very ill due to this dust. What can we do?
A. There are laws requiring that dust be abated by watering the earth being moved. The contractor who is doing this work is doing so in violation of these laws. If you are located within the boundaries of the city of Tehachapi, you need to call the Department of Code Enforcement at City Hall. If you are located in Kern County, you would have to call the equivalent department in Kern County. I would go next door and warn the person driving the tractor to stop doing so unless the soil is wetted down first. If you son is becoming ill as a result of dust rising from a building project, first take him to a doctor, switch him to another room where he would not be exposed to the dust until the contractor next door becomes more responsible to your plight. If your child’s health has been affected by the contractor’s violation of laws, you can sue him for your son’s health problems. Dust can severely affect the health of those who work or live in close proximity of new building projects and dust abatement is a must when such projects are being completed.
Q. I had my wallet stolen during the holidays last year and I am afraid that I have become the victim of identity theft. All my important documents were in the wallet and now I am getting bills from credit cards I reported stolen three months ago as well as from stores I never shopped at, Internet Web sites, etc. What should I do?
A. I hope you reported the theft to the police. That is the first thing you need to do. Then, you need to write an explicit letter to all four (there is a new one now) credit reporting agencies, giving details of the items that where stolen, when, where; and write to each one of the creditors explaining what happened. You also need to contact the Federal Trade Commission, which has a Web site where you can report the theft.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. There is a lot of new activity on the land next to our house. The lot is being prepared for new building and a tractor has been grading it. Unfortunately, a tremendous amount of dust has been drifting towards our house, and last week when it was hot enough to have our windows open, my wife complained that she constantly had to dust our furniture and our baby has started to cough because of the amount of dust we are getting in the house. Our son’s bedroom is located nearest the grading. We fear that our son is getting very ill due to this dust. What can we do?
A. There are laws requiring that dust be abated by watering the earth being moved. The contractor who is doing this work is doing so in violation of these laws. If you are located within the boundaries of the city of Tehachapi, you need to call the Department of Code Enforcement at City Hall. If you are located in Kern County, you would have to call the equivalent department in Kern County. I would go next door and warn the person driving the tractor to stop doing so unless the soil is wetted down first. If you son is becoming ill as a result of dust rising from a building project, first take him to a doctor, switch him to another room where he would not be exposed to the dust until the contractor next door becomes more responsible to your plight. If your child’s health has been affected by the contractor’s violation of laws, you can sue him for your son’s health problems. Dust can severely affect the health of those who work or live in close proximity of new building projects and dust abatement is a must when such projects are being completed.
Q. I had my wallet stolen during the holidays last year and I am afraid that I have become the victim of identity theft. All my important documents were in the wallet and now I am getting bills from credit cards I reported stolen three months ago as well as from stores I never shopped at, Internet Web sites, etc. What should I do?
A. I hope you reported the theft to the police. That is the first thing you need to do. Then, you need to write an explicit letter to all four (there is a new one now) credit reporting agencies, giving details of the items that where stolen, when, where; and write to each one of the creditors explaining what happened. You also need to contact the Federal Trade Commission, which has a Web site where you can report the theft.
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