Questions and Professional Answers

• Uniform Commercial Code & Rights therein

  I previously posted this question (under title ''Uniform Commercial Code and Security Interest''), but the answer given was not what I'm looking for. Specifically, I need to know if there is any section(s) of the UCC that pertain to what the specific rights are of an entity with perfected security interest in collateral. There is no question of the perfection, the question lies in what that ''perfection'' entitles the legal owner to. Any information would be greatly appreciated. Thank you for your help.

  • Re: Uniform Commercial Code & Rights therein

    Division 9 of the California version of the UCC deals with secured transactions generally. Within that division, sections 9601 to 9629 have to do with rights of the secured party after the debtor's default.Without more information as to what specifically has happened in your deal, I can at least give you a few general pointers as to where to look within all that law. First, look up section 9607, entitled "collection and enforcement by secured party" and 9609, "secured party's right to take possession after default."Note also 9610 dealing with what a creditor may do with the collateral after taking possession.Please note that reading a section of the UCC alone probably does not impart sufficient legal or business knowledge to carry out an enforcement of the security agreement against the collateral. There is a lot of case law and street wisdom applicable to a successful recovery after a default. Please consider getting a lawyer with prior UCC secured-transaction experience to assist you.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

• Uniform Commercial Code and Security Interest

  I own a small insurance brokerage and am involved in a breach of contract case with a large Corporation as the fellow defendant. The corporation, an insurance company, avers that I did not send a request to add a legal owner lienholder to their office as they cannot locate it, however I did send the request by fax and have provided proof to them to that effect. A claim is involved and has been denied to the lienholder because the insurer refuses to acknowledge their status as legal owner. I am searching for Uniform Commercial Code section(s) that accompany Vehicle Codes 6301, 370, and 5907, pertaining to security interests' rights; and further, that those rights supersede any others with respect to the collateral. Thank you for your help.

  • Re: Uniform Commercial Code and Security Interest

    Your question implies that the lawsuit involves a question of auto insurance. Generally, a lienholder who holds the "pink slip" has a perfected security interest in the vehicle. As for the sending of the fax to the insurance company, that is an issue of fact (whether you did or did not), although without knowing all of the issues in the breach of contract case, we cannot tell you what the impact of that fact issue would be.

    Gregg Gittler
    GITTLER & BRADFORD
    10537 Santa Monica Blvd., 3rd Fl.
    Los Angeles, CA 90025-4999

• Uniform Commercial Code

  Can a UCC Financing Statement originally filed to secure a loan, be used to offset a deficit balance in a deposit account? The loan is paid in full, but the UCC has not been released.

  • Re: Uniform Commercial Code

    We would need to review the documents to determine what rights each party has, then advise you of your options based on the review, research and consultation. The advance fee would be $500.00, which would be applied toward any services we would provide.

    Donald W. Hudspeth
    The Law Offices of Donald W. Hudspeth, P.C.
    3030 North Central Avenue, Suite 604
    Phoenix, AZ 85012-2713

• Research, Analytical Principles, and the Legal process; 1 Questions to follow

  1.State A’s Uniform Commercial Code Act2.State A’s Consumer Credit Act3.State B’s Uniform Commercial Code Act4.A federal statute – Consumer Credit Act5.Iron V. Supply Co. – a decision of the highest court in stat A6.Milk v. Best Buy, Inc. – a decision of the highest court in state B7.Control Co. v. Martin – a decision of an intermediary court of appeals in state A8.Lesley v. Karl Co. – a decision of a trial court in state A9.Irene v. City Co. –a federal case involving the federal Consumer Credit Act10.Regulations adopted by state A’s corporation Commission that apply to consumer credit and the sale of goods11.Restatements of the Law defining sales, consumer credit, and other terms related to the problem12.An ALR reference that directly addresses the issues in the caseAssume that all the cases are on point, i.e., they are sufficiently similar to the facts and issues involved in the problem to apply as precedent.Question: Assuming that all the primary authority applies to the issues raised by the facts of the client’s case, list the authority in the hierarchical order of its value as precedent.

• UCC and Sales Agreement

  A real estate broker sells his condominium (a summer home), along with all the furnishings in the condominium including a BMW 750i he kept at the condo. The sales agreement is in writing and signed by both parties and the total sales price is $950,000.Is the sales contract enforceable, and if so, is it subject to the Uniform Commercial Code?

  • Re: UCC and Sales Agreement

    Depends... possibly. Are you looking for a lawyer to enforce the agreement? If so, you may contact me.

    Christopher M. Brainard, Esq.
    Law Offices of Christopher M. Brainard -- (310) 266-4115
    468 North Camden Drive, 2nd Floor
    Beverly Hills, CA 90210

• Property paid for and not received

  In 2004 I purchased a cheerleading uniform for my daughter (approx. $200). This year (2005) the team updated the uniforms with some embroidery and rhinestones. I turned in my uniform for the updates to be made (and paid for the updates $25). We have since left the team because the of problems with the facility and coach and have requested my uniform back. The coach and owner of the team refuses to return my uniform ''until all uniform fees are paid for new items and and all items are received from vendors''. We did not order a new uniform as the old one still fit my daughter. My uniform was completely paid for in 2004. My daughter won a national championship in that uniform and I want it. I've sent a demand letter to the coach requesting that the uniform be returned to me immediately. If she does not return it, which I feel she will not, what can I do legally to get it back? Thank you.

  • Re: Property paid for and not received

    You can file what's called a Warrant in Detinue in the general district court to secure the return of your property or in the alternative a judgment against the defendant(s) for the value thereof.Proof of purchase/payment receipts for all items/services connected with the uniform could come in handy.

    Michael E. Hendrickson
    Attorney & Counsellor at Law
    211 North Union Street Suite 100
    Alexandria, VA 22314

  • Re: Property paid for and not received

    You need to file a Warrant in Detinue, which isa lawsuit for the return of tangible property.Go to the clerk of the court in your county andask for the right forms. Although the clerk willbe very reluctant to give you anything remotelysound like legal advice, if you ask them how tofill out the form you will learn a great deal.The trickiest part of your case will be decidingwhom to sue... the school? the coach? theteam? the team probably does not exist as a legal entity. The coach may not necessarily be the on who actually has it. You may haveto sue a number of people at once to findout who is the right one.

    Jonathon Moseley
    Office of Jonathon Moseley
    107 South West Street #417
    Alexandria, VA 23214-2824

• What is legally a commercial water heater

  Is a commercial water heater defined legally by it's primary intended (typical) use or by it's inappropriate use in a residence?My home warranty insurers are denying a claim to replace my water heater because it is ''commercial'' and policy .''does not cover commercial systems or equipment modified for domestic use''.They agree the equipment has not been modified, is appropriate and fuly compliant with code for my home. However because it is described by the manufacturer as being typically used in commercial applications they are denying coverage.Are they right?Many thanks

  • Re: What is legally a commercial water heater

    The insurer is wrong. The plain language you quoted requires a modification to have occurred. There was none, so the exclusion is not applicable.Was this part of the house when you bought it? And "typically" used for commercial purposes is not synonymous with "exclusively." The whole warranty agreement would have to be read to make sure, but I suggest you write to a supervisor and demand coverage.By the way, what happened? Did the unit fail? Was it improperly installed - did it leak damaging other property, or??? That is why the exact coverage of the warranty policy must be reviewed - coverage and exclusions therefrom must be viewed in the context of the actual loss, never in the abstract.

    Steven Murray
    Steven W. Murray, APC
    14930 Ventura Blvd., Ste. 205
    Sherman Oaks, CA 91403

  • Re: What is legally a commercial water heater

    Your home warranty insurers are all wet. If their policy language excludes coverage for "commercial systems or equipment modified for domestic use", that exclusion does not reasonably apply to a water heater installed in your house without modification, that complies with code, just because that heater is typically used in commercial applications. If they went to court with that argument (and you had a good attorney), they would lose. I'll bet their attorneys haven't seen this claim; when they do, they will likely advise the claims department to back down. They may not, though -- I've seen some pretty stupid decisions by insurance company attorneys.Basically, the rules for interpreting a provision in an insurance policy are: (1) if the language is perfectly clear, then it means what it says; (2) if the language is not perfectly clear, the court looks to your reasonable expectations: if you reasonably expected something to be covered, then it is covered; (3) if the language is ambiguous, you get the benefit of the doubt because they wrote it.Here, the language is not perfectly clear, so the judge would look to your reasonable expectation. I think at least nine times out of ten, the judge would find you reasonably expected the policy would cover your water heater. If you have any questions, please give me a call a (626) 744-7787 or email me tlogan@earthlink.net.

    J.Thomas Logan
    Logan Law Office
    115 W California Blvd Suite 155
    Pasadena, CA 91105-3005

• Dress Code Restrictions

  I work in a clerical environment in a small family owned business. There is a "dress code" that says what forms of attire are not acceptable for women and men workers. If the employer does not provide me with a uniform, can the employer require a "dress code?" I have seen employees dress in a manner that is contrary to the "dress code" without being told about it. This leads me to believe that 1) it is not enforcable or 2) it isn't worth the effort to enforce. What does the law say?

  • Re: Dress Code Restrictions

    Most dress codes will probably be upheld by the courts, with the exception that in most cases a company cannot prohibit a woman from wearing pants in place of a skirt, but even here there are exceptions. See CA Govt. Code Sect. 12947.5.

    Joseph Posner
    Joseph Posner, Inc.
    PRACTICE CLOSED
    Encino, CA 00000

• Personal Property Sale vs. Commercial sales

  I'm a defendent in a lawsuit. I sold a personal property item that i had for 20 years. The Plaintiff claims i am in business selling used parts. I am not part of any business selling any kind of parts. The item was purchased for $12,100 (not a motor vehicle) and payment was made in my name. The suit is for that amount. Their attorney claims breach of contract under California Commercial Code. Shouldn't California Civil Code 1624.5. apply (a) Except in the cases described in subdivision (b), acontract for the sale of personal property is not enforceable by wayof action or defense beyond five thousand dollars ($5,000) in amountor value of remedy unless there is some record. This was an oral agreement and they do not have a written contract or my signature. How does the court determine which code applies? Since their complaint is based on California Commercial Code, and they can not prove i'm a business, are there legal grounds for dismissal? Thank you.

  • Re: Personal Property Sale vs. Commercial sales

    The burden of proof is on the plaintiff, and if you believe they cannot prove the elements of their case, the only way to get that point across in court is to defend and answer the complaint and go forward to trial and possibly try to get a summary judgment before trial. Incidentally, payment made to you is a "record" of the transaction--they do not need a written contract or your signature.

    Judith Deming
    Deming & Associates
    5334 E. Chapman Avenue, Suite 100
    Orange, CA 932869

  • Re: Personal Property Sale vs. Commercial sales

    You may have valid defenses, that if properly presented will prevent plaintiff from getting a judgment against you. You may have grounds for various pre-trial motions such as demurrer, motion to strike, motion for judgment on the pleadings, etc. Your problem is in thinking that sympathetic 'handy hints' from LawGuru are somehow going to do the trick. Unless you know how to effectively deal with court pleadings requirements, pre-trial and trial procedures, evidence rules, etc., those hints won't do you any good. You can't waive a print out of the hints at the judge. Unless you know how to function as a lawyer, going up against a lawyer out to get judgement against you, you need a real one. I recognize the problem is one of expense - $12k claim vs cost of legal fees. Regardless, the best advice is to get an attorney to help you, quickly. If the case is in SoCal, feel free to contact me.

    Terry A. Nelson
    Nelson & Lawless
    2134 Main St., #130
    Huntington Beach, CA 92648

  • Re: Personal Property Sale vs. Commercial sales

    There is no Civil Code section 1624.5. There was a Civil Code section 1624a, but that was repealed in 1963, and the repeal became effective in 1965. That was before we allegedly walked on the moon.The provision that you are referring to comes from what is known as the Statute of Frauds. The specific section that you are referring to was in the English statute in 1677. The provision you speak of refers to contracts for the sale of goods in excess of $500.00. This was in UCC section 2-201.The section you refer to is actually codified now at Commercial Code section 2201.If you do have this defense, you may be able to assert it by way of demurrer. I would have to look at the complaint and the exact statute to tell you whether or not this applies.There are a number of exceptions to the statute of frauds, chiefly estoppel and what is known as a fully executed oral contract. These provisions tend to mystify some lawyers, and judges do not like someone asserting the statute of frauds to get out of an actual contract that they got into. (In other words, no judge in his or her right mind is going to let you keep the money if you ripped someone off, regardless of whether your contract was in writing or not.)You may want to speak to an attorney about your case, before you get into hot water with any preconceived ideas. I would be candid with the attorney, because anything you "forget" to tell him, the other side will be more than happy to bring out later.Very truly yours,

    Anthony Roach
    Law Office of Anthony A. Roach
    18553 Clark Street #105
    Tarzana, CA 91356-3439

• dress code

  can a company make you wear what they consider a uniform, after giving printed material that tells you that there is no dress code

  • Re: dress code

    They probably cannot "make you." You have a choice between following their request, or risking termination. A dress code is rarely going to be a legal issue.

    Scott Riddle
    Scott B. Riddle, Attorney
    Suite 3250 One Atlantic Center, 1201 West Peachtree St., NW
    Atlanta, GA 30309