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Questions Answered by Maurice Mandel II
1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Can you modify a permanent restraining order

Protected party does not live at the address the move out order was issued

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

Yes, by Court Order.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Uncategorized for California on
Q: Am I responsible for this.

I rented a car from turo, and it was stolen. I tried to make a police report. The owner of the car was notified and the police officer even talked to her. The officer ended up telling me that I was not able to make the report because I am not the owner. The following day and investigater called me... Read more »

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

It Depends. What does your rental agreement say? Were you negligent in securing the car so that it got stolen because of something you did? They will present you with bills and maybe even sue you for it, but they may not be able to get the award. Of course you kept the name of the police... Read more »

1 Answer | Asked in Tax Law for California on
Q: Me and my wife is not divorced or legally separated she is kept all the stimulus checks is there anything I do

as married and I'm always ahead of household she always thinks you can just do whatever she wants and get away with it all I want is what is mine my portion not the kids and not hers what can I do to get my portion

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

Take her to Small Claims court.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Im an ex tenant and received a letter called Notice of restricted access?

The letter was mailed to the wrong address and filed in a different city

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

You should contact a local Tenant's rights attorney to show him this letter and discuss.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Traffic Tickets for California on
Q: I was stopped on a public street making a left turn into a private driveway. Got ticket for blocking street. Really???

The ticket was for 22400 California, BLOCKING ROADWAY. The road was one lane each way public street. Yes, it was a narrow road, cars could not pass until I turned into the driveway. Coming out of the drive way was a car with a guy looking at his lap. (using phone I guess). I beeped the horn, he... Read more »

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

There are many attorneys who specialize in representation on Traffic Tickets. You should consult with one of them. If you read the code section and do not believe you were in violation, you should fight the ticket. It will be a point count on your driving record and you could end up with an... Read more »

1 Answer | Asked in Divorce for California on
Q: Hi I have a question me and my wife divorced in 2008. During the divorce the judge ordered the house to be sold

Hi I have a question me and my wife divorced in 2008. During the divorce the judge ordered the house to be sold and split 50/50 but we had kids under the age of 18 so I decided that I would allow my wife raise our kids in the house tell they youngest turned 18. That already happened and now I... Read more »

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

Consult the attorney who handled the divorce. If none, then contact a local family law attorney first. It is never a good idea to just disregard a Court Order. You could be in contempt. If you were representing yourself and did not put the subsequent agreement into a clear writing with your... Read more »

1 Answer | Asked in Copyright for California on
Q: I think it would be fun to mirror-write the saccharine babysitters club series so that it's about a witch/vampire club.

I think it would be fun to mirror-write the saccharine babysitters club series so that it's about a witch/vampire club instead. This would mean different characters, genders, and a different genre, but the writing structure would be mirrored. For example, the original says:

Need a... Read more »

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

You need to confer with a local copyright attorney.

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1 Answer | Asked in Animal / Dog Law for California on
Q: My husband found a dog. Wasn’t chipped. I posted on several media sites. Several people came forward.

I returned to someone that came forward with vaccination records the very next day. Someone almost week later claims dog was theres. I didn’t keep any information on other people I gave to. Now I am being harassed by them. I had no idea it would come to this. I tried to do a good thing and... Read more »

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

No good deed goes unpunished!! Didn't think it was a big deal? Have you read all the entries on Justia in Animal/Dog Law and seen the way people go crazy about their animals! You were trying to be a good Samaritan, but you didn't call animal control first to see what you were getting... Read more »

1 Answer | Asked in Family Law, Elder Law and Probate for California on
Q: If 2 people are Co - Trustees & POA. If one person oversteps their Fiduciary duty to change Beneficiaries on an annuity?

The Trustor is still alive but incapacitated. Is that illegal?

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

Possibly. And it could even possibly be Criminal Elder Financial abuse. You should consult with a local attorney in Conservatorships/probate/elder law.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Landlord - Tenant for California on
Q: What are my rights?

My boyfriend asked me and my child to move into the home that he owns 5 years ago. We share all of the bills costs, but everything is in his name. We haven’t been getting along very well and 3 nights ago while I was at work, he was arrested for his 3rd DUI. According to the sheriffs website, he... Read more »

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

Very, very complicated situation. You may have property rights and possibly even a right to support under a case called "Marvin v Marvin" from 1976. You are an unmarried, cohabiting person who has pooled her money with the home owner, you may have acquired an interest in his house.... Read more »

1 Answer | Asked in Tax Law and Real Estate Law for California on
Q: Can anyone pay the taxes on a property that has not been lived in for several years and gain rights to the property?

If a property tax becomes delinquent on a property which I do not own and which is uninhabited, and I pay that tax, do I then have a right to entry on to that property?

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

Not unless you buy the property at a tax lien sale. You should contact a local RE attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Employment Law for California on
Q: Former employee filing false claims against employer.Does employer have to provide attendance records upon her request?

A former employee filed a claim with the Labor Commissioner claiming 9 days of paid sick leave against her former employer. Her attendance records did not match with the dates she claimed she was sick. She was actually working on most of those 9 days that she is claiming. She is now demanding her... Read more »

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

A Labor Commissioner claim is not a Lawsuit, so the law you quote does not apply. I also think you have not looked at all the law and have misquoted the law. Labor Code 226 gives an employee the right to receive her wage and hour records on a request by her or her attorney, within 21 days and if... Read more »

1 Answer | Asked in Consumer Law and Appeals / Appellate Law for California on
Q: If I won a small claims judgement in small claims court in California,the Defendant decides to file an appeal on the

31st day, the judge ordered the judgement on January 11,2021 and the defendant filed on Feb 11,2021, therefor bringing it to 31days

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

May be untimely, depends on how the notice of judgment was served. Add 5 days for service by mail. Path of least resistance, bring it up at the appeal hearing by filing a motion to dismiss late appeal, the Judge should hear that first, and rule on it then go to the main case. Be prepared to... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: if a tenant is ordered to vacate from the home by emergency order do I still have to evict them?

Tenant move in a couple. 2 days later at another location He domestically abused her. She was granted a emergency order requiring him to vacate premises. When released from jail he went to the property and again was arrested for violating the order and evading police.

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

Short answer, yes. I would suppose if you used a standard Realtor form lease, having this restraining order would disqualify the restrained one from occupancy and be a violation of the lease. 3 day notice. You may not be able to evict the non-restrained person but if they cannot pay the rent you... Read more »

1 Answer | Asked in Identity Theft for California on
Q: The mother of my children is from a different country is here illegally and is using a dead famaly members identity.

How would I handle this at court.

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

Interesting question, but lacking in details. First, what court? As Plaintiff or Defendant? Criminal or Civil? Can you steal the identity of a dead person? Probably so, but who gets to complain? Do you have to initiate a Probate? Or are you seeking to have the mother of your children criminally... Read more »

1 Answer | Asked in Copyright for California on
Q: Can I use a real person's name in a screenplay without their permission?

I am writing a biographical screenplay about my mother. Her first husband, not my dad, cheated on her. That's why she divorced him. She met, and married, my father later.

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

Not a Copyright issue, it is a Libel issue. If you name him and get the facts wrong, you may be looking at libel litigation.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Can you increase the amount of damages requested after the initial filing in an arbitration

Initial filing was limited due to misunderstanding the limits in the arbitration.

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

Possibly. Insufficient information to determine. The sooner you ask to increase and notify the other side, the better.

Justia disclaimers below incorporated herein.

1 Answer | Asked in Divorce for California on
Q: Can I sue my ex-husband for disposing of my pre-marital personal property?

Left household. Took most of my property but had pre-marital items in garage. Went to retrieve property on an arranged date but ex started claiming what I was taking was his then he called the police. Cops said I will have to wait for court to decide but per my atty. I probably won't get... Read more »

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

When you were denied the right to retrieve your property, your attorney should have filed an RFO with a list of the property and ask the court to restrain H from disposing of it while the dispute was settled. It sounds like you already have legal counsel. But I will say that your attorney cannot... Read more »

1 Answer | Asked in Uncategorized for California on
Q: poa was granted 12/12/20 do to mental incompetence. individual filed a restraining order on their own 1.22.21

is this Ro valid? shouldn’t it have been filed by whoever took the power of attorney?

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

You confuse the powers and rights between a Power of Attorney and a Conservatorship. The grantor of a POA does not lose the right or power to act on their own, they merely appoint another person to be able to exercise equal powers. In a Court granted Conservatorship, the person could lose the... Read more »

1 Answer | Asked in Tax Law for California on
Q: Started a new religion; got an EIN. Should I apply for tax exemption in the (no members) beginning or wait?

I'm thinking I should apply for the 501(c) (3) status in the very beginning with no members or place to "worship" because in the beginning the IRS won't see me as anything that could be taking monies they could otherwise be taxing.

For example, if I'm just... Read more »

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

The earlier the better. Then you have time to work out any snags.

Justia disclaimers below incorporated herein.

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