Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Maurice Mandel II
1 Answer | Asked in Traffic Tickets for California on
Q: I got a traffic ticket and the police scheduled me for court on the day after Thanksgiving and city court is closed?
Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

You should have been rescheduled by the Court. Be sure that the DMV has your current address because all Court notices get sent there, on the info from DMV.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Employment Law for California on
Q: I was fired from my job for lowering my face mask to get fresh air

I was outdoors walking from one building to another at my job and I was having difficulty breathing so I slightly lowered my face mask to get a breather. I have never refused to wear a face mask covering and it is not an issue for me to follow company policy. One of the lead mangers confronted me... Read more »

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

You are an at will employee in California and can be terminated without notice or reason, EXCEPT you cannot be terminated for an illegal reason such as discriminating against you because you have a physical disability. Get a certificate from an MD stating you have respiratory issued and need to... Read more »

1 Answer | Asked in Uncategorized for California on
Q: As a resident of an extended stay hotel can a movie production company request that you leave
Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

Your rights are in the Civil Code, look at sections around 1942. There are sections about residential hotels.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Traffic Tickets for California on
Q: My sons ticket is for 26 miles over the speed limit and the website shows 25 is the eligible speed for traffic school.

Can he talk to someone about going to traffic school. I was worried about it being 18 months. I need a live person to talk to at the courthouse.

Thank you

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

You get to speak with the Judge about this at the arraignment and ask for traffic school, but if your son is a minor, probably not. Traffic school is a diversionary program and removes the ticket from the driving record. If this was on the freeway, your son is going 91. In any event, 26 miles... Read more »

1 Answer | Asked in Uncategorized for California on
Q: Is a company allowed to charge a non refundable deposit without notice before the payment was made?

If I pay for a service in advance, and then cancel & ask for a refund before the service was given, can a company refuse to refund the full amount due to a "nonrefundable deposit"?

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

Companies are allowed to charge non refundable deposits if they give you clear and unequivocal notice. Sometimes these notices have to be posted at the cash registers. Read your contract.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Divorce for California on
Q: I'm currently going through a divorce, my parents gave $80000 to put down on a house (cheque was made only in my name)

Posting this again and adding moore context to it, I think, I did not get a clear answer last time.

$80,000 was given to me (only me) by my parents as a gift to put down as a down payment for a marital property. So, will my wife have any rights to any of that $80,000 after we are divorced?

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

The $80, 000 is your separate property, and will remain so unless you do something to indicate that you have gifted it to your community or your spouse. So BEFORE you buy anything that will comingle separate and community property, you need something in WRITING, preferably notarized, from your... Read more »

1 Answer | Asked in Small Claims for California on
Q: which person is liable in this situation

an item was sold to a friend with written agreement that he would pay an amount for it on a certain date. he agreed to buy the item in the current condition it was in. come the date of payment, he says that he had to hire someone to clean the item and that i am to pay for it. i have not received... Read more »

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

The buyer is responsible to pay according to the terms of the written agreement. I assume his "agreement" to take the item "as is" was in the written agreement. Even if not, he does not have much to say if the need for cleaning was obvious from a visual inspection, versus... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I live in San Francisco. The main tenant of the house I wanted to rent the first floor from asked me for $900 to hold it

I gave her the deposit in mid-November to move in before the 15th of December. I might have found something else at a better rate. Since I was not supposed to move in before the 15th, is she entitle to keep the amount which was half of the rent for December? And since she's only the main... Read more »

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

The law says your written agreement controls who gets the money. Be sure you have a written agreement whenever you pay more than $10 to anyone for a future act. You can stand to lose $10, but $900 hurts.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Traffic Tickets for California on
Q: I've got a speeding ticket on 15 freeway and its been a month i still haven't received my ticket. Where should I contact

I'm new in USA and not familiar with certain things. Kindly guide me. I live in Vista, CA and I got a ticket in San Diego

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

If you got a speeding ticket on the 15, you were cited by the CHP, and you signed a ticket. That is your ticket, you don't get another. It has a date for a Court hearing. Your signature was your promise to attend that hearing or show up early, instead of being arrested and taken to jail... Read more »

1 Answer | Asked in Divorce for California on
Q: My wife left me 2 years ago and had property In the laundry room can i throw it out..still no divorce filed and in Calif
Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

You should give her written notice and 60 days to retrieve it or you will treat it as abandoned and dispose of it. If she left you, what are you waiting for, you should file for a divorce. You may be liable for her debts until you do. Time to close the book on this story.

Justia...
Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I live in a home next to a apartment building causing me issues, parking, stealing and many other things.

It’s the only apartment building in my neighborhood (out of place) for miles there is no apartments and only single family homes. The tenants of this low rent building park on the street all around my property, break into my car multiple times, into my home, I have no safety fit myself or family.... Read more »

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

Sounds like my neighborhood. We have police and fire at the complex every day. Drugs, domestic violence, you name it. Just keep calling the police every time, get to know the patrolmen. Unfortunately it probably will not constitute a public nuisance. Consult a personal injury attorney in your... Read more »

1 Answer | Asked in Divorce for California on
Q: Trying to get the details of this lawsuit... Case Number 5:2020cv01860
Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

You need to go to the website for the Court where the case is pending. This number could be anywhere; Federal, State, any county.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Landlord - Tenant for California on
Q: Tenant is complaining about mold and her allergy reaction. After the repair-still more complaining- agreed with free

one month rent free until tenant find the new place. Do I need to do anything to protect myself? I am concern about her health issues. She is hyper allergic and has asthma and coughing when she calls. The rental contract was signed and I was to release their deposit when they move out.

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

It sounds like you are resolving housing issues but leaving personal injury issues unresolved, meaning you are exposed. Be sure your liability insurance for the rental is in full force and paid up. You should have a written agreement about the settlement, specifying what she is releasing for... Read more »

1 Answer | Asked in Traffic Tickets for California on
Q: I I got a speeding ticket on 8/7/20 and I requested a Written Trial. On 11/23/20 I was found guilty. Which date do I use

when signing up for online traffic school. How many days do you have to complete traffic school in California once you received the ticket or were found guilty??? I searched the internet but can't find any info.

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

You said you were found guilty, not that the Court assigned you to traffic school. This is two different things. You cannot just choose traffic school, unless the Court orders it, or you select this in lieu of a guilty/not guilty plea.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Small Claims for California on
Q: CA: put down payment to purchase puppy w/o contract. Changed mind, can I get money back?

Placed $2000 down-payment for them to hold puppy w/o contract. Puppy is ready to be picked up this week but told them need a little more time, they said they are going to sell puppy and I lose the deposit. Is this allowed in California?

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

The law abhors a forfeiture. But, you put up $2000 without any kind of written agreement? Apparently it was not very important to you to secure your rights to that money if the deal fell through. They cannot keep the money, particularly if they sell the dog to someone else. Small claims is... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: is it legal for a landlord to give you a 60 DAY TERMINATION OF TENANCY not specifying the reason why

I turned in a request for my heater and kitchen faucet to be repair, the next day a technician came and repaired the heater and 1 hour later the manager posted a 60 day termination of tenancy on my door.. the notice does not specify the reason why or any information on it. the faucet has not been... Read more »

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

Sounds like potential retaliatory eviction to me. See Civil Code 1942.5. Not exactly within the statute but could be a breach of the rental agreement and duty of good faith. Assume you are current with rent. Note the LL may have to provide you with move out assistance, 30 day's rent. Seek... Read more »

1 Answer | Asked in Family Law for California on
Q: family member moved out and left some stuff behind, if i told them i'd throw out their stuff in 30 days and did, legal?
Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

Probably not. Were they paying rent? Were they on the lease? Were they a tenant? or Were they just a guest that abandoned some property and would not pick it up when reasonably requested to do so? Was 30 days reasonable notice?

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Copyright for California on
Q: Depositions in California

I am a pro se litigant in California w/ a federal case in the Superior Court. I am ready to do depositions. Do I absolutely need a court reporter or per Federal Rule 30 can I record via audiovisual or audio and have a notary public administer the oath? Thank you.

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

As a pro se litigant you are held to the same standards as an attorney. You need an attorney because you obviously don't understand Civil Procedure. You are NOT in a "federal case in the Superior Court." because the Superior Court is a state court not a Federal Court. If you want... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: What happen if seller signs a purchase agreement with a second buyer when has not cancelled the 1st buyer's agreement?

the agent is same for the first buyer. Agent informed the that 1st buyer informed him via text that they need to backup. Agent did not get any cancellation docs signed. On the same day another buyer sent an offer and a contract was signed with them. Now the 1st buyer wants to continue and the... Read more »

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

Sounds like you have an overeager agent. Tell the agent that he created the mess, and he needs to straighten it out or he will be paying for your defense on a lawsuit and for damages. If this does not resolve it, you need to file an action to quiet title and for damages against the agent for... Read more »

1 Answer | Asked in Divorce for California on
Q: If both my wife and I filed for divorce, do I still have to serve her if she already served me?

I didn't know she filed a week before me, I was served and I just received the papers I was supposed to have served to her. I am not sure if I am still supposed to serve her or not.

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

Serve her with your papers. Then get your attorneys to determine whether to dismiss one case or consolidate the two cases. Dismissal is preferred unless you are seeking something completely different from the wife, such as an annulment. Consult a family law attorney.

Justia disclaimers...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.