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Questions Answered by Manuel Alzamora Juarez
1 Answer | Asked in Landlord - Tenant for California on
Q: I was evicted so my landlady could rent the house for more money during an eviction freeze

I was evicted so my landlady could rent the house for more money during an eviction freeze

We were given until the 15th to leave. She has bullied and harassed me and another tenant to hurry so she can paint the rooms. I have most of my belongings out but she has entered my room and started... Read more »

Manuel Alzamora Juarez
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Manuel Alzamora Juarez
answered on Oct 15, 2020

The landlady cannot practice self-help evictions. You have to be served with legal papers issued by the court. It is called unlawful detainer. If she just bullied y0ou to get out without ciourt action, then she has acted illegally and you do not habve to move. Call the police if she keeps... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for California on
Q: I’ve been staying at a hotel for the past few months and they have told us we cannot stay more than 28 days in a row?

The hotel has told us we have to stay somewhere else for a few days due to there 28 day policy but can come back after a few days. We have been here for around 5 months and after about 30 days we stayed at another hotel for two days and came back, stayed for around three months and was told we had... Read more »

Manuel Alzamora Juarez
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Manuel Alzamora Juarez
answered on Oct 15, 2020

The issue here is that they do not want to become long term landlords because if they do then they would be subject to a whole different body of law that would regulate them. You will be better of finding an apartment somewhere else. Best of luck.

2 Answers | Asked in Landlord - Tenant for California on
Q: What are our renter/tenant rights in Los Angeles regarding livable conditions in extreme heat? I.e. Windows, AC,?

Are there building requirements to ensure a livable apartment during extreme and dangerous heat (weather)?

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez
answered on Oct 15, 2020

Yes there are. Visit CA Civ. Code Section 1941.1 and 1941.2 and health and safety Code sections17920.3 et seq.

These codes address the warrabnty of Habitability and health and safety issues. Best of luck.

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1 Answer | Asked in Divorce for California on
Q: My wife owns a business and we are divorcing. Am I entitled to any part of it? Equity or monetarlily?
Manuel Alzamora Juarez
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Manuel Alzamora Juarez
answered on Oct 13, 2020

Yes, if it is community property. No, if the business is her separate property, she had it before you married her and she maintained it as her separate property. If you think you are entitled to a share of the business, you should hire an attorney to review this and other marital settlement... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: How to best reply to a landlord's action request letter about a complaint from a neighbor that isn't our fault?

We received a letter from our landlord telling us that "neighbors" are complaining about an extraordinarily strong chemical smell that comes from our apartment and is "so strong that it seems to come through the cracks in the walls or vents." The landlord wants us to... Read more »

Manuel Alzamora Juarez
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Manuel Alzamora Juarez
answered on Oct 13, 2020

I have seen this tactic when the landlord wants to evict the tenant from a low rent unit and charge higher rent.

In order to avoid an eviction , hire a lawyer who will dispute this claim and let them know you are not alone. Best of luck!!!

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4 Answers | Asked in Estate Planning and Probate for California on
Q: If I'm a Mexican citizen and my mom died in CA without a will in place... can i claim her property?

My mom passed 5 years ago. I am the oldest, I have 3 half siblings that are US citizens, i am not. Mom left no will. The house was paid for. No taxes are owed.

Manuel Alzamora Juarez
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Manuel Alzamora Juarez
answered on Oct 13, 2020

Absolutely. How much you will get depends on whether she has other heirs. Probate Code Section 240 is your main reference for intestate succession. Best of luck.

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2 Answers | Asked in Divorce for California on
Q: how do I get a divorce in California from my vietnamese wife while we both are living in Vietnam.

I have been living and working in Vietnam for the last 3 years. Last year while on vacation my Vietnamese girlfriend and I got married in California. She has a Taiwanese passport so we didn't need a Visa or fiancee visa. Now she wants a divorce and neither of us have been living in California... Read more »

Manuel Alzamora Juarez
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Manuel Alzamora Juarez
answered on Oct 13, 2020

You can divorce in Vietnam and it will be valid in America. Best of luck.

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1 Answer | Asked in Real Estate Law for California on
Q: One of three brothers refuses to sign to sell house. Can I be forced to sign and what are my rights?

Three Brothers grew up in this house. Our grandparents lived in this house i. returned home at 2002 after divorce. Lived here ever since. Took care of other my parents. Girlfriend moved in at 2015 and was my dads care giver. Attended both my parents doctor appointments every week . No one could... Read more »

Manuel Alzamora Juarez
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Manuel Alzamora Juarez
answered on Sep 28, 2020

If three brothers are on title and two want to sell they should talk and give the non-seller the opportunity to purchase the home. If that approach fails then the other siblings can initiate an action for partition. Best of luck.

1 Answer | Asked in Divorce for California on
Q: I have a question. My husband filed for divorce January 2019. He never served me and in August 2019 I finally just go

He now wants bifurcation so he can marry his girlfriend but I am opposing it because I am wanting to do the traditional route, Case Management, then Settlement and if necessary Trial. We are at this stage because of his dishonesty and failure to comply. Any suggestions on how to oppose it. If he... Read more »

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez
answered on Sep 28, 2020

Just tell the Judge you just got served and that you have not had time to study he implications and that you would like temporary spousal support - best of luck.

3 Answers | Asked in Child Support and Estate Planning for California on
Q: Can you pay for child support from a trust where the child is the beneficiary?

My wife and I are recently divorced. Years prior to our divorce, we set up trusts for each our daughters. I am the trustee and my daughters are the beneficiaries of each of their trusts. The trusts own shares in a private company that may have a substantial liquidity event in the near future.... Read more »

Manuel Alzamora Juarez
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Manuel Alzamora Juarez
answered on Sep 27, 2020

A trust speaks only at the death of the trust or, so I do not believe that your inquiry is viable. However, if you and your wife revoke the trust, then you could achieve your purpose. Best of luck to both of you.

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7 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Small Claims for California on
Q: Could you please do my opposition to motion summary judgment?

I was hit by a car while riding my bicycle and the defendant’s attorney has sent me motion of summary packets. I need to respond so I need help with that paperwork please.

Manuel Alzamora Juarez
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Manuel Alzamora Juarez
answered on Sep 25, 2020

You are in the middle of litigation. you need to hire an attorney right now. Best of luck.

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2 Answers | Asked in Landlord - Tenant for California on
Q: landlord has sold the house im living in and hasnt given me a 60 day notice and is telling me i have to go and much more

the ac is broken and he said he wont fix it. they are being complete jerks to me and my family. this covid crap has made things extremely difficult . i need help.

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez
answered on Sep 24, 2020

If you live in California, he has to wait until December to initiate a lawsuit for eviction. The letter for 60 days is just to scare you. It seems that you may have some problems with the living conditions. If you have proof that you told the Landlord of these problems and LL did not fix... Read more »

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1 Answer | Asked in Divorce, Estate Planning and Family Law for California on
Q: I was wondering what all i can get out of my husband in the divorce

I was wondering what all i can get out of my divorce? My husband was an extremely emotionally abusive person and there has been times in which he was physically abusive. He cost me my job by calling my boss and accusing me of having an extramarital relationship with a coworker. The home and... Read more »

Manuel Alzamora Juarez
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Manuel Alzamora Juarez
answered on Sep 23, 2020

The family code in California has a section which states that all community property is divided 50-50 between the parties.

2 Answers | Asked in Domestic Violence for California on
Q: Hello. I am in serious need for help concerning domestic violence by (former partner), who wants to evict me.

I am mobile home co-owner (Registration & Title). Is there any way including what he says is my not being on rental agreement (which I am), whereby he could accomplish this? Violence has escalated each time, until police came last weekend (9/19). My wrist is bruised and swollen due to his... Read more »

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez
answered on Sep 21, 2020

If your partner is inflicting domestic violence on you and is trying to evict you. You need to go to the Court and file a Temporary restraining Order and tell the Sheriff to serve the the TRO. Best of luck.

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2 Answers | Asked in Real Estate Law for California on
Q: a friend of mine past away 15 years ago, and I have been paying the property taxes on her home since. what are my rights

I thought I was the executor of her will, but I found out it was never recorded, she has no family. what should I do.

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez
answered on Sep 11, 2020

Start an quiet tittle case, continue living in the property, openly but discreetly, place signs like do not enter, private property, hand a sign on the porch: the residence of [ your name____] and change all the utilities to your name. Build a fence and protect against al for any unauthorized... Read more »

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2 Answers | Asked in Divorce and Family Law for California on
Q: In the process of divorce, been living as married since 1998, married in 2012,will that be considered in dividing assest

have two children and also we purchased a house only in his name due to credit scores before marriage but while cohabitation, it was purchased 8 months before marriage. Will I be granted anything from that property, he has a attorney but I don't, I have been a homemaker since my first son was... Read more »

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez
answered on Sep 10, 2020

First, support will start after you file a motion and request for orders regarding child support and spousal support.

Second Marital property Will be divided 50-50. However, depending on the attorney they may fight for credit if he use his money or inheritance to buy the property. It...
Read more »

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3 Answers | Asked in Child Support and Divorce for California on
Q: I am recently separated and I need to file for divorce.

I left my husband after 8 years of marriage and 11 affairs. I tried everything to fix my marriage including marriage counseling but it was irreparable. We split 50/50 custody of my 3 kids, (ages 12, 11 & 5) I don't receive any monetary help from him but I am struggling to make ends meet.... Read more »

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez
answered on Sep 10, 2020

If he has a job and makes more money than you , you should ask for temporary spousal support, If he has more money in any pension plan, you are entitled to that. Best of luck.

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2 Answers | Asked in Landlord - Tenant for California on
Q: I am renting a house (a country cottage) and I've been told I cannot remove the overgrown weeds from the front

I made the mistake of asking before doing it, and was told 'tenant shall perform no landscaping. I will probably do it anyway because it's ridiculous and I don't think I should have to live in overgrowth. Do they have any recourse if they see i have in fact done some well needed... Read more »

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez
answered on Sep 10, 2020

Maybe you can call the zoning inspector and get his opinion. Tall grass could be a refuge for vermin, snakes and rodents. Maybe , just mow the grass without doing any landscaping. Good luck

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2 Answers | Asked in Real Estate Law for California on
Q: Negotiated with landlord to break lease due to all classes are remote, no longer need the apartment.

“We do not have a lease break option. If you choose to not move into the apartment, that is certainly your choice to do so. The process we will follow is to wait for two days or until we receive an email confirmation from you and all your roommates releasing the apartment. Once that happens we... Read more »

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez
answered on Sep 7, 2020

If you are willing to pay three months maybe, LL would be more amenable. Best of luck.

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2 Answers | Asked in Real Estate Law for California on
Q: Without a written will do I have a leg to stand on if an oral agreement was used concerning a property given to me
Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez
answered on Sep 5, 2020

You have a little leverage but it is hotly contested unless you have witnesses. I have only done one in 20 years. Best of luck.

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