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Questions Answered by Maurice Mandel II
2 Answers | Asked in Traffic Tickets, Car Accidents and Civil Litigation for California on
Q: I just received a notice in the mail from DMV It says that my residence address has been requested and released pursuant

To vehicle code section 1808.22 what's that mean?

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

I think it means that someone thinks you hit them and want to bring a claim against you. Better contact your Ins co, and ask them if someone has made a claim. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask... View More

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2 Answers | Asked in Contracts for Nevada on
Q: a contract says they will transfer a life insurance policy with approximate cash value of $68,000. The amount was actual

actually $63000. am i entitled to the $5000 difference?

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Probably not. This is an issue of mutual mistake. You are not entitled to take advantage of another's mistake. The facts you gave said an APPROXIMATE value of $68000, this seems to be close enough to the actual value of the policy. This case arises under CONTRACT law. You need to discuss with... View More

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1 Answer | Asked in Personal Injury and Real Estate Law for Oklahoma on
Q: AT&T through a contractor, damaged our property. Can I ask for compensation for negligence/inconvenience/delay in payme?

A contractor layed cable for ATT underground in our neighborhood. They bored a hole and placed their cable through my sewer. We had a very difficult time getting to the damaged area so the cost exceeded our expectations. Now the contractor is delaying payment for actual damages. Also, they are... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

This sounds like a property damage case, why would there be arbitration? You are not suing ATT over services you contracted for them to provide? You are suing as a property owner for damages incurred by their negligence. This case arises under REAL PROPERTY DAMAGE/TRESSPASS law. You need to... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Is it legal to deduct from a salaried workers pay if they take days off after PTO is used, even if they work 40+ hrs?

I have a very small base salary, and 3/4+ of my pay is generated via commission. When I started I was told I don't get PTO. I just have to generate enough sales to cover my time off if I want a good paycheck. Then at some point they implemented 40hrs of PTO. We are required to work EVERY... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Difficult situation. Usually if you work even an hour a day, the employer cannot deduct, but many wage laws allow a deduction from a salaried worker's pay if they miss an entire day. It does not seem right if you are also working 40+ hours a week. That is full time. This case arises under... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord rake me to court over accidentally damaging a tree while mowing?

I was mowing the yard at my rental property and accidentally damaged a small tree and is now dieing and my landlord threatened to take me to court. Even though we see each other multiple times out of the day he refuses to come to me directly with any issues or concerns but instead will go through... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

The direct answer to your question is Yes, the LL can take you to court over property damage. The issue is whether you were negligent in damaging the tree while mowing. Other issues are: Who is responsible under the lease to maintain the property? Did LL provide you with any instructions about... View More

1 Answer | Asked in Sexual Harassment, Personal Injury and Civil Rights for Connecticut on
Q: Need a lawsuit lawyer about several issues that occured emotionally, physically, sexually and traumatized from dcf care

What area of law does all of this fall into if your trying to sue the state if your kids were wrongfully diagnosed and put on narcotics when they never had any psychiatric issues, and were sexually abused, physically abused, traumatized and neglected while in foster care. What form of a lawsuit... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

This case arises under FAMILY/CHILD ABUSE AND GOVERNMENT CLAIMS law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

2 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for Ohio on
Q: Can a foreign spouse get visa/greencard if US spouse cheating while they still in their home country??

I wanted to know if I reported the married man who I’ve been sleeping with marriage to a foreigner to be fraud

and the USCIS deem their marriage to be fraud after the marriage has been reported for fraud would she be able to use him cheating in some way to get her marriage visa/green and... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

You want to report the married man you are sleeping with to the USCIS as having a fraudulent marriage because he is having sex with you? First, it doesn't sound like you are the most reliable witness, but you can certainly report to the USCIS about his sexual activity. I am not so sure that... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: what can i do if my daughter is with her dad and his girlfriend but is infested with head lice and they have no

intentions of cleaning her head out.

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Is there an active family court case? Get her to an MD and get a report to the judge. This case arises under FAMILY/ CHILD ABUSE law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Wrongful Death for Colorado on
Q: Justice for my son who was wrongfully murdered by a Englewood Police officer. It's being ruled as justified.
Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

This case arises under CIVIL RIGHTS/EXCESSIVE FORCE law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer. CALL AN ATTORNEY NOW!!!!!

1 Answer | Asked in Employment Law and Civil Rights for Massachusetts on
Q: I was terminated from my job and made to sign a promissory note, do I have to pay it?

A few weeks ago I was terminated from my retail job of 4 yrs’ I was brought in the office to speak to LP. I was not even clear why I was there and had to ask 2times. They questioned me for 2 hours.they accused me of giving free merchandise to a customer by not scanning it. I don’tknow this... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Most states have laws preventing employers from recovering damages from employees/former employees for ordinary negligence. If you made an error in ringing up an item, you are not responsible to repay the employer for this. Being detained against your will for 2 hours by LP could be false... View More

1 Answer | Asked in Employment Law for Wyoming on
Q: I was fired from a job on 5-2-23, and i had pto built up,can they legally keep that from me on termination.

I gave my two week notice,was called into the office and was told i had infractions concerning the company policy,was wrote up on several items,at the last day of my resignation week,i was called back into office and terminated.

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

It depends. Some states require payment of accrued vacation time because this is a part of the compensation package. But accrued sick leave is not treated the same way. Unable to tell about your PTO. This case arises under EMPLOYMENT/BENEFITS/WAGE law. You need to discuss with an attorney in your... View More

1 Answer | Asked in Medical Malpractice and Civil Rights for South Carolina on
Q: My primary care provider asked me why am I donating plasma, I answered because of financial reasons. After the fact

I felt like my privacy was violated. It was none of her concern whether or not I'm doing it to Save a Life or for financial reasons. I had to go there because the Plasma Place needed my primary care physician needed to type up a letter saying what medication I am on and whether or not they... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

You voluntarily responded to your PCP, so no privacy invasion, or HIPPA- which is improper disclosure to third persons. Malpractice? Probably not. Even if it was one of these violations, you probably do not have any significant damages that would be recognized as compensable in a Court of law. This... View More

1 Answer | Asked in Immigration Law and Personal Injury on
Q: My wife was a US citizen when I filed the petition, she passed away just days before my visa interview, what i do now?

we also have a 6 months child who is US citizen as well but in critical condition due to a car crash in which my wife (sponsor) passed away. my visa interview is just 2 weeks away, what should i do now?

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Terribly sorry to hear about your wife's death and daughter's injury. IMMEDIATELY contact an immigration attorney for representation. Impossible to say what the ramifications are. This case arises under IMMIGRATION law. You need to discuss with an attorney in your jurisdiction that... View More

1 Answer | Asked in Employment Law for Oregon on
Q: Can my employer tell other employees that I failed a drug test?
Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

it would appear at first blush that this is an invasion of your right of privacy, public disclosure of private facts. It isn't slander if truth is a defense. If this was part of a medical procedure the employer required, this could also be a violation of HIPPA - confidentiality of medical... View More

1 Answer | Asked in Divorce for Maine on
Q: Is my daughter, the defendant in her divorce case, required to respond to her husband's lawyer after filing for divorce

The lawyer emailed her some legal papers. One was about discovery something

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

YES. If she is representing herself, she must comply with all court rules and procedures. This case arises under FAMILY LAW. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Family Law for New Hampshire on
Q: Can I pick up my granddaughter she hasn’t been to school in over a year. Can I get her and go to the police from there?

She has not been in school for over a year and I want to go get her. Her father, I believe has been doing drugs and she’s been living in a truck for over a year. Can I go and get her then from there go to the police so I don’t have a kidnapping charge? I want her to come live up here with her... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Suggest that you contact the school authorities where she lives, first and they can advise you from there. You don't usually automatically obtain custody of a grandchild without a court proceeding for the protection of the child. This case arises under FAMILY/CHILD ABUSE law. You need to... View More

1 Answer | Asked in Traffic Tickets and Immigration Law for New Hampshire on
Q: Can I drive with my valid home country drivers license and passport in NH? Spouse of US citizen waiting for work permit.

I’m married to US citizen and filed for adjustment of status and employment authorization. At this point I have my I-797 receipt notice and have done the biometrics. My home country drivers license, passport and US visa are valid. Can I drive in the state of NH while I wait for my EAD?

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Most states require you to obtain a state driver's license after being a resident for a particular time period, it could be 10 days to 6 weeks. Non-Citizens can have US state driver's licenses. This case arises under traffic ticket law. You need to discuss with an attorney in your... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: Was diagnosed with cancer & my employer has had me call out since they were informed and now removed me fr schedule?

This is happening to my brother who has cancer and he has been denied going to work since informing his work. What are his rights and next steps?

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

The issue is whether he is a Qualified Person with a Disability- able to perform the essential functions of his job. These facts certainly sound like the employer has violated the Federal ADA and possibly CO state laws too. He is entitled to a reasonable accommodation for a physical disability and... View More

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Can a cop issue me a speeding citation without pulling me over, and without a positive ID of me?

I am a volunteer firefighter and I was responding to a call with a blue light on my car, I ended up passing a PSP trooper running radar who claims he caught me doing 90 in a 55. The trooper did not attempt to follow me or use his lights to stop me stating he "didn't want me thinking he... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

In most jurisdictions, the PO has to make a positive identification of the driver and their identity. This case arises under traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Traffic Tickets on
Q: How long can a speeding ticket stay in limbo after it was filed?

Ticket date 3/27/21, file date, 3/14/22 Court date filed but continued 6/24/22. I've gone through 4 judges so far. Will this go away for failure to prosecute or am I stuck in ticket purgatory?

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

YEARS, sometimes decades. I have seen tickets revived from 2013. This case arises under traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

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