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Questions Answered by Maurice Mandel II
1 Answer | Asked in Contracts and Copyright for California on
Q: Can the copyright owner/producer fire the director/writer/producer and post-produce and release his version of the film?

A and B signed an agreement with regard to A and B collaboration on that certain short Film based on the screenplay written by B. A paid B a flat fee for writing services. A and B produced the Film.

All rights and copyright (and any renewals, extensions and continuations thereof),... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Read the contract.

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1 Answer | Asked in Contracts, Real Estate Law and Intellectual Property for California on
Q: My boyfriend mom has removed sold his belongings from his room and she took his dad name off deed to house without him a
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Not your problem. Let them go to a real estate or Personal injury attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Uncategorized for California on
Q: I'm being framed I'm gay and by his friends from school and my town. They Dont file reports just incident let others fra

was beat up 2018. My ex stole and robbed from me and used me car and drugged me. His cousin or daughter beat me up as I was waiting. Cop sided with them. 2019 followed by my drug dealers friends I went crazy these people followed me all over my town so I followed them back. Three months later a car... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

You don't need a lawyer, you need a Green Beret, or Navy Seal. Contact a civil rights attorney in your local area to see about a civil rights restraining order against them for harassment, or just a restraining order re: harassment.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: Can I sell a home with a renter who hasn’t paid lives in? We have no lease or formal contract. I can’t afford this.

I just purchased a new home and cannot afford two mortgage payments. I have nearly $300,000 in equity and wish to sell and retire. The tenant claims her lawyer states she can stay for 60 days. She also told me she will refuse to let anyone enter the proper who is interested in buying the home.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

You need to give 60 days notice in a notice to quit. You must also pay a 30 day rent "moving allowance" but if they on't pay rent, it would seem that the moving allowance is Zero.

1 Answer | Asked in Real Estate Law for California on
Q: My landlord is going to evict me on the 1st of February for being friends with another tenant. I don’t know what to do.

I’m so confused and stressed out and only been renting here 3 months. My landlord told me because they were evicting the other tenant who is also my friend that I had to go too. Since day one I have had not one moment of peace. There are 3 of us renting rooms at this private residence. Even... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Find a new place to go. Consult a local tenant rights attorney.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Need to give 60day notice to vacate but I can't due to covid hardship. Can I use security deposit and give 30day notice?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

If the tenant has been there for a year or more, you have to pay a "moving allowance" equal to a month's rent. Suggest you contact a local LL attorney in your area.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: When will vincent hwang be released after the appellate court ruling?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Soon. Insufficient information for more.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Banking and Small Claims for California on
Q: I need the opinion of a lawyer, please. I have a picture of a will, and I need to know if its real or not?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

IMO you need the original will. BTW this is Probate not Banking.

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1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for California on
Q: What are my rights or next steps I should take if the owner of the kitchen I am renting refuse to return my equipment?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Your equipment? You own it. Unless you attached it to the walls/floors, it is yours to do with what you please. Sue owner in Small Claims for value of the property he is keeping. It is called "Conversion." Go to small claims.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Business Formation for California on
Q: I am want to create a business and register the name, but the name already exists and it's also registered.
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Then you probably cannot use that name without licensing it from the owner. Contact an intellectual property attorney in your area.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: Do I have tenant rights during an eviction She told me to get out and lied to me in order to proceed with filing feb 1

I also believe that this is a retaliatory eviction I had no idea this was coming because I do my best to follow rules and not jeopardize my tenancy. On Jan 17 I was served with a 3 day covenant or quit it said my property in on and around the rental property was hazardous waste and according to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Sounds like unlawful Covid discrimination to me. Contact a local tenant's rights attorney, QUICK.

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1 Answer | Asked in Landlord - Tenant for California on
Q: My tenant has taken in two adults during COVID without notice or authorization from me.

The rental agreement was for her and her two young children. She is also only paying 25% of rent. What can l do?

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

It would seem that she is in breach of the lease re: occupancy. You can give her a 3 day notice to correct or quit, and a 60 day notice to quit, depending on the Covid restrictions in your area. You need to discuss with a local tenant rights attorney.

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2 Answers | Asked in Criminal Law for California on
Q: I got unsupervised probation 17yrs ago while. On it i moved to Illinois with the babies mom she is the victim in my cas.

Well we raised our kid out there and we are not together but are best friends anyway i have a fta for. This case what to so to. Put this behind me

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Hire a local attorney to go to court to clear this up.

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1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Civil Rights for California on
Q: Judgment Default filed 2018, DVRO, I go to jail. Now I learned why, wife married another man 2008- we reconciled in 2011

she married some other man while being married to me and lived with him in Texas, then came the theatrics dragging me into court on a divorce she filed for in March 07, the court completely ignoring my request to dismiss. court attorney and wife persuade me to sign divorce papers tell me its final... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Much too complicated to answer on a public forum. Need to review all documents, judgments, and your proof.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Divorce for California on
Q: In California if I buy out the family Home from my husband during a divorce do I count commission as if it was sold

I want to buy out the family home from my husband in our divorce. We have used the appraisal value and subtracted out the loan balance. Do we also take into account the commissions that would have been paid had we sold it for the divorce?

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

For what purpose do you want to deduct commissions that you do not pay? Taxes? Capital gains? Then the answer is probably not. consult a tax attorney with your particulars.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Landlord - Tenant for California on
Q: The place I rent from has been having plumbing issues & my landlord is not on top of it.

I moved here at the beginning of 2020, the landlord is an older lady who pretty much has her daughter (who does not live on the premises) take care of certain things here. We told the landlord in December of 2020 that our plumbing was acting up. The toilet doesn't flush properly, due to that... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Plumbing problems affect the habitability of the apartment. As a tenant you have a right under the Civil Code to "repair and deduct" meaning you can do the repairs yourself (or hire a plumber) and deduct the cost up to one month's rent. You need to give notice to the LL first.... Read more »

1 Answer | Asked in Tax Law for California on
Q: My mother would like to transfer ownership of her $1.2 million dollar home to me. Will there be a gift tax? Who pays?

Are there exemptions?

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

There are a number of ways to do this, legally, to avoid capital gains tax, probate fees and other taxes. DO NOT HAVE HER SIGN A DEED UNTIL YOU CONSULT WITH AN ATTORNEY THAT SPECIALIZES IN ESTATE PLANNING FIRST.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Tax Law for California on
Q: Do I need to file a W9 if I did a favor for my dad at the business he owns and he gave me some money via a company check

In the beginning of 2020 my father asked me to help do some clean up in his new warehouse at the business he owns. I was not hired as an employee and did not fill out any tax paperwork I was just only there to help out and my dad always gives me a bit of money for it. At the end he had the company... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Do the W-9, or risk an audit by the IRS for failure to report income.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Animal / Dog Law for California on
Q: Stolen dog in small claims dog; police refuse to get involved

my friends dog has now been stolen TWICE by the same family. She has the paperwork, Bill of sale, and the dog is chipped, but the police said all they could do was make the family return the dog collar but not the dog. The dog managed to get away from the family the first time we got her back and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

If the police say you need to go to small claims, then that is what you need to do. You cannot control the future actions of other people. Sue for $10,000, and if they destroy the dog, you can make them pay full value. Unfortunate but that is all you can do. If seeking money, small claims can... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: I live in California can I put a trespassing order on a sibling if their name is not on the deed of the property

Property was left by grandfather so we inherited the property to the siblings all siblings got part got off the property but I was left as executor

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

If the "offending" sibling has an interest in the property, they would not be a trespasser. As Executor, you have duties to the heirs to act promptly to transfer property, you could be in trouble for neglecting your duties. Best you consult with a Probate attorney in your area.... Read more »

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