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Frequently asked questions about legal matters.

Common Legal Questions

Will you take my case on a contingency basis?

Not typically. However, in certain cases, and where there is a sufficient monetary amount involved, Sasha will consider a contingency fee arrangement. A contingency fee arrangement typically means Sasha would only get paid if there is a recovery on the client's behalf.

What does "contingency" mean?

It typically means that an attorney will take a case and will only get paid upon recovering money for the client. In a contingency arrangement, the attorney usually takes a percentage of the amount recovered. The percentage may vary depending on the complexity of the case, the amount of work involved, and the stage at which the case is resolved.

What is the value of my case?

The value of a given case is determined by many factors, including but not limited to the nature of the claim, the strength of the evidence, the damages suffered, and the ability of the opposing party to pay a judgment. It is not possible to give a precise value of a case without a thorough analysis of the facts and the law.

Is an oral contract enforceable?

Yes, however, there are certain types of contracts that must be in writing to be enforceable under the Statute of Frauds. These include contracts for the sale of real property, contracts that cannot be performed within one year, and certain other types of agreements. Even where an oral contract is enforceable, it can be very difficult to prove the terms of the agreement without written documentation.

Can I represent myself?

Unless you are in a small claims court, it is generally not advisable to represent yourself in legal matters. The law is complex and constantly changing, and a mistake in procedure or strategy can be very costly. An experienced attorney can help you navigate the legal system, protect your rights, and achieve the best possible outcome for your case.

What is a small claim?

A small claim in California is a case filed in the Small Claims Division of the Superior Court. As of January 1, 2024, individuals can sue for up to $12,500, and businesses can sue for up to $6,250 (California SB 71). Attorneys are generally not allowed to represent parties in small claims court, although they may provide advice before and after the hearing. Small claims court is designed to provide a quick, inexpensive way to resolve minor disputes.

What do I have to prove to win a breach of contract case in California?

To win a breach of contract claim in California, a plaintiff must prove four elements: a valid contract existed, the plaintiff performed or was excused from performing, the defendant breached, and the breach caused the plaintiff harm. CACI No. 303, the standard jury instruction for breach of contract, sets out the same test in six numbered steps. Read more: Breach of Contract in California.

How long do I have to sue over a contract in California?

Under California Code of Civil Procedure Section 337, actions on written contracts must be brought within four years of the date the breach occurs. Oral contracts carry a shorter two-year limitation period under Section 339. Missing these deadlines generally bars the claim, regardless of how strong the underlying case may be. Read more: Breach of Contract in California.

What is a boundary dispute, and how is it resolved?

A boundary dispute is a legal conflict between neighboring property owners over the location of the property line dividing their respective parcels. When a boundary dispute cannot be resolved through negotiation or mediation, the typical legal remedy is a quiet title action: a lawsuit filed in Superior Court that asks the judge to determine the true boundary between two properties and issue a judgment that settles the question. Read more: Resolving Boundary Disputes Under California Law.

What is a partition action?

A partition action is a lawsuit in which a co-owner of property asks a California court to end the co-ownership, either by physically dividing the property among the owners (partition in kind) or by ordering it sold and dividing the proceeds according to each owner's interest (partition by sale). For most single-family homes and condominiums, dividing the property physically is not realistic, so partition by sale is the most common outcome. Read more: Partition Actions in California.

What notice does a landlord have to give before evicting a tenant?

It depends on the reason for the eviction. For nonpayment of rent, the landlord must serve a three-day notice to pay rent or quit under Code of Civil Procedure Section 1161. For curable lease violations, a three-day notice to cure or quit is required, and for uncurable violations or illegal activity, a three-day notice to quit may be served. For no-fault terminations of month-to-month tenancies, tenants who have lived in the unit for less than one year are entitled to 30 days' notice, and those who have lived there for one year or more must receive 60 days' notice under Civil Code Section 1946.1. Read more: Landlord-Tenant Law in California.

Should I form an LLC or a corporation for my California business?

The best business entity type depends on your goals for liability protection, tax treatment, ownership structure, and future fundraising plans. A limited liability company is the most popular choice for small to mid-sized businesses because it provides personal liability protection, a flexible management structure, and pass-through taxation that avoids double taxation. For businesses seeking outside investment or planning to go public, a corporation is usually the better fit. Read more: Starting a Business in California.

How are disputes with a business partner resolved in California?

Partnership disputes in California can be resolved through several mechanisms depending on the nature of the dispute and the terms of the partnership agreement. If the agreement includes a dispute resolution clause, the partners may be required to attempt mediation or binding arbitration before filing a lawsuit. Mediation involves a neutral third party who facilitates negotiation but cannot impose a resolution, while arbitration produces a binding decision similar to a court judgment. Read more: Resolving Business Disputes in California.

What is a TRO, and how long does it last?

A temporary restraining order (TRO) is the most urgent form of injunctive relief available under California law. It is inherently temporary: it typically remains in effect only until the preliminary injunction hearing. When the TRO was issued without notice, Code of Civil Procedure Section 527(d) generally requires that hearing within 15 days, or 22 days for good cause. Read more: Injunctions and Restraining Orders in California.

How long do I have to respond to a lawsuit in California?

A defendant generally has 30 days after being served to file a response. The response may be a demurrer (a motion arguing that the complaint fails to state a valid legal claim) or an answer that addresses each allegation. Read more: Commercial Litigation in California.

What are the elements of fraud in California?

The fraud elements in California are the same five in every intentional misrepresentation case, and a plaintiff must prove each one: the defendant made a representation of fact; the representation was false when made; the defendant knew it was false or made it recklessly; the defendant intended that the plaintiff rely on it; and the plaintiff justifiably relied on it and suffered damages as a result. Each element is proven by a preponderance of the evidence, the standard used in most civil cases. Read more: Fraud and Misrepresentation in California.

How long do I have to sue for a personal injury in California?

The statute of limitations for most personal injury claims in California is two years from the date of injury under Code of Civil Procedure Section 335.1, subject to statutory tolling and discovery-rule exceptions. Claims against government entities face a shorter timeline: you must file an administrative claim within six months of the injury under Government Code Section 911.2 before you can file a lawsuit. Read more: Personal Injury Law in California.

What is comparative negligence in California?

California follows a pure comparative negligence system, which means you can recover damages even if you were partially at fault for your injury. Your recovery is reduced by your percentage of fault. For example, if a jury awards $200,000 in damages but finds you were 25 percent at fault, you would recover $150,000. Read more: Personal Injury Law in California.

Do I have to register a trademark to have rights in it?

No. In the United States, trademark rights can arise through use in commerce, usually within the geographic and commercial scope of that use. Federal registration under the Lanham Act can add nationwide benefits, and a registration must be maintained to stay in force. Read more: Trademark Law.

Is there a shortcut to probate for small estates in California?

Yes. Estates valued at $208,850 or less in total gross probate assets may qualify for simplified procedures that avoid formal probate. Under Probate Code Section 13100, successors may use a small estate affidavit to collect personal property, such as bank accounts and vehicles, by presenting a signed declaration to whoever holds the property at least 40 days after the death. Assets that pass outside probate, such as jointly held property, living-trust assets, and accounts with named beneficiaries, do not count toward the limit. Read more: Probate in California.

Have additional questions? Contact Sasha Brodsky to schedule a consultation.