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Questions Answered by Maurice Mandel II
2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: What is the difference between a notice to terminate a tenancy and a notice to quit?
Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

Notice to Vacate is an absolute end to a tenancy. Notice period is per lease, or 60 days. Notice to Quit is 3, 5, 15 days and usually is avoided by doing what the notice says you must do- pay rent; remove vehicle, remove unauthorized tenant Notices must be served in a manner stated by law. If... Read more »

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2 Answers | Asked in Contracts and Construction Law for California on
Q: I had my house repainted; after 15mths the paint is peeling off most windows. How long is the implied warrantee in CA?

In checking on this, I've discovered that the contractor has a valid contractors license, but the manager/salesperson (daughter of owner) does not. Does that matter? Is there an additional vulnerability on their part due to this? She managed the entire job, from proposal to execution to... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

First, this has nothing to do with the implied warranty of habitability. That is a warranty between a landlord and a tenant. 15 months is an unreasonably short period of time for exterior paint to last. You need to take many photos of this peeling paint. As I recall we had unusual rains during the... Read more »

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2 Answers | Asked in Employment Law for California on
Q: I asked to borrow a lighter while working as a custodian at a school. I was fired. Can they do that.
Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

You didn't say if this was a private or a public school, and it makes a difference. Assuming it was a public school, you are a Classified employee and most likely all classified employees in the district have a CBA or MOU that governs their employment. You need to get the union to file a... Read more »

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3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

I like Mr. Kane's answer, and would add, that such an action by you- going behind your attorneys' backs so to speak- could very well be a violation of your attorney retainer agreement. If reported to the Court, the court could very well disqualify you from being the Class Representative... Read more »

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can i use the "Superheroes" wird in a sentance like "Superheroes" drawing book for kids ages 4-8?

The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

Copyright and trademark law is complicated. You need to consult an attorney that specializes in this kind of law, also called intellectual property. For example, I think that the use you propose "Superheroes drawing book...." could be a violation of the Marvel copyright, because you are... Read more »

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1 Answer | Asked in Small Claims for Texas on
Q: What legal action can I take against an individual who owes a debt to me?

My ex sold my truck while I was incarcerated and forged my name on the title to do so. She is judgement proof so taking this to small claims would be pointless. What legal action can I take to collect the debt owed to me?

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Judgments can be good for 20 years and you earn a good rate of interest on them. You should go to small claims to get a judgment against her for "conversion" of your personal property to her private use (selling for money). This is a wrongful interference with your ownership rights.... Read more »

1 Answer | Asked in Criminal Law on
Q: My wife found a wallet in a grocery store parking lot and threw it in the trash at home, did she commit a crime,if so it

We are in Texas

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The proper thing for your spouse to have done is to turn the wallet into the grocery store manager, or to the police. The wallet was lost property and the owner retained rights to his property. By moving it away from the place it was lost, your spouse effectively deprived the owner from the chance... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: How do go about pressing charges?

My man for the 2nd time that lives next to me had his window open and looking into my living room where me and my kids were and he was masturbating right infront of the window were we could cleary see. My son who is 5 year old is the one who saw it and pointed it out. I have photo proof that... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Very sorry to hear that you are experiencing this. I would suggest that you video him in the act then call the police. This kind of sexual harassment is treated by the police very harshly when kids are involved. but they will need some proof, hence the video. As you video you should speak the... Read more »

1 Answer | Asked in Consumer Law and Contracts on
Q: Online Fraud

I am from Uzbekistan. We made a contract with Biomaraktiebolag of Sweden "Company Name: BioMar Aktiebolag Address: c/o R.R. Hb, Köpmannagatan 10, 762 31 Rimbo, Sweden VAT number: SE556369927001 I made a contract with company reg no: 5563699270 website: biomaraktiebolag.com" to buy 8000... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Welcome to the US. Now you must learn 2 Latin words: Caveat Emptor. It means "Let the Buyer beware." In order to provide you with a reliable opinion, it is necessary to review all the paperwork on the contract to see what "fees" were included in the $4000 you paid. It seems a... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Colorado on
Q: Hello I hired a contractor to demolish a trailer and haul it to the landfill about 1 year and 8 months ago.

He charged me $3,000 and asked for cash I paid it. Then I hired him to install a water line he asked for $5,000 down out of the $8k bid to install. it took him 1yr 8mo to finish I assumed I only owe him $3k but he just sent me an invoice asking for $6k more for the water line and $3k more for the... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You spent $8,000 with a contractor on a verbal agreement? It's worth the paper it is written upon. You should contact your state contractor licensing board, because they may have requirements that contracts over a certain amount are required to be in writing, if the contractor failed to do... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Environmental for Mississippi on
Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company.

Management tends to treat employees different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone. Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws. While an employer cannot take adverse... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: What options do I have if my employer is trying to constructively make me quit and has threatened my life

Basically a few months ago I was accused of no call no show. That wasn't the case and I was allowed to keep my job but since this incident my manager that tried to have me fired over the no call no show has been making my day to day miserable I walk on eggshells fearing everything I do might... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The obvious answer, if you are working someplace that is threatening your life to continuing to work there, go someplace else. Your life is more important that any job. Death threats are illegal, even in No. Carolina, you could report the death threats to the police as this is also a crime. Death... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: What does rescinded mean from a decision that the unemployment benefit agency denied my claim

I filed a claim with the unemployment benefit agency and I was denied then they sent me a message saying that the decision was recinded

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Cannot say without seeing the paperwork. It would appear to mean that the decision was taken back. However, they usually say the decision was "vacated" not "rescinded." Rescinded is a contract term meaning the contract was repudiated by one of the parties and they want to... Read more »

1 Answer | Asked in Gov & Administrative Law and Business Law for Nevada on
Q: If I will be serving alcohol in my resto, can non-servers (bussers, kitchen staff) be below 21 years old?

I have a restaurant and I will be serving alcohol soon. I understand that servers or anyone who will be handling the liquor (like bartenders) should be of legal age. How about non-servers like bussers, kitchen staff, and chefs? Do they need to be of legal age? Or can they be below 21 as long as... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Typical lawyer answer: IT DEPENDS. You said the "bussers, kitchen staff and chefs" Are they handling alcohol in the performance of their duties- handling alcohol to be served to customers, not used in food preparation? Many dishes call for alcohol to be added: Bananas Foster, Cherries... Read more »

2 Answers | Asked in Employment Law for Illinois on
Q: Can I sue for wrongful termination and/or pain and suffering?

I was discharged March 1, 2023. I applied for and was denied unemployment because I was fired for my conduct. I appealed and went (via webex) in front of an Administrative Law Judge. She sided with me. And in her opinion I was mailed it seems to me she doesn’t believe I should’ve been... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Many layers of different Federal and State law here. First, the decision of the ALJ cannot be used to establish liability in a civil action over termination, but because you are Union, you don't have that anyway. Nor is it useful in your grievance, some of the reasoning could help you but the... Read more »

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1 Answer | Asked in Small Claims for California on
Q: Ok yo compreun refrigerador en 500 pesos al novio de una policia en el momento noestaba ay ella

Pero yono sabia k tubieron poblemasy ya no andaban pero yo page ahora la oficial me esta amenasando que kiere el refri y como es policia dice k me ba alevantar y esto y otro

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You bought a refrigerator from the boyfriend of a police officer and now she says that she wants it back? But she is not offering you the money back? And she is what?? Your facts are incomplete. Naturally when you paid $500 you got a bill of sale from the boyfriend, right? So you have proof that... Read more »

2 Answers | Asked in Family Law and Civil Litigation for California on
Q: Can a subpoena duces tecum for production of documents be requested after a civil trial has started in the State of CA
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Yes. But your question is not very clear. Is this your situation? Do you want one or were you served with one? Go to the Superior Court website for the court you are in and look for the "forms" tab. Judicial Council forms, Subpoena duces Tecum and accompanying declaration. This is a... Read more »

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2 Answers | Asked in Civil Litigation and Small Claims for California on
Q: If I ask somebody to hold my money and they lost it are they responsible? And can they go to jail?
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You get the typical attorney answer: It depends. Was this a professional relationship? Was there a bailment? What were the terms under which this person was holding your money? If you gave it to a homeless person on the street, probably not. Your brother, probably not. A bank? You may have a... Read more »

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2 Answers | Asked in Child Custody and Family Law for California on
Q: My custody battle is over, how can I express on my podcast my traumatic experience my child’s mother put me through?

I run a podcast and it’s about mental health. I would love to open up about my hellish experience for nine months in the court of law. My child’s mother put me through. I am a great father, who, because she’s upset in her own personal life decided to make me look like an abusive parent with... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

I am not trying to be glib, but VERY CAREFULLY. Anything you say could result in a slander/libel suit against you by your former spouse. She has already shown that she is litigious, and ready to grind an ax (according to your post) so what does she have to lose by suing you for any post you put.... Read more »

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2 Answers | Asked in Tax Law for California on
Q: Does a CA resident partnership that receives a AZ partnership K-1 with ordinary income have to file a AZ return?

It seems that the Ca partnership would need to pass the AZ k-1 income down to its Ca partners who would then need to file non-resident individual tax return in AZ. It seems all the apportionment rules relate to partnerships doing business in multiple states. I wonder if a AZ k-1 received by a CA... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Basically your question is whether a California resident has income in Arizona from profits distributed as shown in a K-1 tax form. First, this is a very specific question and this particular forum for general legal advice is not the place to get legal advice to rely on. Even from me. Your... Read more »

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