Preliminarily, neither this blog post nor any potential consultation services you may retain Bustarde Law for are intended or comprise loan modification services. Bustarde Law does not provide loan modification help, and consumers are expressly advised to be careful in retaining anyone for such help.
That disclaimer aside, homeowners, property owners, and any tenants of any property owners should make themselves aware of the law and their options when a property they may have an interest in is too expensive for the owner to keep.
Foreclosure is not the only potential conclusion where someone cannot make payments. Certainly a loan modification is an option but one must be aware that seeking a loan modification does not necessarily stop the foreclosure and thereafter eviction process.
If a property is worth more than the amount of debt then a Deed in Lieu of foreclosure may be available.
A short sale might be another reasonable alternative and with the new anti-deficiency law regarding short sales in California, that option becomes more attractive.
The rights of tenants are generally controlled by their leases, however other statutory considerations come into play if a tenant's leasehold interest is affected by a sale of the property. The amount of time a tenant has resided on the property may entitle the tenant to a greater notice period before they must vacate. Also, whether a sale occurs at a foreclosure sale or as a result of a owner initiated short-sale will affect the landlord/owner and tenant's respective rights.
Call Darwin Bustarde or visit Bustardelaw.com to learn about what options and considerations are implicated regarding your property or home.
Friday, December 17, 2010
Tuesday, December 14, 2010
Did you contract with an unlicensed contractor? Get your money back!!!
If you believe your (potential) contractor is unlicensed contact an experienced attorney to determine what rights you may have and visit the Contractor's State Licensing Board's website.
California's Contractor's State License Law is a comprehensive statutory scheme governing the construction business. It is codified in statute at Business & Professions Code section 7000 et seq. The State License Law provides "no person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract where a license is required...." (California Business & Professions Code Section 7031.)
There are a couple of exceptions to that law. But basically, if the person who is performing work on your home or building is unlicensed and you refuse to pay them, the person cannot file a claim against you even if the work meets the standard of care (not deficient).
You should also know that if you do sue an unlicensed contractor, the unlicensed contractor cannot claim an "offset" for the work that he performed. (White v. Cridlebaugh (2009) 178 Cal.App.4th 506.)
California has set up a statutory scheme that is intended to help consumers. Contact Darwin Bustarde to discuss your options and to obtain substantive legal advice and representation. The general information described above provided to help prompt you to analyze whether you need to conduct further research or hire an attorney, and is not intended to be relied upon for you to take definitive legal action that may affect your rights.
California's Contractor's State License Law is a comprehensive statutory scheme governing the construction business. It is codified in statute at Business & Professions Code section 7000 et seq. The State License Law provides "no person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract where a license is required...." (California Business & Professions Code Section 7031.)
There are a couple of exceptions to that law. But basically, if the person who is performing work on your home or building is unlicensed and you refuse to pay them, the person cannot file a claim against you even if the work meets the standard of care (not deficient).
You should also know that if you do sue an unlicensed contractor, the unlicensed contractor cannot claim an "offset" for the work that he performed. (White v. Cridlebaugh (2009) 178 Cal.App.4th 506.)
California has set up a statutory scheme that is intended to help consumers. Contact Darwin Bustarde to discuss your options and to obtain substantive legal advice and representation. The general information described above provided to help prompt you to analyze whether you need to conduct further research or hire an attorney, and is not intended to be relied upon for you to take definitive legal action that may affect your rights.
Thursday, December 9, 2010
Why Fight a Traffic Ticket and If I Do Why Hire an Attorney?
To win, or more accurately, to minimize your liability for penalties or points on your driving record.
First, it is entirely possible for you, by yourself, to review the law (Vehicle Code section) that you were ticketed and alleged to have violated, and prepare a defense to present at the traffic court hearing/trial. However, consider the time it will take for you to review the vehicle code (in addition to the time it takes to even find one to review, like at a law library), analyze what you are alleged to have violated, prepare a defense, and appear in court. Darwin Bustarde, Esq. of Bustarde Law can lessen or eliminate the time and effort you would have otherwise have to personally dedicate to present a competent defense.
Moreover, it is important to obtain a reasoned analysis of the alleged violation. California's Vehicle Code is long and complicated, and the individual provisions in it can be too. This actually can help you in your defense. The more complicated the statute the more legal "elements" that have to be proved to establish your alleged guilt.
For example, if you have been cited for a speeding violation under Vehicle Code 22350 (the "Basic Speed Law") you can potentially establish your innocence by relying on the provision that requires the state (ticketing officer generally) to prove that your speed was "greater than is reasonable or prudent" or endangered "the safety of persons or property."
In other words, establishing that even though you may in fact drove faster than the posted speed limit may not be enough for the state to prevail. Your driving may still be "legally" reasonable.
To establish this you could testify to this fact yourself (which would be the case regardless of whether you hire an attorney or not) but also get the state/prosecuting agency to prove your point too. This can be done by some artful questioning and review of the officer's notes or the ticket itself.
Police officers are trained to testify to establish the necessary elements to prove a violation occurred, and they will likely leave out the rest. Good questioning can establish that when you were ticketed on Mission Boulevard that traffic was light when you were allegedly speeding, visibility was good, other traffic was in fact moving at the same pace as you, etc.
An attorney knowledgeable in the nuances of the law and burden of proof can present a defense even where the violation appears clear cut. Additionally, an attorney's input can identify other "defenses" that you may not have considered. Look out for upcoming posts for additional information.
If you have been ticketed for a traffic infraction call or email Darwin Bustarde to begin discussing your options. He offers reasonable flat rates for his services. For matters to be heard at the Vista Courthouse in north San Diego County he can represent you for a flat rate of $100.00.
First, it is entirely possible for you, by yourself, to review the law (Vehicle Code section) that you were ticketed and alleged to have violated, and prepare a defense to present at the traffic court hearing/trial. However, consider the time it will take for you to review the vehicle code (in addition to the time it takes to even find one to review, like at a law library), analyze what you are alleged to have violated, prepare a defense, and appear in court. Darwin Bustarde, Esq. of Bustarde Law can lessen or eliminate the time and effort you would have otherwise have to personally dedicate to present a competent defense.
Moreover, it is important to obtain a reasoned analysis of the alleged violation. California's Vehicle Code is long and complicated, and the individual provisions in it can be too. This actually can help you in your defense. The more complicated the statute the more legal "elements" that have to be proved to establish your alleged guilt.
For example, if you have been cited for a speeding violation under Vehicle Code 22350 (the "Basic Speed Law") you can potentially establish your innocence by relying on the provision that requires the state (ticketing officer generally) to prove that your speed was "greater than is reasonable or prudent" or endangered "the safety of persons or property."
In other words, establishing that even though you may in fact drove faster than the posted speed limit may not be enough for the state to prevail. Your driving may still be "legally" reasonable.
To establish this you could testify to this fact yourself (which would be the case regardless of whether you hire an attorney or not) but also get the state/prosecuting agency to prove your point too. This can be done by some artful questioning and review of the officer's notes or the ticket itself.
Police officers are trained to testify to establish the necessary elements to prove a violation occurred, and they will likely leave out the rest. Good questioning can establish that when you were ticketed on Mission Boulevard that traffic was light when you were allegedly speeding, visibility was good, other traffic was in fact moving at the same pace as you, etc.
An attorney knowledgeable in the nuances of the law and burden of proof can present a defense even where the violation appears clear cut. Additionally, an attorney's input can identify other "defenses" that you may not have considered. Look out for upcoming posts for additional information.
If you have been ticketed for a traffic infraction call or email Darwin Bustarde to begin discussing your options. He offers reasonable flat rates for his services. For matters to be heard at the Vista Courthouse in north San Diego County he can represent you for a flat rate of $100.00.
Wednesday, December 8, 2010
Bustarde Law Now Offers Traffic Violation Related Legal Services
Darwin Bustarde, Esq. is pleased to offer low-cost reasonable representation and consultation for your alleged traffic/vehicle violations.
If you have been ticketed for speeding, running a red-light, a non-moving/parking violation, fix-it-ticket or other traffic infraction call Bustarde Law.
While in many cases traffic infractions cannot be defeated, many people needlessly fail to present any kind of defense or fight the ticket at all. Additionally, many people do not realize, for example, that what you are ticketed for may not be the most appropriate characterization of the actual violation that may have occurred. More specifically, some violations carry greater/different penalties than others. You should consult with an attorney to learn your rights and potentially fight your ticket.
Retaining an attorney will help ensure that you've done everything you can to fight your ticket, and minimize your liability (avoid a point on your record potentially, get extraneous charges dropped, minimize discretionary monetary penalties) and potentially also save time out of your busy day by having an attorney appear on your behalf in court if a trial is necessary in traffic court.
If you have been ticketed for speeding, running a red-light, a non-moving/parking violation, fix-it-ticket or other traffic infraction call Bustarde Law.
While in many cases traffic infractions cannot be defeated, many people needlessly fail to present any kind of defense or fight the ticket at all. Additionally, many people do not realize, for example, that what you are ticketed for may not be the most appropriate characterization of the actual violation that may have occurred. More specifically, some violations carry greater/different penalties than others. You should consult with an attorney to learn your rights and potentially fight your ticket.
Retaining an attorney will help ensure that you've done everything you can to fight your ticket, and minimize your liability (avoid a point on your record potentially, get extraneous charges dropped, minimize discretionary monetary penalties) and potentially also save time out of your busy day by having an attorney appear on your behalf in court if a trial is necessary in traffic court.
Tuesday, December 7, 2010
So You Want to Dissolve Your Corporation...
Numerous factors come into play when considering whether to dissolve a corporation that you are a shareholder or director in. The first is whether you can even do so, and under what method (judicial action or non-judicial action).
For example, an involuntary dissolution action can be filed with the court to dissolve the corporation in instances where those in control of the corporation have committed fraud or there is a deadlock among the shareholders. (California Civil Code Section 1800 et seq.)
There is also the option of seeking voluntary dissolution. For a more detailed discussion of voluntary dissolution, please click here.
In either situation, there is the potential for the corporation or the remaining shareholders to buy-out the party(ies) seeking dissolution.
Reviewing your options with an attorney and financial advisor will help ensure you make the most informed decision possible.
For example, an involuntary dissolution action can be filed with the court to dissolve the corporation in instances where those in control of the corporation have committed fraud or there is a deadlock among the shareholders. (California Civil Code Section 1800 et seq.)
There is also the option of seeking voluntary dissolution. For a more detailed discussion of voluntary dissolution, please click here.
In either situation, there is the potential for the corporation or the remaining shareholders to buy-out the party(ies) seeking dissolution.
Reviewing your options with an attorney and financial advisor will help ensure you make the most informed decision possible.
Wednesday, December 1, 2010
Dangers of Social Media: Watch what you post, tweet, or blog about!
Nowadays, everyone has a website, blog or account with social media sites like Twitter, Facebook or Myspace. The great thing about those resources is the ability for a person to immediately voice their opinions or keep others up to date about what you are doing. The bad thing is that people tend to publish on social media without considering the legal ramifications of their social network activities.
Comments and information that you publish online can be discovered in a subsequent litigation (assuming of course the information sought is discoverable/relevant pursuant to civil litigation rules).
For example, a resident of Escondido who submits a worker's compensation claim for disability, who later tweets about going hiking on Cowels Mountain in Mission Trails during the supposed period of disability, probably just created great evidence to fight his or her claim.
That same person might also blog about his experience and later realize that his blog post about his hiking trip contradicts his claim for disability. He or she might then try to delete the post. Be aware there are websites that crawl the internet and archive snapshots of other websites for archiving purposes. So just because you modified your webpage to remove information that you later realized should not be published, does not mean that there aren't other ways to reaquire that information.
One general rule of thumb is to stop before you publish, and ask yourself: "Is this something that I may not want someone to see in the future?" If the answer is yes, then you may not want to publish it.
The dangers of using social media also extend to businesses. A business must be careful not to unwittingly create liability for itself using social media. A business that uses social media to correspond with potential clients could unwittingly cause the potential client to believe he is an actual client, or that a comment made informally in a tweet is a "guarantee." To address issues like this, businesses should review their on-line presence from a risk management perspective. For example, an attorney can help you determine whether something like a Terms & Conditions or Disclaimer (see the blog post on this topic by clicking here) should be used, and how.
Comments and information that you publish online can be discovered in a subsequent litigation (assuming of course the information sought is discoverable/relevant pursuant to civil litigation rules).
For example, a resident of Escondido who submits a worker's compensation claim for disability, who later tweets about going hiking on Cowels Mountain in Mission Trails during the supposed period of disability, probably just created great evidence to fight his or her claim.
That same person might also blog about his experience and later realize that his blog post about his hiking trip contradicts his claim for disability. He or she might then try to delete the post. Be aware there are websites that crawl the internet and archive snapshots of other websites for archiving purposes. So just because you modified your webpage to remove information that you later realized should not be published, does not mean that there aren't other ways to reaquire that information.
One general rule of thumb is to stop before you publish, and ask yourself: "Is this something that I may not want someone to see in the future?" If the answer is yes, then you may not want to publish it.
The dangers of using social media also extend to businesses. A business must be careful not to unwittingly create liability for itself using social media. A business that uses social media to correspond with potential clients could unwittingly cause the potential client to believe he is an actual client, or that a comment made informally in a tweet is a "guarantee." To address issues like this, businesses should review their on-line presence from a risk management perspective. For example, an attorney can help you determine whether something like a Terms & Conditions or Disclaimer (see the blog post on this topic by clicking here) should be used, and how.
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