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Questions Answered by Maurice Mandel II
1 Answer | Asked in Landlord - Tenant for California on
Q: My rights moved in with bf 1 year ago which he should of moved out of room about 6years ago landlord knew he was still

There and was aware of me moving in and never question it but now all of a sudden they want to demolition this build and want us out now do we have rights

Maurice Mandel II
Maurice Mandel II answered on Sep 26, 2020

Most of your rights are set out in the written rental agreement that you have. Don't have one? You still have rights to 60 day notice to move and a moving allowance of one month rent. You are entitled to a return of whatever security deposit you have with the LL. The problem is that the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: _A German attorney claimed that his client's moon photo was published by our site and that we need to pay him for

the photo was originally published publicly by Facebook & Google two years ago and it was never brought to our attention that it was owned by his client.

The site is made for students @ Berkeley non profit is called 1Zumba.com

Under the Fair Use of the American Law, can we ask... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 25, 2020

He would have to obtain jurisdiction over you to sue you in a German or Greek court. If he comes here, you are probably protected by the public domain doctrine and the fair use doctrine.

Justia disclaimer below incorporated herein.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: My apt complex has a security company tow numerous cars daily. In un numbered, uncovered, seemingly open spaces.

Never once did they address parking on our walk thru. Not 1 sign is posted anywhere in the entire complex or gates, addressing parking. My car was not near a fire hydrant, stuck, blocking any entrance, or impeding traffic, foot or vehicle? Nor did they give any notice, 72 hours or otherwise... and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 25, 2020

Create a paper trail showing that you requested a permit for your car. Sue all three in small claims because the security co is just an agent of the LL, and the tow company is just an agent of the LL, too. There is a section of the VC that prohibits a company from towing when the registered owner... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Hello can i file a motion to amend a third complaint? I mistakenly missed my first opportunity to do so. I'm in Pro Per.

I've made such a Huge mistake because the honorable judge gave me a chance to leave to amend it once 7 months ago.. yet because I didn't believe in myself I did a dumb thing I just assumed I would retain an attorney to do it for me.. Nope.. so the judge gave me 15 days to make a third... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 25, 2020

It is obvious from your post that you need to get an attorney, you even admit you need to. You might get some leeway due to the various orders stopping court proceedings due to pandemic, but something needs to be done pronto. The good news is that if your other claims have... Read more »

1 Answer | Asked in Traffic Tickets for California on
Q: I got a ticket out of state (Utah).I paid it online, Did I have to still show up to court? It has been almost a year.
Maurice Mandel II
Maurice Mandel II answered on Sep 25, 2020

It depends on what kind of ticket you received. First, this is best posted in Utah, since Utah rules apply, not California. It depends on what kind of a ticket you received, some tickets require you to show up, like over 100 mph, or involved in an accident, and there are plenty of roads in Utah on... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: What is the law in CA re replacing car seats after an accident?

There was one occupied and one unoccupied child seat at the time of my car accident. Progressive says they will only pay $125 to replace the occupied seat. Is this acceptable per CA carseat laws? I was under the assumption they should be responsible for fully reimbursing the cost of both seats.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 25, 2020

IMO the issue is not whether the seat was occupied, but whether it was damaged so as to make it dangerous to continue to use for a child's safety. You have asked several questions about this and Mr. Light told you what to do to go to small claims to obtain satisfaction, which is your best... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord is selling the property, and wants me to move, I can't find anywhere to move that suitable for me and my

elderly /disabled mom, I am current on my rent. What happens if I cant find a place before the 60 days? can He evict me? and am I'm Intitled to a relocation fee? Please help

Maurice Mandel II
Maurice Mandel II answered on Sep 25, 2020

Yes, you are entitled to a relocation fee of 30 day's rent, if you lived there more than a year; and yes, he can evict you if you don't move after 60 days. You need to find a place to move to, or negotiate with the LL for an extension.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Employment Law and Government Contracts for California on
Q: I am a staff psychiatrist in one of the state hospitals in California. I want to work as a contractor with another state

hospital. I was told I have to wait 2 years after I resign from my current job in order to apply as a contractor with the state hospital. How is this legal? I am not involved in any negotiations, planning, arrangements or any policy-making relevant to physician contractors. My current job is as a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 25, 2020

Mr. Pedersen is correct that there are California statutes that prohibit restricting most employers from preventing former employees from obtaining employment with "competitors". Think of a manufacturer's salesman, he can quit and work for a competitor but he cannot use trade secret... Read more »

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1 Answer | Asked in Real Estate Law for California on
Q: Caregiver only has medical power of attorney. What is legally required for a conservatorship?
Maurice Mandel II
Maurice Mandel II answered on Sep 24, 2020

A person seeking to be the conservator of another's person or property (that is two different types of conservator) must file a petition in the County in which the conservatee resides with the Superior Court, usually the Probate department. There are a lot of hoops to jump through, you will... Read more »

2 Answers | Asked in Employment Law for California on
Q: Can an offer be rescinded for not providing I-9 documentation within 3 days even if no work was performed?

If a candidate accepts a verbal offer and sets a start date but does not have I-9 documentation and doesn't not start work on the start date, can an employer rescind the offer or must they hold that offer open?

Maurice Mandel II
Maurice Mandel II answered on Sep 24, 2020

The way this is worded it sounds like it comes from an Employer not an Employee. You use the word "candidate" which implies that this is some specialized position requiring qualifications to be vetted, not just a fry cook at McDoos. Based on that I would say there is insufficient... Read more »

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2 Answers | Asked in Civil Litigation for California on
Q: Do the attorneys who defended me on a civil case have any obligation to defend me on another civil suit?

A year ago I prevailed in a breach of contract case brought against me. Now the plaintiffs from that case are attempting to sue me for "wrongful use of civil procedures" from the breach of contract case. The plaintiff complains about the manner in which my attorney's defended me in... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 24, 2020

The question- do your former attorneys have an obligation to represent you in the new suit, is no. However, as Mr. Dorfman points out, this could be disposed of by a civil procedure, and then it could be turned around and become a Malicious Prosecution lawsuit by you against the other side, and... Read more »

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1 Answer | Asked in Internet Law and Identity Theft for California on
Q: Someone accusing me harassing them by sending text messages but i did not do it. Please advise.

They are using my cell phone number.

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

You need to find an expert in Cell Phone Technology like the guys on Catfish, who can show that someone cloned your phone and is sending messages pretending to be you from the clone. People masquerade as others all the time. It has been an email problem for about 15 years.

Justia...
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2 Answers | Asked in Criminal Law for California on
Q: What does an Amended minute order mean ?
Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

It means the Court changed something in the Minute Order.

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1 Answer | Asked in Consumer Law for California on
Q: Last week Doordash charged me 9 different orders I didn't make. Now I'm having trouble getting my money back.

I contacted them they said I would be refunded and now today they emailed me saying they want more info. This was fraud on their end and my card wasn't compromised on my side in any way.

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

Submit a dispute to your credit card company. Close your account with doordash and create a new account.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Copyright for California on
Q: Discovery - Copyright case in CA

I have filed a copyright lawsuit in CA as a pro se litigant. Does opposing counsel need to verify his responses to Plaintiff’s Request for Production of Documents? He has produced no documents and objects to all but two requests. Thank you.

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

If you filed a copyright case in pro per, you are swimming in very deep water with a lot of sharks. Opposing counsel does not need to verify Objections that are responses, but if he did not object to 2 of your requests those responses must be verified by the Defendant. If you do not agree with... Read more »

1 Answer | Asked in Criminal Law for California on
Q: How to stop a person from driving uninsured cars with expired tags from a person who has died?

My friend passed away, I am the named Executor, in probate court now. Next court date in Dec. A squatter who says he's been living in house of decedent, since 1/2019, is driving 2 cars, 1 with expired registration and no insurance is on cars. This person has not been living there at all.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

The taking of another's property without permission is theft. The police deal with this. You can call and ask for an officer to meet you at the property and with proof of your right to possession of the property as the executor, get the keys.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Child Custody for California on
Q: Can my friend do anything to get out of custody of her father?

My friend has a mentally abusive father. He screams at her for really small things for a long time now. He cusses and screams and it has taken a toll on my friends mental health. She has considered going to court with her mom to get out of custody from him but they’re scared to lose, or if they... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

There is a procedure called the emancipation of a minor that would exclude her father from further duties/privileges in raising her. Sounds like she really needs to contact a Family Law Attorney that handles Child custody matters for a full consultation.

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3 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: As a LEO, conducting traffic enforcement stop - does asking vehicle operator to roll down tinted windows Alter -

While conducting a traffic enforcement stop - the officer asks vehicle operator to roll down tinted windows (example: 0 percent tint). If that reveals contraband is that in plain view? - or does the action of rolling down windows alter?

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

Why is a LEO different from a GEMINI or a TAURUS? An officer has the right to ask you to step out of the vehicle and if opening the door would reveal the contraband you left in plain sight, it is probably not an infringement. You might need to establish that rolling down the window was not within... Read more »

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2 Answers | Asked in Landlord - Tenant for California on
Q: landlord has sold the house im living in and hasnt given me a 60 day notice and is telling me i have to go and much more

the ac is broken and he said he wont fix it. they are being complete jerks to me and my family. this covid crap has made things extremely difficult . i need help.

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

Very sorry to hear that you are experiencing these problems. Temecula is a real hot spot so no AC is really a problem. You can fight them but you will risk getting an unlawful detainer complaint filed against you and have to defend that. If you have been there more than a year, you are entitled to... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: I need some legal athorities for illegal search and siezure
Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

Mr. Gribow practices in Palm Springs not too far from you, it might behoove you to retain his services to discuss what you want.

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