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Questions Answered by David Keith Hicks
2 Answers | Asked in Consumer Law, Products Liability and Civil Litigation for California on
Q: Where does the responsibility lie when the car manufacturer no longer makes the key for your 18 year old MBZ ML430?

MBZ USA has not produced the electronic key for this vehicle for 2 years now.

David Keith Hicks
David Keith Hicks answered on Jan 13, 2018

It lies with whoever owns the car.

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1 Answer | Asked in Contracts and Juvenile Law for California on
Q: If I am a 17 year old minor who is dependent on a parent in california, am i legally boun d to a gym membership contract

Hi, my name is Matt and I am a 17 year old who is not emancipated, I am still a dependent of my father, and currently live in California. I entered a 6 month contract for a gym membership (unknowingly, it was a rushed sign up) and later realized that I was contractually obliged to pay the $45 a... Read more »

David Keith Hicks
David Keith Hicks answered on Jan 3, 2018

Minors are considered legally incompetent for some purposes when it comes to Signing a contract. Other contracts they can be held to. And example would be when you agreed to pay two dollars for a candy bar and then eat it

2 Answers | Asked in Arbitration / Mediation Law and Civil Rights for California on
Q: My mediation brief is supposed to be confidential can I still show it to: 1. my oncologist 2. my psychiatrist
David Keith Hicks
David Keith Hicks answered on Dec 18, 2017

mediation briefs are NOT confidential and shouldn't be, because they are to persuade the other side that they should settle because you are on top of your game. Maybe you meant a settlement conference statement instead. Even that should be disclosed. You can discuss the secret sauce with the... Read more »

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1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: I'm not sure which type of lawyer I would need, for a case that involves being held against my will for 4yrs in Hayward

My family had filed a missing report out of Modesto. The perpetrator had me at his residence, and his father who contributed to the crime living there as well. The home owners insurance temporarily relocated the three of us to an extended stay in Fremont while the house was being fixed. The... Read more »

David Keith Hicks
David Keith Hicks answered on Dec 7, 2017

Go to the Hayward Police to report if you haven't fully done so. If you want to sue somebody, Call Rick Simons in Hayward who has won many BIG cases involving child abuse.

1 Answer | Asked in Civil Litigation and Municipal Law for California on
Q: Can CA city councils enact ord. concerning an approved for circulation petition that are different than the petition

I have submitted a petition to add a specific ordinance to the city code. While I am gathering signatures, can the city council pass an ordinance that is different from the one I am circulating? Are they restricted from doing anything except pass the proposed ordinance in the petition.

David Keith Hicks
David Keith Hicks answered on Dec 6, 2017

Yes, of course they can. If they follow the rules for hearings, readings etc. You at the same time can proceed with your "different" petition. You can tell signers what the difference is if you like.

1 Answer | Asked in Contracts and Education Law for California on
Q: I'm in a private high school in CA. Can a counselor force me to meet with her if I haven't said anything incriminating?

My parents, therapist, and psychiatrist have all told the school they do not want me to meet her. She is terrible, unlicensed, and makes it a lot worse.

David Keith Hicks
David Keith Hicks answered on Nov 29, 2017

No court will order you to see an unlicensed counselor. ARe you sure she's unlicensed. Normally, a school guidance counselor takes additional classes to get a certificate to become a counselor, not a license. She might have done that.

Of course, a court could order you to see another one...
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1 Answer | Asked in Contracts, Real Estate Law and Stockbroker Fraud for California on
Q: How can a Realtor structure a promotion to give a portion of commission to a charity?

I would like to set up a Marketing Service Agreement (MSA) to give part of my commission to a charitable organization in my area to buyers and sellers that engage the promotion. I want to advertise on the organizations website and newsletter with the offer. My company says this is an illegal... Read more »

David Keith Hicks
David Keith Hicks answered on Nov 20, 2017

Your commission is yours after you receive it, and not before. It has nothing to do with the company or any "referral" fee. Are you trying to divert or delay income to avoid this years alternative minimum tax?

You don't really need a real estate lawyer. You need a lawyer who knows about...
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1 Answer | Asked in Divorce, Real Estate Law, Tax Law and Civil Litigation for California on
Q: My estranged spouse is listed as petitioner 30 years ago and his divorce petition in CA was dismissed. He never refiled

. I was only a respondent in any hearing, other than a TRO. He is parading as petitioner in a second proceeding as a divorced man to my response, with holding all our marital assets, house, pensions, car, insurance and tricked the courts as a law student. I wen to get child support wage... Read more »

David Keith Hicks
David Keith Hicks answered on Nov 14, 2017

What county are you in?

1 Answer | Asked in Family Law, Civil Litigation and Probate for California on
Q: I'm lost two dad's and I am told my first dad had my name on will and trust and my mom and Attorney won't show me?

She was not supposed to get everything so her Attorney is covering up by lying to me about him having it but when Second dad died she told on herself saying that this attorney has it and she did get a vehicular manslaughter charge Over this and she got rid of my dad's stuff fast and house went into... Read more »

David Keith Hicks
David Keith Hicks answered on Nov 3, 2017

The language identifying a beneficiary to a bank account or life insurance policy takes precedence over any contrary language in a will or a trust.

2 Answers | Asked in Arbitration / Mediation Law and Divorce for California on
Q: Who pays for the Change of Venue of a divorce case in California?

My ex wife's lawyer sent me a stipulation for a change of venue for our divorce case ( divorced since 3 years now ) from L.A. County to O.C.

In the document she states that both parts shall pay the cost associates to the change. Is this request correct or my ex wife should pay all the cost... Read more »

David Keith Hicks
David Keith Hicks answered on Oct 20, 2017

cross out the line about who pays--if your wife has been supporting you. Then sign. If you are supporting yourself, just sign it.

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1 Answer | Asked in Contracts, Health Care Law and Estate Planning for California on
Q: How does a durable POA become active? It is signed and notarized.

I have durable POA and Advanced Health Care Directive for my mom. I need to ise them and not sure if they are active once signed or do I need to do something.

David Keith Hicks
David Keith Hicks answered on Oct 17, 2017

It is active, unless somewhere in it, it says it is not unless X event happens.

David Hicks

dhcases@aol.com

3 Answers | Asked in Contracts and Arbitration / Mediation Law for California on
Q: I'm an attorney licensed to practice in Georgia, only. Can I appear as counsel for a Georgia LLC at CA mediation?

My client Member and his LLC were both sued in a CA Superior Court and I also want to appear as counsel at a mediation for the LLC and the individual LLC Member, as well.

David Keith Hicks
David Keith Hicks answered on Oct 3, 2017

The LLC cannot appear other than by counsel. To appear, you must find a local sponsoring lawyer to move your admission pro haec vice in the case, and that lawyer technically remains LEAD counsel in the case, and you cannot appear without that. But a mediation is not a court proceeding, and so you... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: How are mediators chosen in California? What happens if I don't like my mediator?
David Keith Hicks
David Keith Hicks answered on Sep 24, 2017

generally by mutual agreement of both sides. Don't agree to a mediator you don't like. If you are already in mediation, then the answer to your questions depends on how you got there.

2 Answers | Asked in Contracts and Employment Law for California on
Q: I live in CA. I repair appliances. I signed non compete agreement to work with new company. Is it enforced if i quit

I learned applince repair at a company. After it closed, i applied to work for different company. To further my knowledge about repairing refrigerators. In the old company i just repaird appliances, not refrigerators. To repair refirgrators you need special training form certified techs. When i... Read more »

David Keith Hicks
David Keith Hicks answered on Sep 14, 2017

Such agreements are against public policy and unlawful in California; however, don't think you can't be sued for making off with tradesecrets. such might include customer lists and other things unique to that company. Did you sign a trade secret agreement too?

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1 Answer | Asked in Civil Litigation and Consumer Law for California on
Q: My Equifax data was one of the ones breached. In addition (not sure if it matters) I am a Equifax account customer.

Can I sue before the Class action or aside of the class action?

David Keith Hicks
David Keith Hicks answered on Sep 11, 2017

Yes you can sue. Better maybe to watch the class action unfold and then if you don't agree, you can opt out and proceed with your personal suit. You will definitely be offered the option to opt out of the class action.

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Can my landlord take my parking spot since I don't have a car anymore?

I was lending my parking spot to my neighbor since I don have a car but I'm gonna get one in the future my landlord tell him that he can't park there anymore he hasn't spoke to me yet... can he take my parking spot ? Can he low my rent if he gave away my parking spot

I rent a single unit i... Read more »

David Keith Hicks
David Keith Hicks answered on Sep 4, 2017

Your lease, or maybe even an advertisement, will tell you what you rented. Do they mention parking?

Find that and you win without a lawyer or a case. Don't find it, and you just lost your parking space from non-use.

1 Answer | Asked in Civil Litigation for California on
Q: can you please tell me which form i use to file an Invasion of Privacy civil lawsuit -- CA Penal Code 637.2 in Californi
David Keith Hicks
David Keith Hicks answered on Aug 30, 2017

There is no California Judicial Council form for this type of complaint. If you try to squeeze your complaint into a form you will have nothing but trouble with the judge. Don't worry! you will have plenty of REQUIRED forms to use if you pick this fight during the course of your case.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for California on
Q: How do you assign a debt (bad check) to another person?

My brother sold my car and the buyer wrote a bad check out to him. He is not interested in taking her to court but I am. How do we assign this debt to me? Do we need lawyer and a judge to do this?

David Keith Hicks
David Keith Hicks answered on Aug 28, 2017

1. report the bad check to the police. The DA should charge it and get the money back via restitution.

2. If that doesn't work for some reason, get a lawyer to prepare:

--an assignment of the debt.

--a bill of sale of the car to you.

--an agreement by your brother...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Law in regards to the move out date/sixty day notice.

If there is a written agreement between landlord and tenant to vacate the rental property on the day agreed upon (in this case the date was agreed to be 75 days after signature), is it still required by law to provide them with a 60 day notice to vacate?

David Keith Hicks
David Keith Hicks answered on Aug 26, 2017

No. it becomes a breach of contract. But if you raise the 60 day issue and don't move out and they can prove you had considered that issue before you signed you could be found guilty of fraud and assessed damages plus punitive damages. And yes, the landlord to be prudent should have served the... Read more »

1 Answer | Asked in Civil Litigation and Collections for California on
Q: Under Pro. C. 9100(a)(2) sevice of the notice be made on the attorney for the creditor in an ongoing case ok?
David Keith Hicks
David Keith Hicks answered on Aug 25, 2017

that section does not govern service on an attorney. it governs a deadline for a creditor to make a claim. If a party has appeared in his case you have to serve his attorney not him, since this is not one of those things requiring new personal service on a newly appearing party in a new case.

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