Amanda M Rokita

Amanda M Rokita

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State Bar of California # 314716
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Legal Answers
4 Questions Answered

Q. I just started my own company and I have found out my old employer is telling my vendors if they sell to me he will
A: If your former employer engaged in wrongful acts (misrepresentation, libel), you may have a valid claim for interference with prospective economic relations A claim for interference with prospective economic relations requires the plaintiff to prove: 1) The plaintiff and a third party were in an economic relationship that probably would have resulted in an economic benefit to the plaintiff 2) The Defendant knew of the relationship between the plaintiff and the third party 3) Defendant intended to disrupt the relationship 4) Defendant engaged in wrongful acts (Some examples of a wrongful act—fraud, misrepresentation, libel, violation of a statute) 5) The relationship was actually disrupted 6) Plaintiff suffered economic harm 7) The defendant’s wrongful conduct was a substantial factor in causing the plaintiff’s harm Please note that this answer does not create an attorney-client relationship. If you seek further guidance with your issue, I suggest you contact an attorney who will learn more facts about your situation and properly advise you on how to proceed.
Q. My mom has a neighbor that is building a structure on land that belongs to her. How do we stop it?
A: An unauthorized trespass on another person’s property is called an encroachment. First, one must confirm that the area of land in dispute is in fact owned by your mother. This can be done by hiring a professional surveyor to survey the land to confirm the property boundaries. Once it is confirmed that there is an encroachment on the property, I suggest your mother speak to the neighbor and let them know that they are encroaching upon her property and ask them to remove the structure or stop building on the land. Another option is to sell or lease that portion of the land to the neighbor. If the neighbor is unwilling to cooperate, then a quiet title action may be filed in court. A quiet title action asks the court to determine who has title to the property. When the owner of land does not exercise his right to prohibit others from using his land, a prescriptive easement can be created. To establish a prescriptive easement, the possessor must 1) use the land 2) in a manner that is open and notorious, 3) use must be hostile and adverse to the owner of the land, 4) use must be continuous and uninterrupted, 5) used under a claim of right to the property, and 6) the use must be for the statutory period of five years. This response is not legal advice and does not create an attorney-client relationship. This response has been provided for education and information only. Attorney is under no obligation to answer subsequent emails or phone calls relating to this matter, or to take any further action. You should contact an attorney licensed in your state, to whom you have provided all the facts regarding your situation, so that he/she may advise you on what steps to take.
Q. How many days the a car dealer have to cancel a car contract after you take it home in california.
A: The standard CA car dealer contract has a “retail installment sales contract” provision written in the sales contract. This means that if you buy a car that is financed through the dealership, the dealer (typically) has ten days to find a financing company or bank to buy your car contract. If the dealer cannot find someone to purchase the contract, it can cancel the contract. If the dealer contacts you within ten days stating they cannot find someone to purchase your contract, you are entitled to receive the amount you paid for a down payment or trade in. If ten days has passed, the contract is final and the dealer may not demand a higher down payment or return of the car This response is not legal advice and does not create an attorney-client relationship. This response has been provided for education and information only. Attorney is under no obligation to answer subsequent emails or phone calls relating to this matter, or to take any further action. You should contact an attorney licensed in your state, to whom you have provided all the facts regarding your situation, so that he/she may advise you on what steps to take.
Q. What is law of refusing service and what can I do about my problem?
A: Under Federal law, businesses can refuse service to persons for any reason unless the business is discriminating against a protected class such as race/color, national origin/citizenship status, religion, sex, age, etc. CA has additional protected classes, including marital status, sexual orientation, AIDS/HIV status, etc. Generally, a business owner cannot refuse service to a person based on arbitrary reasons outside of a protected class. A legitimate reason for refusing service would be because a customer’s presence interferes with the establishment or it’s customer’s safety. For example, if the customer threatens a business owner/employee, causing that person to legitimately feel like they are in danger. Another example would be a patron with poor hygiene in a restaurant or an owner of an animal that is a non-service animal to wander off into the food preparation area of a restaurant. Preventing potential violence is also considered to be a legitimate business interest where refusal of service would be proper. For example, a bar in a gang-ridden area prohibiting entry to persons wearing certain colors likely to lead to fights between gang members would be a justified reason to refuse service to persons. If the conversation with the owner of the business became heated and caused the owner or customers in the store to feel unsafe, then the refusal may have been proper. If you believe that the refusal was improper, I suggest you meet with and an attorney experienced in civil rights law. Once you provide further details regarding the event, he/she can accurately advise you on how to proceed.
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