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Questions Answered by Maurice Mandel II
1 Answer | Asked in Legal Malpractice for California on
Q: Someone filed a legal separation in a state I moved from and wasn't me. What do I do

I found out recently that in 2001 someone acting as me filled for a legal separation in car. Oct 2001. I moved with my husband in Feb 2001. To Philadelphia

Maurice Mandel II
Maurice Mandel II answered on Jul 4, 2020

Usually Courts monitor the cases that have been filed and issue Orders to Show Cause re: Dismissal of cases that have become stale and not acted upon. A case normally would not languish for 9 years without the Court doing something to close it. You should research the Court records for the Court... Read more »

1 Answer | Asked in Sexual Harassment for California on
Q: I am 17 and my boyfriend is 22 and we've never had sexual intercourse , only digital penetration , can he be charged ?

I'm in california , we've referred to the digital penetration as sex , I just wanted to know if that can still cause him to be charged with statutory rape , and if so is there anything that can lessen the consequences ?

Maurice Mandel II
Maurice Mandel II answered on Jul 4, 2020

Cal. Penal Code § 289 provides: "(h) Except as provided in Section 288, any person who participates in an act of sexual penetration with another person who is under 18 years of age shall be punished by imprisonment in the state prison or in a county jail for a period of not more than one... Read more »

1 Answer | Asked in Traffic Tickets for California on
Q: How are night court fees assessed for a traffic infringement that doesn't qualify?

I received a red light infraction for turning right on a camera intersection, and the initial paperwork stated that I did not qualify for night court. The second slip, which had my fine amount, has a Night Court fee. Why am I allowed to be charged for something they know I don't qualify for?

Maurice Mandel II
Maurice Mandel II answered on Jul 4, 2020

Traffic fines have a number of fees added to them based on County ordinances, and the County you are in. This is why a $20 Cell phone ticket costs $167, in OC. Most likely the fee you are mentioning is imposed on all traffic tickets within the county, to defray the cost of holding any night court... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I argue my lease because the rent dropped significantly right after I signed it & all the other apt are empty now?

I felt pressured into resigning my year lease with a 5% increase right when COVID-19 shut downs were happening. Two months later, my apartment building is 2/3 empty and they're offering identical size apartments for $500/month less than I am paying. Buying out of my currently lease would be... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 4, 2020

From your facts, it certainly seems that you have a number of facts that you could use to discuss a rent reduction with your LL. There is no law that would require your LL to automatically reduce the rent when the situation you describe occurs, unless you are in rent controlled housing. If that... Read more »

2 Answers | Asked in Criminal Law, Employment Law, Tax Law and Federal Crimes for California on
Q: What happens when somebody spends somebody else's unemployment benefits that where obtained fraudulently?

Let's say a Person A files for unemployment benefits but doesn't have an address so he has them sent to Person B's address. Well then when the unemployment benefits arrive in the form of a debit card to Person B's address, Person B decides to go ahead and activate the card and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

It is against the law for an attorney to counsel someone on how to evade the law or commit a crime. Perjury is a crime as is subornation of perjury. In your scenario, A has committed a crime by falsely applying for benefits, but if he never worked then he did not amass the required quarters of... Read more »

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1 Answer | Asked in Business Law and Contracts for California on
Q: Is it possible to create an NDA and supplier agreement with an international supplier that is enforceable in the US?

One of my major vendors based in Asia is asking for customer information and invoices in order to keep giving me Distribution price.

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

Yes, of course, a contract formation attorney can draft you such an agreement. IMO the real question is why do they want your customer information and invoices? And a probable answer is that they want to go around you and deal direct with your clients. Steal your clients from you. And once that... Read more »

1 Answer | Asked in Family Law for California on
Q: I want to know if someone in a domestic partnership moves out of state to help family, would that void the DP.

That person was still getting mail at the home with the partner in CA. That person was only gone for 6 months. The other person in the DP was suppose to eventually move to the one that was already out of state.

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

You posted this question here 3 times and I don't see anyone jumping to answer you, so I will give it a shot. If your DPS is memorialized in writing, you need to look at that to see how it applies to this situation. If it is not, then you need to discuss this with a family law attorney, there... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can I say I was laid off if I worked 2 weeks after the lay off date? for unemployment claim purpose

I was laid off then offered to stay with a new client, something went wrong with new client and I was told I would be transfer to another account keeping my site manager position. I accepted but when the time arrived I was told the client had decided to promote someone else instead and I was... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

Your concern is justified. The EDD could disqualify you from receiving benefits up to 3 years, if they fell you falsified your claim, and the clerks that make this decision are overworked, understaffed and don't spend a lot of time on it. My first case was an Asian lady who was told by... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: If I filled complaints every year to Bar, and industrial relations will that help me with statue of limitations?

Clear evidence on paper of attempted murder, went thru multiple surgeries, force to self-rep. If I filed complaints every year only to be ignored.I was disabled at work CO poisoning. Force to Prose. They won with a suspended Dr, bribed lawyer & judge. Attempt murder using CO. Sheriff said they... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

A statute of limitations is a law that prevents a person from filing a lawsuit over a "stale" claim. There are different statutes of limitations for different claims. They are in California Civil Code beginning around section 340. There are a few conditions that will stay or stop the... Read more »

3 Answers | Asked in Criminal Law and Sexual Harassment for California on
Q: Can a older mother get in trouble for wearing a see through nightgown and from her son's friend's Being Flirtatious

She would bend over directly and front of my friends so they can get a good view I guess When she's gane undressed or dressing in a Room the door be partially open she does have any curtains on Her bedroom windows so and it's a real low window directly by the carport

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

I guess you really need to define what you mean by "trouble." If you mean as in a "girl in trouble", maybe. If you mean as "trouble with the police to go to jail.", maybe. If you mean "my friends and neighbors and my son's friends parents will ostracize... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: I rent a room in someone's home. If I can't pay rent due to COVID-19 shut down can I be kicked out?

I told the owner I can pay in 10 days when I get my EDD money. So do I have the right to stay if he tries to kick me out? My job was shut down for a second time due to the virus.

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

Sorry to hear about your situation. As a renter, you have certain rights to a notice terminating your tenancy. The LL has to give you a 3 day notice to pay rent or quit, and in your situation, a 30 day notice to terminate the tenancy whether you pay in full or not. There may be limitations on... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: How can my daughter break her apt lease for the upcoming fall?

She was told she can't break lease only sublet. Due to covid 19, all her classes are online and she has also lost her job. What recourse does she have? I have tried to talk with Apt complex but was told she can't break it. The apt is in Fullerton.

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

You need to take all documents and copies of all communications with the LL to an attorney for a consultation. There is no simple answer to this question in these difficult times with CV. Many cities that have universities have enacted ordinances to deal with this problem and allow tenants to... Read more »

1 Answer | Asked in Uncategorized for California on
Q: Roommate owes money refused to pay
Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

Your brief question does not provide many facts, such as "In whose name is the rental agreement?" if it is your name and the roommate is your subtenant, you can give them a 3 day notice to pay or quit, and at the same time a 30 day notice to vacate the premises. Then you can file an... Read more »

1 Answer | Asked in Small Claims for California on
Q: can any type of legal action be taken against a company

i was asked to leave my housing because a worker who did not announce an allergy made a complaint to management who then pulled the work crew from the premises due to said allergy. there was no smoking in said workers prescience and the same worker again came back to work at the residence. due to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

Employers are prohibited from discriminatory actions against an employee based on a protected classification, such as age, race, physical disability. Smoking, whether tobacco or marijuana is not such a prohibited classification. If you have significant financial loss, you should seek the... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My son goes to UC Berkeley. Before COVID happened he signed up for a 1 yr lease beginning mid May since he was going

to be taking summer classes. But then he came home when pandemic hit. The landlord did not charge him during the summer. Now classes will start up and Berkeley is going hybrid. He is a freshman and all of his classes will be online so he wont be going back. But the landlord now says they have to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

I have not seen the Berkeley ordinance regarding the rents, but IMO the best thing you can do is to be sure that your termination letter is clear that the reason is because of the CV caused change to Berkeley's program, and to have a proof that the letter was delivered to the LL, such as a... Read more »

3 Answers | Asked in Car Accidents for California on
Q: I was a pedestrian crossing the street legally, when I was hit by a car. I was wondering how much should I ask for?

My superficial injury healed up from the accident, it was minor actually, impact on ankle. But I'm a hemophiliac and joint injuries never go away for us, they evolve and become chronic years from now, potentially. Should I even be settling? I really don't want to be drawn out in court but... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

A pedestrian- auto encounter is never good for the pedestrian. Your question really points up the balancing between dealing with a long drawn out process in court and giving up your right to fully recover for future medical expenses that may or may not occur. Courts cannot award speculative... Read more »

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3 Answers | Asked in Landlord - Tenant for California on
Q: If I ask to withdraw from a lease prior to the approval and signature from the landlord, can I be released?

I signed a lease in March before the Pandemic officially hit USA, I asked to be released in April (due to financial instability from the pandemic lay offs) and they told me no. A month later I received confirmation that my lease had just been signed and executed, I also received my copy of the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

This is a first semester Contracts law school question. A lease is a contract. To form a contract you must have an offer followed by an acceptance. The contract is formed when the offer is accepted (cause if it is rejected, there is no contract). Your sending the lease agreement was the offer. If... Read more »

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1 Answer | Asked in Real Estate Law for California on
Q: Hi, I live in a condo. Last year I experienced a number of issues from water damage (leaking pipes) from my neighbors.

Multiple leaks were discovered, from multiple neighbors. Is each neighbor legally liable to reimburse me for the damage to my home, if the leak is determined to be exclusively their pipe (drain pipe), even though it runs through a shared/fire wall?

Maurice Mandel II
Maurice Mandel II answered on Jul 2, 2020

Yes, and sometimes the HOA is also responsible, for instance , if there were a fire sprinkler leak that damaged the wall. The real danger with these leaks is that the moisture becomes a place for mold to take hold, in a hidden area behind your wall, and the mold remediation could be very expensive.... Read more »

1 Answer | Asked in Criminal Law, Divorce and DUI / DWI for California on
Q: Is it illegal to pay a court clerk to inform you when a celebrity court case is filed?
Maurice Mandel II
Maurice Mandel II answered on Jul 2, 2020

The law prohibits paying a public employee of any kind for them to provide you with personal services not available to the general public. This is called bribery. Both the person paying and the recipient are committing a crime.

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1 Answer | Asked in Tax Law for California on
Q: My accountant prepped and filed my taxes personal taxes for 10 years. Found out he never filed my s-corp with either fed

or state. He just entered the k1 amount in my personal return. How much of trouble am I in? Do I need a lawyer?

K

Maurice Mandel II
Maurice Mandel II answered on Jul 2, 2020

Yes, you need a tax attorney to help you to sort this out. Possibly a different account can assist you. The amount of trouble you are in would only be a guess, perhaps it depends on whether the S Corp made any money and did not pay taxes.

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