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Questions Answered by Maurice Mandel II
1 Answer | Asked in Landlord - Tenant for California on
Q: Served a 30 day notice to vacate and can't afford the rent do to pandemic. What rights do I have during covid 19

Should I treat this as a eviction?

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

This notice may be invalid because if this is a residence, the minimum notice is 60 days, not 30, except in special circumstances. If you were there at least one year, you may also be entitled to a move out allowance equal to 30 day's rent. You should consult with a local Tenant's... Read more »

1 Answer | Asked in Copyright for California on
Q: I have already asked this question. How do I use a person's name in a screenplay without asking for permission?

I need to mention this person in the screenplay I am writing. Can I change the name and use it?

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You have asked this same question on at least 7 postings on Justia. First, it is not Copyright. A private person's name is not copyrighted. So when you post over and over and over again in Copyright, the notices of your posting never go to attorneys handling claims of defamation, which is... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord gave us a 60day notice of termination of tenancy.... we’ve lived here for 17years I just think 60days is not

Enough time....what happened if I can a place on time

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

60 days is the minimum amount of time required by law. Your LL may not have told you that you are also entitled to a move out allowance equal to 30 day's rent since you were there more than one year. If you want more time, use that to negotiate, saying you will waive it if he gives you... Read more »

1 Answer | Asked in Animal / Dog Law for California on
Q: My boyfriend had my dog for the afternoon and he ended up getting arrested and dog went to shelter. How do I get her bak
Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Go to the shelter with proof of ownership.

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1 Answer | Asked in Family Law for California on
Q: Can I drop both my middle name and last name after marriage

I have 2 last name my moms maiden name as my middle name and my dads last name as my surname I’m wondering if I can drop them both

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

This would require an application for a name change. You don't get to do this legally just by marriage, actually, you now have 4 names. IMO the current trend is to keep your birth name b/c you get a passport or CDL issued in it and can prove your ID by a birth certificate. Then those... Read more »

1 Answer | Asked in Federal Crimes for California on
Q: I, live in a Senior Citizens Sec 8, Apt. Apartment directly above mine usetlized for drop off/ pick up, drug smuggling,

Managers, know about it, but claim cannot evict because Covert 19,ban evictions. Is this true, and what are my renters rights? Thanks, Mary Bailey

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

This is a police matter. Report the crimes to the police. BTW- this is an anonymous site unless you post your name, which is not advisable. Your LL could be reading this. Do not post personal information, including your name, address, phone, email address or YOUR SOCIAL SECURITY NUMBER OR BANK... Read more »

1 Answer | Asked in Family Law for California on
Q: My friend has a DVRO against her. Can it be temporarily waived so she can respond to a dissolution of marriage?

After a minor altercation, my friend’s husband filed a DVRO temporary restraining order against her. She ignored it and now there’s a 3-yr DVRO against her. Now her husband has filed for dissolution of marriage. She wants to pursue mediation. Can the DVRO be waived just for the duration of the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Your friend needs to deal with her own legal problems and not rely on you to post important legal questions on a public website. Friend needs to hire a family law attorney to assist her. Many are available in your area at a variety of rates. Friend needs to research this and not represent... Read more »

1 Answer | Asked in Uncategorized for California on
Q: I loaned my sister $40,000 and she is refusing to pay me back.

My sister had property in foreclosure so I loaned her $40,000 that I borrowed from my father-in-law on a promissory note in my name because he didn’t know her. The money went directly into her checking account. I paid off the note. Now she doesn’t want to pay me back. Is there a way for me to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Sue her. Of course, you have her signature on a document promising to repay, just like a bank would have if it loaned $40,000, right? Because if you are going to act like a bank, of course you took all the precautions that a bank would take including a trust deed securing your loan with the... Read more »

1 Answer | Asked in Uncategorized for California on
Q: 7.5 hours shift in California with one or two many rest breaks

Hi! I'm a part time worker with 38 hours/week. My shift 10am-6 pm every weekday. My employer provides one unpaid 30 min lunch and one paid 15 min. rest break, which are not fixed, so some time I have to work continuously for 3 hrs 45 min. Do I qualified for a second rest break?

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

YES. You are entitled to a 10 minute rest break for each 4 hours worked or "or major fraction thereof"., as close to the middle of the 4 hour period as practicable. This means one break after 2 hours, and one break after 6 hours, on the clock. 3.5 hours of 4 hours is a "major... Read more »

1 Answer | Asked in Contracts, Mergers & Acquisitions and Real Estate Law for California on
Q: Can I revise my lease if ownership is changed?

I renewed my lease a month ago which goes into effect in two days. Today I was informed that ownership and management has changed as of today. All of the rent prices dropped significantly. Am I stuck for the next 15 months paying the higher rent which I signed or since there is new ownership can I... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Go see them and negotiate a change in your lease to upgrade your apartment or get a reduction. If they won't do it, sue in small claims for the difference over the term of the lease or see a local Tenant's rights attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Real Estate Law for California on
Q: Are we stuck in the Purchase Agreement?

Seller signed Disclosure form on Feb 20 stating that there were no septic problems. Seller had septic inspection on Feb 25 indicating a new septic tank is needed. We (buyers) signed Purchase Agreement on Feb 28. We signed Disclosure form on Mar 3 and shortly after removed inspection and appraisal... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You need the assistance of a Local real estate attorney to get this resolved. No one is bound by any answer you get on this website. IMO they concealed a defect with knowledge. You may be able to void the agreement.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Products Liability and Lemon Law for California on
Q: January 31st 2021 and two days later it brokedown blown head gasket

January 31st 2021 and two days later it broke down I had to get it towed at my expence and have coils replaced the dealership that I purchased it from. When i picked my car up the mechanic told me that they just replac

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Consult with a local Lemon Law attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California on
Q: My partners ex wife is abusive and not doing whats best for their children and attacking mine.. what can I do??

Unsanitary living situation

Child neglected and used as pawns

Threatening texts,phone calls and emails. History in van nuys court house

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You can certainly get a restraining order against her as to your children. Suggest you consult with a local family law attorney ASAP.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for California on
Q: What happens if a mediator sends your documents of your visitation custody agreements to a third party, someone’s email

Someone received the email and notified me that they got sent my private documents

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Possible violation of your right of privacy by the mediator. Court appointed mediator? You need to report this to the Court it is a big deal.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Landlord - Tenant for California on
Q: I gave a 30 notice mid February making my 30th day the 17th but I moved out the 11th, do I have to pay the 17 day rent?

The 30 day notice says pay the full months rent and the rent will be refunded according to date you vacate. I vacated the 11th but management said I must pay up to the 17th because that is my 30th day. Why should I have to pay extra because of February being a shorter month? Also it says refunds... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Yes.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Employment Law for California on
Q: How responsible is bar manager if a customer threatens physical harm to an employee and the owner allows customer to sta

a customer at the bar I am manager at has threatened multiple employees with physical harm. I told the owners of the issue and they are allowing the customer to continue to come in. she has hit a Security guard in the face already. I have been arguing with them for a month about this. We agree she... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You will be a co-defendant in any lawsuit, so you better be ready to prove up these communications with the Owners to keep this customer out. You have letters? Emails? texts printed out onto hard copy? Witnesses to verbal conversations? No, then your exposed to potential liability. At best, you... Read more »

1 Answer | Asked in Family Law and Criminal Law for California on
Q: I told my therapist about my step daughter being sexually abused by her borther, I know there is confientiality, for me?
Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You should speak with a local Criminal Law attorney. Do not post any more on a public website. As the step parent, if you are aware of sexual abuse, you could be exposed to a number of kinds of problems, unless you take actions to stop the abuse, which may include reporting the brother to the... Read more »

1 Answer | Asked in Family Law for California on
Q: my last name on Birth Certificate and last name i was raised under dont match, how wouldi legally prove im me?

my mom moved in with my step dad when i was 4 i think when i started kindergarden she just changed my last name to his. This was 1960 and nothing was really needed to register a child in school. i cannot get real ID without legal proof of name change because there isnt anything documenting it!!

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

1. Get real ID in your legal name, or; 2. File for a change of name then change Real ID, or; consult with a local attorney handling Name Change applications or Family law.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I was not present at the permanent hearing does the court still have to give me notice temporary judge is going to rule

My stepmother listed my address as hers and was granted a move out order for me she does not live with me. She put my fathers address where I live maliciously to sabotage me taking care of my father who is very ill and she moved out.prior to seeking restraining order

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

NO.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I was not present at the permanent hearing does the court still have to give me notice temporary judge is going to rule

My stepmother listed my address as hers and was granted a move out order for me she does not live with me. She put my fathers address where I live maliciously to sabotage me taking care of my father who is very ill and she moved out.prior to seeking restraining order

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

NO.

Justia disclaimers below, incorporated herein.

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