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Questions Answered by Maurice Mandel II
1 Answer | Asked in Criminal Law for California on
Q: My brother was caught with ammunition he has 2 strikes on his record but he’s also diagnosed schizophrenic fears 4 life

With him being a schizophrenic and thinking everyone was trying to kill him he’s also a crystal meth addict he found the ammunition n kept it for protection but he had no firearm he had a paintball gun… he was just accepted to a rehab program in San Bernardino county what can we do so he can... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

If your brother is charged with a crime or a parole violation, he needs legal representation. He may be entitled to the services of the Public Defender's offices or he will need to hire a private attorney to represent you. Cannot answer these specific questions posted here with out full... View More

2 Answers | Asked in Employment Law for California on
Q: I had bi-polar and I had told my employee verbally with Dr's notes before and after termination, but still terminated

I had bipolar and I had told my employee verbally with Dr's notes before and after termination, but still terminated.

I just could not find the email that could keep the communication words " I had bipolar" on paper though only Dr's accommodations leave both before and... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

Both Federal and California laws protect employees who have physical or mental disabilities who can still perform the essential functions of the job. These cases always involve problems of proof. You can file a claim with the DFEH and they may investigate, however, you best chance is to find a... View More

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2 Answers | Asked in Municipal Law for California on
Q: I had a tree removed and the park charged half of the bill. What can I do to get back the money they charged me ?

The tree removal service that removed the tree deemed it dangerous and affecting my home fondation.

The bill was $1000.00 and the park charged me half $500.00

If I read the law and understand it, I should have not had to pay half of the bill Park should have paid the full bill.

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

Thanks for your submission. Unclear why the park charged you to remove the tree, or which law (remember there are many, many, many books of laws- you need to point out which one you found) you are referring to. You should take all the documentation to a local attorney for a consultation. The... View More

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: We need to know our options.

Worker was paid cash, he fell off ladder and hurt himself. Went to the hospital he told them he was hurt at home ( this was about sept oct 2022). As a result of injury he can no longer work. What is the consequence of 1. turning into insurance now, 2. giving him some cash or 3 ?? I think he is... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

There may also be an issue of whether he was entitled to have you provide worker's compensation coverage. You probably thought that he was an independent contractor but the law may see it differently. Payment without any written settlement agreement and release could be bad for you later, if... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: What can I do in defense of a property owner promising me the property if I clear it and now is trying to evict me

I've been on the property for 2 years I was told to clear the property and protect it from transit from living on it and in exchange I would be able to rent to own it. Now she's trying to evict me without payment or property what can I do in defense

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

You should also consider that the owner of the property may owe you wages for the time that you worked on the property. You can file a claim with the Labor Commissioner, and recover wages for the prior 3 years, along with substantial penalties, liquidated damages doubling the unpaid wages, etc.... View More

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Does a person have to fill out a form to give away their cut of an estate?

When my mother died, my older brother did not want anything to do with her estate because 1:he did not like or want anything to do with her and 2: she didn't have much. He told me to go ahead and sign for her bank account and anything else it's all mine. So now I am due an inheritance... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

If mom died before grandfather, she cannot inherit from him, only live people inherit. The issue is what does Grandfather's estate plan say. If Grandfather left property to you mom "or her heirs." you and brother could be inheriting directly from grandfather, and his waiver may... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Regarding unpaid wages, is the labor commission office my only option?

I was hired and worked few days & allegations of drug use came up.I believe my employer took the fact that I’m on formal probation as a way to not pay me thinking, I wouldn’t do anything out of fear. fast forward. She is blowing up my phone & acting like my best friend cuz this week we... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

Sorry to hear you are being treated this way. I have practiced this kind of law for over 35 years. You are ENTITLED to have an attorney represent you at the labor commissioner, but you are responsible to pay the attorney, or you can represent yourself. The reason to have an attorney is that a... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Hello, I have a friend who is now blind due to eye surgery and seek legal recourse in order to regain his sight

he has been dealing with the eye doctor who messed up his sight for over a year the Dr. tells him he can fix it that it just takes time to do it. all my friend wants is his eye sight back he doesn't care about money or malpractice he just wants to see again, I believe the Dr, is just jacking... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

A medical malpractice claim has a very limited time in which an action may be brought in Superior Court. There are also requirements that a warning letter be sent beforehand. Whether your friend wants a lawsuit or not, he needs to consult with a medical malpractice attorney in your local area,... View More

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1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Texas on
Q: I was coerced by a judge into taking a plea on a charge.

I was arrested and had to post over $720 in bonds to get out jail for 2 no registration tickets and a disorderly conduct ticket. One no registration ticket I was guilty of. The other was dismissed. The disorderly conduct ticket was issued to me by a police officer that was not at the scene when... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

The "mediation" with the prosecutor is not a trial, you are not entitled to confront your accuser, therefore your rights were not violated. You were entitled to be represented by Counsel at that proceeding, did you have a PD? Private attorney? Why not? You need to speak with a criminal... View More

1 Answer | Asked in Traffic Tickets for Arizona on
Q: I have court tomorrow for a traffic citation and I’m out of town. What should I do?

I have court tomorrow for a traffic citation (unsafe lane change) I request a continuance last week and haven’t heard back. I am currently unable to make it to court tomorrow because I am out of town for work. I’ve called the court and the city clerks they both said they can’t do anything and... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

Call in the morning about 10 minutes before your appearance time. Check the court's website for the courtroom that you are assigned to and be sure that you are speaking with that courtroom's clerk. Is isn't a city clerk, it is a courtroom clerk. Or hire a traffic ticket attorney.... View More

3 Answers | Asked in Foreclosure, Landlord - Tenant and Small Claims for California on
Q: Am I entitled to my portion of the money given to move out?

While living in a home that goes into foreclosure as a tenant with the home owner who also resides in the home we were given the “cash for keys” option. The owner had the parties residing here sign the agreement that when accepted gave the homes occupants (3in total) 15,000 dollars to aid in... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

It depends on the agreement that you signed, whether you are entitled to that money. I would think you are at least entitled to your statutory move out allowance of 30 day's rent if you were there more than 1 year. You should have contacted an attorney before signing any significant agreement,... View More

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3 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Coworker published fake review about me on yelp, employer knows it’s her but won’t do anything because has no proof

One of my coworker was recently hired. She’s the wife of one of the supervisor, no work experience no knowledge of language. She was hired for my same job, and given one of my best shifts. After she created a multitude of problems with customers and coworkers, employer reduced her shifts to only... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

It sounds like your employer is retaliating against you for reporting sexual harassment by your co worker. This is prohibited by law. You should contact the Department of Fair Employment and Housing and you can submit a complaint with them over the internet, or have an employment law attorney do it... View More

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3 Answers | Asked in Traffic Tickets for California on
Q: making a left turn to leave coronado ,car in front wasn't going.made left got 22107 21650 21460 for one mistake. Why ?

cars were honking, I guess person in front wanted to teach a lesson. I waited a minute then cut behind him and made my left . Cop was just waiting. Said he does it all day.Said he could have charged me for 4 counts. He charged for three. Why so many for one mistake? should I go to court and explain... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

Traffic citations often have multiple counts, but not usually for exactly the same offense. For instance, if you are solo in the car pool lane, that is one offense; if you crossed the double white lines to get into the lane, that is a second offense. You can be charged with both. You should appear... View More

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3 Answers | Asked in Employment Law for California on
Q: Manager erred when offering me a position

My new employer erred and did not confirm if I was barred. I accepted a position and moved to Los Angeles based on interviews in which I stated my status was ‘bar pending’ as well as stated that on my resume. I was not asked, and, never provided a license number. My manager is insinuating that... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

What do you mean "barred?" You mean restricted from performing that kind of work? If you cannot perform the work because of a court restriction or an absence of license, you may have some problems. However, there is Labor Code 970 that prohibits an employer from inducing you to move... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I was charged with second degree burglary, bailed out, I've had police reports made against me is that an enhancement?

While being on bail I've had a few police reports made against me and one stay away order wich they never showed to court to make long term restraining order.yet I've had zero police contact or interaction would that be an enhancement of my bail and can I be held on no bail when I appear... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

First, nothing you are told on this site is binding on the government. If you think you have a criminal law problem, you need an attorney, the last thing to do is represent yourself and decide to get an attorney after you are sentenced to jail. You should contact an attorney practicing in this... View More

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1 Answer | Asked in Small Claims for Alaska on
Q: I had lost peace of luggage that Alaska Airlines FedExed to me and FedEx delivered it to the wrong address who is respon

who is responsible for reimbursing

me for the contents

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2023

Depends on whether FedEx was given the right address by Alaska. They may both be responsible. Sorry to hear you lost your luggage, air travel is stressful enough without losing luggage these days. You might consider contacting FedEx to see what their claim procedure is, if not satisfied, consider... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: In a Colorado civil case, can the court rule ex parte on a motion for extension of time to file response to discovery?

Opposing counsel filed motion for extension of time on Friday evening. It states that I am opposed to the motion. I found his email with his motion Saturday evening; I filed my response Monday evening with the court and opposing counsel. He advised me that the court had already granted his motion... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2023

An Ex Parte application is basically a motion with shortened notice to the opposing side. You are usually told exactly the date, time and place where the motion will be heard by the Court so you can go there, personally or remotely, to present your opposition. You can search for the rule on google... View More

2 Answers | Asked in Probate for Tennessee on
Q: Hi, my name is Crystal and I just lost my father on May 25th. And was needing information about an instrument/document

My brother is wanting me and my other oldest brother to sign an instrument and I'm not sure what it means. Remind you this brother has been extremely rude and has left very disturbing messages to me and my oldest. He is wanting everything or nothing pretty much and I feel as if it should be... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2023

Very sorry to hear of your loss and your brother's behavior at this time. You really need to contact a PROBATE LAW attorney in your area right away, particularly if your father had any substantial assets like a house. Justia really isn't a place to get legal services, there are many... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Washington on
Q: Am I required to pay the full month's rent if I only lived in the unit for 14 days at the property manager's request?

Am I required to pay the full monthly rent if I only lived in the unit for 14 days? I requested to get my bathroom/kitchen vinyl replaced & the contractors discovered mold underneath the vinyl. I was asked to leave my apt during repairs which last 16 days. I was not aware of any leakage but my... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Argghh! The leaky toilet seal case. Toilets sit on a "Wax ring" that seal the flow between the toilet and the sewer pipe. if it becomes dislodged or there is some other problem, there will be a leak into the floor that you don't always see, it goes into the floor under the ring. If... View More

1 Answer | Asked in Collections and Traffic Tickets for Washington on
Q: A collection agency is asking me to pay a traffic fine from Italy in 2017. Do I need to pay this?
Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Did you get a ticket in Italy in 2017 for driving? This sounds like a possible scam. Be very wary of this "agency" research them on the internet before you give them any money. The other question is "do you plan to return to Italy?" The Italian Highway Patrol (or whatever... View More

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