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  1. zddoodah

    If something is for sale online by a business can they reserve the right to refuse refund?

    This would have been a helpful bit of information to include in the original post. Had you already consummated the sale before you drove to the shop to pick up the items? What steps did you take at the time you picked up the wheels to ensure they would fit? Did you return or attempt to return...
  2. zddoodah

    Breaking a Commercial Lease

    Absent cause for early termination, you're liable for rent through the end of the lease term, subject to the landlord's duty to mitigate damages by finding a replacement tenant. Did you give notice in writing? Did your written notice clearly explain the impact that the dumpster is having on...
  3. zddoodah

    If something is for sale online by a business can they reserve the right to refuse refund?

    Generally speaking, there is no right to a refund unless that is agreed in the contract to sell/buy the goods. If the listing was silent about refunds, and if no right to return the goods was negotiated prior to the sale, then there is no right to a refund.
  4. zddoodah

    Proving liability in a data breach

    You can send private messages, but I won't respond substantively to such messages. Not sure why you can't just provide basic details of the issue.
  5. zddoodah

    Doing online home-based business from a rented apartment in condo in MA

    The language prohibits what you're describing, but my guess is that no one is going to care about online/phone work that doesn't involve customers coming and going, etc. Proceed at your own risk.
  6. zddoodah

    Escrow company

    I know this is how it works in some states, but it's not how it works in California. In a standard residential real estate transaction, the buyer and seller typically have realtors/real estate agents but RARELY have attorneys. The buyer and seller jointly contract with an escrow company. The...
  7. zddoodah

    Proving liability in a data breach

    What information? Please describe what happened. Don't include names. Perhaps - especially when one doesn't know what "information" was leaked or the relationship between the company that leaked the information and person whose information was leaked (or even what "leaked" means in this...
  8. zddoodah

    When claiming emotional distress, can you make the case for an eggshell plaintiff?

    Your question was whether the jury "instructions [to which adjusterjack provided a link] explicitly apply to physical injuries," and you "guess[ed] it's not specified." CACI 3928 states that the jury "must decide the full amount of money that will reasonably and fairly compensate [the...
  9. zddoodah

    Escrow company

    I assume "they" refers to the escrow company. What sort of insurance? The DFPI isn't going to have any information about insurance coverage (or any sort) carried by licensed escrow companies. Have you signed the escrow agreement yet? If so, did you read it before signing? Who picked the...
  10. zddoodah

    When claiming emotional distress, can you make the case for an eggshell plaintiff?

    Did you click on the link provided? If you had done so, then you'd know the answer to the question. The two cases cited make it even more explicit. Reviewing the CACI chapter on emotional distress would probably be useful.
  11. zddoodah

    Can a holographic will override a will created by an attorney?

    Just to be clear, you only want to modify the will and not the trust? We have no reason to believe you lack that ability. I assume what you actually intended to ask was whether such a handwritten will will be valid and supersede your existing will. Aside from reading section 6111 of the...
  12. zddoodah

    Differences with wife on issues related to in-laws (California)

    To quote Mr. Sulu, "Now would be a good time." Your attorney will represent your interests, advocate on your behalf, and file necessary paperwork in a timely manner. We don't know much about your assets, but it seems like you have a fair amount of money in investments. You want to ensure...
  13. zddoodah

    CD beneficiaries

    What does the beneficiary designation say? If you want your sister-in-law to succeed to his beneficiary interest in your CD, then you should check the designation to ensure that's the result that will occur. If you don't want that result, then you should probably change the designation. By...
  14. zddoodah

    Differences with wife on issues related to in-laws (California)

    I'm not sure why you shared this, but it makes me wonder what she's been doing with the money she earns as a teacher. There are two answers to this. California Family Code 720 states that spouses have a mutual obligation to support each other. This is, as you might imagine, more of an...
  15. zddoodah

    Warehouse Lease Contract Early Exit

    Why? Protections against what? Regardless, there are virtually no laws relating to the contents of commercial leases. No one who hasn't read the lease can speak intelligently about this. If the landlord is charging something not permitted by the lease, the tenant's recourse is not to pay...
  16. zddoodah

    Differences with wife on issues related to in-laws (California)

    I think you should consider consulting with a divorce attorney, even if you don't start the process. Among other things, you should discuss the extent to which you can/should start separating your finances.
  17. zddoodah

    Differences with wife on issues related to in-laws (California)

    Using community property funds (e.g., either of your earnings during the marriage), right? Unless you keep her chained up, she has the ability to leave any time she wants. I honestly don't know what you're asking here. Your wife is free to come and go as she pleases - just like you. Legal...
  18. zddoodah

    Probate

    It is impossible to probate one's own will. Per N.J.R.S. section 3B:18-14, if there is a single executor, he/she is entitled to 5% "on the first $200,000 of all corpus received by the fiduciary," plus 3.5% on the excess over $200k up to $1M, plus 2% on the excess over $1M (subject to the...
  19. zddoodah

    Statue of Limitations on ability to sue General Contractor

    The GC's insurer? Or the GC's bonding company? Very different things. You want the company that issued the GC's contractor's license bond, which you can look up here: Check A License - CSLB (and, if you know who the subcontractors are who did shoddy work, you should look up their bonds as...
  20. zddoodah

    Can You Tell Me Who Owns What from this Deed?

    Most states have default rules (whether by statute or case law) when deeds are silent or ambiguous. I think the easiest and most practical construction would be a TIC. When one of the two spouse owners dies, the surviving spouse will presumably inherit the deceased spouse's interest and become...
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