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Questions Answered by Maurice Mandel II
1 Answer | Asked in Traffic Tickets for Colorado on
Q: While I was driving Uber I saw a cop before I reach the stop sign. Once I pass him I completely stop, but he give ticket

I was having a customers which all of them agree with me that I make full stop. But the cop keep pushing on giving me a ticket, I wish I have a dash cam, but unfortunately don’t. So what can I do

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Best is to get a traffic ticket attorney. Or you can plead not guilty and subpoena the Uber customers to testify that they saw you make a complete stop. But the Court is not obliged to believe them even if they show up. You will end up with unhappy customers who will complain to Uber. Thank you for... View More

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: If you lost your license due to 2 traffic tickets and never took care of it how do you fixand are there warrants for you

Adult son has two driving violations from 2018 and 2019. He lost his license and never took care of it in court. He’s been out of state and wanting to fix this. How does he go about fixing these? The cases are marked as dismissal by leave, but I can’t find any fines or anything else.... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

He needs to contact the Courts and determine what the status of the tickets is. They have websites now, he can put in the citation numbers and find out. This is what happens when you don't take care of tickets, in the computer age, computers never forget. He could hire a traffic ticket... View More

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Is it legal?

I have been living in Brooklyn NY for 5 years now. I have my job and apartment, but still hold on to my Florida license, and still use my mother's address in Florida to insure my car for cheaper insurance. I am trying to do the right thing and want to know, is it legal to live and drive in NY... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Probably not. Most states have laws requiring you to be licensed in their state when you change residence into their state. CA gives you about 2 weeks. It's about money, taxes, licensing fees. Every state wants their cut. As for insuring your car based on Mom's Florida address, this is... View More

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: Received no insurance got next day court fined payment plan state additional fine dot understand
Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

You were cited for no insurance, the citation is as to the date you were cited. Just because you got it a day or week later is of no import. If you had obtained insurance on that day, even after the ticket- just before midnight- you could beat the ticket. But a day later- not a winner. Thank you... View More

2 Answers | Asked in Traffic Tickets and Car Accidents for North Carolina on
Q: In April I was involved in a rear end collision.

I was driving my FedEx truck and due to a sudden stop in traffic from a different accident up the road, I didn't stop in time. I made every effort to stop, giant skid marks and cameras prove that. FedEx trucks have inside cab cameras as well as external cameras. I still have my job because... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

This sounds like you were cited for a failure to stop. What you have described is a common occurrence on the roads, but it is the requirement that every driver operate their vehicle so that they can stop in time to avoid collision with other vehicles, objects and people. To me it sounds like you... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Will I get a ticket for passing this school bus?

The bus was approaching a railroad, with its hazards on. Neither the yellow or red flashing lights were on when I passed, however when I checked my rear mirror the red lights were flashing and the stop sign had been put out. None of these were on when I made the maneuver but now I’m worried I... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

In most states it is illegal to pass a school bus WHILE it is displaying red flashing signals and/or a stop sign. If the bus displayed these AFTER you passed, you did not commit a violation, but you do not say whether you were cited or not. The police will most likely not issue a citation they did... View More

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: Traffic ticket Florida in 1981 ; shows up as a flag in other state upon DL renewal. How to resolve? Interest, Penalty?
Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

You need to contact the Court in Florida to get this ticket resolved and off your record. So old, probably a failure to prosecute. Thank you for using Justia's Ask a Lawyer, but don't rely on what you are told here, consult a local attorney who will obtain all the facts from you and... View More

2 Answers | Asked in Probate and Family Law for California on
Q: How do I edit the form GC-110(P) - Petition for Appointment of Temporary Guardian of the Person after it’s been file?

I quickly filled out the form by hand and filed it with clerk on 5/24 but it is messy and has scribbled out mistakes and there’s an answer to a question that I would really like to change as well.

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

Judicial council forms can be filled out on a computer, they are "fillable" pdf files. But you need to print them out and rescan them in order to file them electronically, the Courts do not accept "fillable" forms for filing because sometimes what is filled in disappears into... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: I thought that The California Rule of Court for this issue is 8.220(d).Does CRC 8.220(d) figure in as an application?

Thank You for your time and Response

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

CRC 8.220 discusses what happens when an Appellant fails to file his/her opening brief in the time period set by the Court of Appeal, the CRC, local rule and statute. One of those options is to request an extension of time to file, once notified of the default by the Court. The time period is very... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: In Reference to CRC 8.62 I believe there are 8-9 Good Cause reasons(list)?One of The choices from the list is...(cont.)

If Applicable-What are The Nature and Number of issues, and Their Complexity to the overall Case? From what I know about this next part of The Appeal-I either have The option to state Why I would be Prejudiced if The Extension of time is not granted Or it is Mandatory that I let The Court know Why... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

First, there is no CRC 8.62. If you are asking for an extension of time to perform an action in an Appeal, you must show good cause. What you have described could be a good cause for extension. You should provide all available information to the Court for it to determine whether you should receive... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: Can a property owner in San Diego charge a “holdover tenant” a full month’s rent after overstaying their lease 2 days?

Overstayed lease end date in San Diego, CA by 2 days in May or June 2021 without permission from the property management company. I expected to lose the security deposit and be charged a pro-rated rent based on those 2 days, and at a market rate higher than my original rent price, which I felt... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

Your occupancy is based on your rental agreement/lease with the LL. This document controls the relative rights/ duties of the parties. It is not possible to answer your question without reviewing this document. Yes, it is possible that you forfeit an entire months rent by overstaying the move out... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: If I had a subleaser who refuses to move out after the 30 day notice put in by me can my landlord recind my notice?

I am the master tenant and I put in my 30 days notice which got accepted. The subtenant of the apartment refuses to move out at the end of the 30 days. My landlord has now said she wants to rescind my 30 days notice until the subtenant vacates the property. Can my landlord hold me to the apartment... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

Technically, the sublease is between you and the sublessor, not your LL. You are actually the LL. But this description smacks of a lot of unspoken facts. Why is the LL even getting in between the 2 of you? Why is it a 30 day notice instead of 60? What is your relationship with your sublessor? How... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: What can I do about a landlord withholding my mail from me?

It's one letter from a University (federally funded) and the California DMV. I also never officially had an agreement, contract or arrangement with the landlord as I lived in their detached garage for free. Said garage is not safe to live in, (Lacked windows, proper doors & locks,... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

As a practical matter, being worried about your status affects all that you do or could do. If jeopardizing that status is the primary concern, get out of there. Interfering with the delivery of USPS mail is a Federal criminal offense. You can report it to the post master. Of course the best course... View More

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2 Answers | Asked in Employment Law and Education Law for California on
Q: As an at-will employee, can my employer deny me 40 hours psl

Substitute teacher, is the district obligated to inform us about changes in PSL?

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

"PSL"? You mean personal sick leave? These are for full time employees, including at will employees. My experience is that a substitute teacher is not a full time employee of a school district, they are hired to work assignments and I believe your agreement with the district will spell... View More

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2 Answers | Asked in Family Law for California on
Q: Hi, my father did purchase multiple lands with his retirement fund under my name, will it be considered as community pr?

He did this purchase for business purposes, I have not invested any money in it.

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

Whose Community Property? You cannot have CP with your FATHER. He could have CP with his wife and if he used CP to purchase property in your name, that creates a mess called transmutation of community property. His spouse could have a claim to 50% of the property through a dissolution proceeding or... View More

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2 Answers | Asked in Appeals / Appellate Law, Contracts, Construction Law and Small Claims for California on
Q: How does the Defendant need to present his defense and supporting documents in a Trial De Novo - Small Claims Appeal?

No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

A home building contractor is governed by the Contractor’s State License Law (Bus & P C §§7000 et seq). This law defines a “contractor” very broadly to include anyone who does any work on a building project of any kind. Home improvement projects worth more than $500 must be in writing... View More

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2 Answers | Asked in Employment Law for District of Columbia on
Q: My boss is threatening to sue me for damages on a customers car I scratched up while driving it into the mechanics shop.

I should clarify, I would be fine getting fired but can't pay for damages, I've worked this place for 9 months and have no prior accidents. The boss is threatening to take me to court of I leave as an attempt to extort. The guy tried to do this by lying about my employment status stating... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Your comment raises so many issues: 1. an employee is not liable for damages caused by his ordinary negligence (this is why employers carry insurance), 2. You are an employee not an independent contractor, there may be wage issues and more; 3. They are extorting you to remain working in order to... View More

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3 Answers | Asked in Criminal Law, Car Accidents and Civil Rights for California on
Q: Can I sue the CHP?

My son was the fatality in a tragic accident. On his Motorcycle one block from home a driver making a left turn did not see him. He was hit run over and became pinned under the vehicle. Their report says my son was speeding 50mph and rear ended the vehicle. Witnesses, 911 callers, neighbors, fire... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

My condolences for your loss, an awful tragedy. Many vehicles offer little regard to the 2 wheeled conveyances and the operators of the 2 wheeled conveyances receive the most serious injuries. But you are not bound by what the CHP wrote in the accident report as the person at fault. CHP did not... View More

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2 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: Is it legal to get fired while on medical leave for a work related injury?

My WC was denied by Amazon for a year and 4 months. I was sent to various doctors and specialists till finally Amazon started paying me benefits, but the same day they had to approve my claim that same day they fired me. The reason they gave me was because i defaulted on the policy rules of not... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

No it is absolutely illegal for any company to fire an employee for discussing their salary, this is in the Cal. Labor Code 1197.5 (k-1) "An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s... View More

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2 Answers | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: In incident happened with my emotional support dog and security. Property mgr gave me notice to get rid of the dog. Then

A verbal statement saying dog could stay. Started procedures to have my 32 yr son to move in end of June. Now MGMT states he would have to be a live-in attendent but he wants to do other kind of work. Been having issues with MGMT since Jan. I feel like I am being harassed and my civil rights are... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Your LL is violating your rights as a physically disabled individual, particularly with respect to having a live in aide. The LL is not able to dictate the terms of your arrangement with the aide, nor can the LL prevent the aide from seeking additional employment for personal support. Thanks for... View More

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