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Questions Answered by Alexander C. Safarian
1 Answer | Asked in Insurance Bad Faith for California on
Q: Can an Umpire in a California Insurance Code 2071 Appraisal suspend or terminate the Appraisal between the parties?

Umpire hasn't ruled on differences presented by each appraiser, yet he has suspended the appraisal and threatens to terminate it because the insured is unable to pay the umpires invoice for service up to just prior to the hearing.

Additionally, the invoice is being contested because... View More

Alexander C. Safarian
Alexander C. Safarian
answered on Jan 5, 2023

Under California Insurance Code Section 2071, an umpire appointed to participate in an insurance appraisal has the authority to suspend or terminate the appraisal process if necessary. The umpire may take this action if it becomes apparent that the appraisal process is not being conducted in... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord go into your yard and Continueously throw my things away without my knowledge ?

And or send all my mail back without knowing,saying I don't live their,due to paying owed rent?

Alexander C. Safarian
Alexander C. Safarian
answered on Jan 5, 2023

In general, landlords do not have the right to enter a tenant's yard or throw away a tenant's belongings without the tenant's permission. Landlords must generally give advance notice before entering a rental property, unless there is an emergency or the tenant has given prior... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I sue my landlord for forging my initials and signature on a lease contract I never signed?

My landlord never gave me my contract to sign and after a year he was trying to evict me and so we went to court and he showed a contract that I "signed electronically". I never signed this contract, what can I do?

Alexander C. Safarian
Alexander C. Safarian
answered on Jan 5, 2023

Forgery by definition, is illegal and a landlord cannot forge a tenant's signature on a lease agreement or any other document. If you believe that your landlord forged your initials or signature on a lease contract that you never signed, you may have grounds to take legal action against your... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: Is a formal eviction necessary to be removed from a motorhome being stored on a commercial property.

Would the eviction process be used to remove tenants from unlawful residency..?

If code enforcement were involved would it be necessary for them to evict tenants..?

Alexander C. Safarian
Alexander C. Safarian
answered on Jul 10, 2021

We need more facts to give you a certain answer but it is likely that you will need to file an unlawful or forcible detainer action to remove the dwelling if it is occupied as a residence.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can my apt manager keep the pool and playground closed,at the same time increase my rent?

The pool has been open a total of apprx. 2 1/2 mo. Since my 4 children and I moved in April 6th 2019. The pool man comes like clockwork every week to maintain the pool.The playground has been taped off since the beginning of the pandemic. There are no plans of reopening. My rent has gone up 3 xs.... View More

Alexander C. Safarian
Alexander C. Safarian
answered on May 24, 2021

It depends on what your lease says about the amenities. Typically, amenities are not included in the lease and would have no bearing on your rent. You can ask your landlord about this and see what their position is.

1 Answer | Asked in Landlord - Tenant for California on
Q: I received a summons on Wednesday for unlawful detainer eviction what do I do now
Alexander C. Safarian
Alexander C. Safarian
answered on May 24, 2021

You should consult with an attorney that specializes in landlord-tenant law immediately. Unlawful Detainers have short response times. If you were served personally with the summons, you must file a response in 5 days or you may be defaulted which means you can lose the case.

1 Answer | Asked in Divorce for California on
Q: Hello my husband filed for divorce in Mchennry County and i am currently living in California but my id from Illinois.
Alexander C. Safarian
Alexander C. Safarian
answered on May 24, 2021

We need more information to help answer any questions you may have.

1 Answer | Asked in Civil Litigation for California on
Q: i signed a contract to provide services to a shipping company in Washington,DC. My rate of pay base salary was $1600 and

I was to be paid base salry and $50 for each pkg I mailed out. I filled out a w4 and was never paid. Now they won't take calls or emails. what can I do?

Alexander C. Safarian
Alexander C. Safarian
answered on May 24, 2021

You should contact an attorney that practices employment law and consult with them regarding your rights against this employer.

1 Answer | Asked in Family Law, Personal Injury and Juvenile Law for California on
Q: I have a 17 year old daughter and she likes a 13 year old girl they started to cut themselves how can I stop them

My daughter said she will kill herself if I stop her from talking to this 13 year old girl I don't know what to do . Can I file a restraining order ? My daughter does have a Psychiatry list and she speaks with a counsellor already . But I think this girl is influencing her.

Alexander C. Safarian
Alexander C. Safarian
answered on May 24, 2021

This is a very delicate situation and there is single right answer on what you can do. I suggest maybe also reaching out to the other girls parents to help figure out a solution.

1 Answer | Asked in Personal Injury for California on
Q: Physically assaulted n fourth amendment right violated
Alexander C. Safarian
Alexander C. Safarian
answered on May 24, 2021

Please provide some more information in order for an attorney to assist you with your concerns.

1 Answer | Asked in Real Estate Law for California on
Q: In CA when buying a duplex with renters who receives the rental deposit knowing that the tenant will not get it back?

My partner and I just purchased a duplex in CA. Both renters were given 60 day notice. One renter moved out before closing and the seller gave back his deposit. The other tenant has not vacated and we took possession of the property. In our closing paper work no deposit money for tenant was put in... View More

Alexander C. Safarian
Alexander C. Safarian
answered on May 11, 2021

As the buyer of the duplex, you "step into the shoes" of the previous owner. Which means the seller should have given you the deposit, which is held in trust for the tenant. Since the seller did not give you the deposit, you will likely be out of the money unless you request the deposit... View More

1 Answer | Asked in Real Estate Law for California on
Q: prospective tenant fell down basement

While looking at a house, a prospective tenant thought she was opening a closet door but fell down the basement stairs that were actually behind the inward-swinging door. The stairs had no landing or handrails. What is the liability of the agent?

Alexander C. Safarian
Alexander C. Safarian
answered on May 11, 2021

Typically the owner of the house is liable for any incidents that occur on the property. That being said, there are so many factors that can determine liability one way or another. One thing to consider is whether the agent showing the property was aware and had a duty to warn.

1 Answer | Asked in Landlord - Tenant for California on
Q: My Léase expired in February, I haven’t found a place to live due to Covid issues, landlord trying to bully me out.
Alexander C. Safarian
Alexander C. Safarian
answered on May 11, 2021

Make sure you have notified your landlord that you are unable to due to covid reasons otherwise you may waive your right to assert any of those covid protections as a defense to an unlawful detainer action if your landlord files one against you.

1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord failed to provide me with Pre move out inspection required by the State of CA. Can he deduct security deposit?

After moving out landlord informed me that I had scratched his kitchen cabinets and will be deducting $350 for resurfacing them along with $170 cleaning fee from my $2200 security deposit. Is he allowed to deduct anything from my deposit since he failed to give me the Pre Move Out inspection?

Alexander C. Safarian
Alexander C. Safarian
answered on May 11, 2021

The law you are referring to is Civil Code § 1950.5(f)). The question is whether you requested a move-out inspection from your landlord.

A tenant can ask the landlord to inspect the rental unit before the tenancy ends. The inspection cannot be scheduled earlier than two weeks before the...
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2 Answers | Asked in Car Accidents and Landlord - Tenant for California on
Q: My landlord claims I left paint on his car. He just left it at shop for full paint job &texted cost. What do I do?

There is white paint on driver's door of his black car, which was backed into spot left of me. I have silver car with no damage on it. They dropped it off at paint shop today and texted me price to pay.

Alexander C. Safarian
Alexander C. Safarian
answered on May 11, 2021

You should try to explain to him that you did not cause this damage to his car. It is always better to try to resolve these matters by talking to your landlord directly to find an amicable resolution. However, if he insists that you caused the damages, he will have to file a lawsuit against you to... View More

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2 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: Neighbor tenant made false complaint against me, landlord wants to inspect my unit of false complaint. Unit inspected 2x

Complained unreasonable slamming/banging of walls and doors since Oct 2020, landlord told me to record duration and how many times, nothing done. Called police, incident report late March. Demand letter from atty sent April 8th to neighbor, a copy to landlord. Last week, neighbor tenant made... View More

Alexander C. Safarian
Alexander C. Safarian
answered on May 11, 2021

Make sure to document anything your neighbor is doing so you can use it as proof later if needed. Your landlord can legally enter your unit upon providing at least 24 hours written notice.

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I am personally getting sued for a car accident that happened on the job it names amazon and me. Am I personally liable?

I am getting sued for damages and personal suffering. The date to appear is june 4th 2021. I am no longer working for the company and the company has gone under since then. Should I appear by myself or should I contact amazons legal department and see if they can help?

Alexander C. Safarian
Alexander C. Safarian
answered on May 11, 2021

You should definitely appear unless you have the expressly state in writing that they will be defending you in that matter. Make sure whatever you have with them is done in writing.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Currently looking to buy a duplex in California. What are laws for evicting tenets if occupied?

We want to live on one side and turn the other side into an Airbnb, but not sure since covid if that’s possible if both sides have current tenets.

Alexander C. Safarian
Alexander C. Safarian
answered on Mar 8, 2021

The laws vary by city and county. It is important to learn more about the local laws in the city in which you intend to purchase.

1 Answer | Asked in Landlord - Tenant for California on
Q: I am being wrongfully evicted. What can I do about it?
Alexander C. Safarian
Alexander C. Safarian
answered on Mar 8, 2021

If you have been served paperwork for unlawful detainer or any papers from your landlord, you should contact an attorney immediately. There are many attorneys on Justia that can help you in this area. Landlord-tenant law is a very complex and technical field. You must let the attorney know what... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Ive been served an eviction and have obtained a court date for racial discrimination and unlawful detainer

Who can i talk to about my case because i dont understand the paperwork givin to me by the courts

Alexander C. Safarian
Alexander C. Safarian
answered on Mar 8, 2021

If you have been served paperwork for unlawful detainer or any papers from your landlord, you should contact an attorney immediately. There are many attorneys on Justia that can help you in this area. Landlord-tenant law is a very complex and technical field. If you need further assistance, please... View More

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