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Questions Answered by Maurice Mandel II
1 Answer | Asked in Landlord - Tenant for California on
Q: 3 bed/2 bath apartment was advertised as split 3 ways. Roommates threatening legal action if their rent is not lowered.

One roommate has contacted a lawyer regarding this issue. They are threatening to not pay their rent until I give into lowering their part of the rent. I am on a lease with Essex and my father is the guarantor. My father and I do not want this rent change to happen as it would increase my portion... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

Serve them with a three day notice to pay rent or quit. Follow up with filing a UD action and serving them. In the future, to not let anyone occupy the property until you have a WRITTEN RENTAL AGREEMENT with them that clearly spells out the property they are renting and the amount they are going... Read more »

1 Answer | Asked in Criminal Law for California on
Q: I’m being charged with grand larceny I took 528$ of 1029$ Out of my bosses money bag he’s saying there was 17,000$ in it

Should I go to trial

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

Have you ever heard that you have the right to remain silent and everything you say can be used against you? Well that includes admitting crimes in public forums like this one. STOP POSTING INFORMATION RIGHT NOW. There is nothing special about this forum and you could be admitting committing a... Read more »

2 Answers | Asked in Employment Law for California on
Q: Can an employer (a daycare) require an employee to make up hours because they receive a payment from a PPP loan.

Our daycare was closed during the pandemic because we were considered non essential. Our employer received a PPP loan during this time frame so they can pay us. Since we were closed during that timeframe we only worked partime cleaning etc. Now that the business is up and running our employer is... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

This is a first impression to me and I hope other employment attorneys will also respond. IMO they cannot make you work now for money they paid you in April, they have to pay you your usual wages for work done now. Otherwise you have a claim for non payment of wages, liquidated damages for non... Read more »

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1 Answer | Asked in Insurance Defense for California on
Q: statue of limitations in California for auto insurance fraud
Maurice Mandel II
Maurice Mandel II answered on Aug 6, 2020

The standard fraud SOL is three years.

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1 Answer | Asked in Real Estate Law for California on
Q: My rent went up 1 Aug but in the automated payment system it said I owed the old amount which I paid am I liable.
Maurice Mandel II
Maurice Mandel II answered on Aug 6, 2020

Yes, but probably not for any late fees if the system made an error. Contact your LL.

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2 Answers | Asked in Civil Rights for California on
Q: On what terms or civil code can I use to protect my rights NOT to use a face covering in any store or dental office?

I told dental office it went against my religious believes and it also posed a health risk to wear a mask. They allowed me services without wearing one but after I was finished and waiting to pay they asked me to put one on..again I told them I could not..so they told me to find another dentist

Maurice Mandel II
Maurice Mandel II answered on Aug 6, 2020

As far as I am aware you do not have the right to engage in acquisition or transmission of a communicable disease, which is why there are emergency regulations requiring you to wear a mask, even if it slightly infringes on your right to practice a religion. The rights granted to you by the Bill of... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: My company is giving career growth resources to people of a specific racial background (only). Is this legal?

Career growth resources means paying for special courses and coaching by an outside vendor. It is indeed a part of a diversity and inclusion initiative that is trying to give more resources to specific racial groups in an effort to promote more of them into the highest level roles in the company.

Maurice Mandel II
Maurice Mandel II answered on Aug 6, 2020

Possibly, if this is part of an Affirmative Action Program. (remember those from the 1980's. There really is not enough information in your post for me to respond with much more than speculation. Ordinarily, denying benefits to a group based on their race is prohibited under the FEHA, and... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and White Collar Crime for California on
Q: Is this harassment to be quarantined by employer that is assuming another company has covid without symptoms or results.

I was working with contractors and a company man came out screaming for everyone to wear masks, as I was working and wearing a mask he saw mine was below my nose. As was his mask. As I pointed out his was below his nose, he sped off angry. Went to higher up and I’m now subject to quarantine... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 6, 2020

"What is good for the goose is good for the gander." EXCEPT when the gander is a jerk supervisor, then you have to "Do as I say, not as I do." Sorry you have this problem but you probably don't have too many rights here other than to photograph this supervisor and report... Read more »

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3 Answers | Asked in Employment Law, Personal Injury and Employment Discrimination for California on
Q: I work at a Senior Assisted Living. I am a Medication Technician. One of the residents struck me with their walker.

The walker hit my right shoulder and right hand. This happened on Friday evening during my shift. I put in an incident report. I was off the following day Saturday. I went in to work on Sunday where management had insisted I go to urgent care, which took my whole shift. I was diagnosed with... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 6, 2020

Any claim against your employer for a work related injury is under Worker's comp. However, any claim against a third party, such as the senior that struck you, is a tort or negligence claim. Just because they are in a senior living facility and old does not give them license to pick up their... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: My mom filed a restraining order against my dad. She then invites him back home months later. What are the consequences?

My mom filed a restraining order on my dad a year or two ago. The restraining order is still active, but my mom decided to let my dad come back after he promised her that he would change. Everything was okay for a couple of months, but he then begins to go back to his old ways with his gambling and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 5, 2020

This happens a lot. H is in violation of the restraining order, even if W invites him back, and sometimes W invites H back so W can turn him in and get him in trouble. But in this case H wheedled his way back in the door because W was weak. There could be consequences for both of them, in... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Selling property in LA County. Broker says their E&O carrier makes it mandatory for us to purchase Home Warranty.

We are selling our home in LA County, closing August 12th. Our Realtors Brokerage informed us that their E&O carrier makes it mandatory for us to provide a Home Warranty (think Homeshield) for the buyer.

I'm a realtor (in MO) and have never heard of this being a mandatory item.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 5, 2020

Apparently there is a lot of this occurring right now because someone else posted this exact same question here a couple of days ago, or was that you? The answer is: This is not a legal requirement. The solution I offered was for you to tell your broker that his company can pay for the insurance... Read more »

2 Answers | Asked in Consumer Law and Internet Law for California on
Q: What are my rights if I ordered an item from an online retailer and received a more expensive item instead?

They discovered their error, asked for it back, and are now invoicing me for the difference.

It appears to fall under the "unordered merchandise" clause on the FTC website but want to clarify as technically I did order a different item and was sent something more expensive in... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 5, 2020

Mr. Kaufman gets right to the point, but the law may not be so direct. As a consumer, you are not obligated to pay for or return UNSOLICITED merchandise that is sent to you. However, the item that was sent to you was not Unsolicited, it you solicited merchandise but they sent you a different... Read more »

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2 Answers | Asked in Animal / Dog Law for California on
Q: How many chickens can I own within city limits Vallejo,CA,94589
Maurice Mandel II
Maurice Mandel II answered on Aug 5, 2020

Cooked or live? You can have as many cooked chickens as you carry. I agree with Mr. Light, call Animal Control with the Police department. Or research the local city ordinances about owning livestock.

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1 Answer | Asked in Uncategorized for California on
Q: I pay a monthly booth rent at a salon in CA thats under mandatory shut down because of the coronavirus.

My question is- Is it legal for the owner of the salon to still charge me booth rent for a space in the salon when I’m not allowed to use it because of the shutdown?

Maurice Mandel II
Maurice Mandel II answered on Aug 4, 2020

What does your agreement with the salon owner say? It would seem improper for the salon owner to collect rent from you and not provide you with the access that you bargained to pay for, even if the failure to provide access is because of Government orders to shutdown. That is not your... Read more »

2 Answers | Asked in Real Estate Law for California on
Q: Can Remax legal department 'demand' that we purchase a home warranty plan for the buyer? Located in LA County.

We are closing on August 12th, selling our property in LA County. Our realtor (Remax agent) informed us last night that the Remax legal department is requiring us to purchase a Home Warranty policy for the buyer as a condition to closing. Are they legally allowed to demand this? We have to pay... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 4, 2020

Since it is the Remax Legal Dept that is requiring it from you, their client, ask them to pay for the premium out of their commission. I agree with Mr. Brysk's analysis too.

Justia disclaimers below, incorporated herein.

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Small Claims for California on
Q: Manager retaliatory issue that includes harassment,bullied, rent overcharges upon a mentally challenged tenant & they

They refuse to work out. Would of settled 2mo. No charge but no more. Ive hadit.$500-700$+ rent overcharges manager refuses to make good, belittles me, harassed, maintenance guy violated privacy, theft never sent letters i wrote to owner & seriously MORE issues!!

Maurice Mandel II
Maurice Mandel II answered on Aug 4, 2020

Your post is not really clear what is your issue. "Retaliatory" can be an opinion word, not a fact, you need to specifically describe what they did to you. It is nice to keep saying "they retaliated" but this does not make it so, you have to show what they did and how it was... Read more »

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1 Answer | Asked in Real Estate Law for California on
Q: If the seller of a rental property overstates rental income of a property to a buyer what damages are available?

This is somewhat of a hypothetical, but say a rental property is sold for $100,000. Seller represents to Buyer that the rental property generates $30,000 in income per year. Buyer finds out after the sale that the rental property actually generated $15,000 in income per year. After accounting... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 4, 2020

So your question is directed at what damages you can recover for fraud or negligent misrepresentation in a real estate sales transaction, you are not concerned at all with proving that there was an actionable misrepresentation. The answer to this question as you posed it is all of the above. You... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: If I’m subpoenaed for a deposition as a non-party witness while on disability do they reschedule?

My boyfriend is part of a civil case, I’m scheduled to deliver my baby by csection august 19th. The other parties lawyer is now trying to serve me with deposition papers (assuming anyway, as a process server has been looking for me places I haven’t been) also knowing when my csection date is.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 4, 2020

Will they reschedule? You say the other attorney is being a Jerk (comes with the territory you know) so who can say? SHOULD they reschedule? Yes, they should. Must they reschedule? If you properly ask the Judge, yes. No judge is going to make a woman in labor or one in post partum give a... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Question about accommodations during depositions. Please see "More Information" section

Situation: Plaintiff with a medically diagnosed disability files a lawsuit. Plaintiff is scheduled to be deposed. Plaintiff requests as an accommodation that a real-time written transcript be provided during deposition to accommodate Plaintiff's medically diagnosed Auditory Processing... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 4, 2020

This is a very interesting question because it involves a cross over between Civil Procedure law and ADA reasonable accommodation law. I presume that you are Plaintiff and you are representing yourself, so welcome to the quicksand called Civil Litigation. I think your proposed answer is very... Read more »

2 Answers | Asked in Personal Injury for California on
Q: on a public street in a neighborhood. The homeowner that lives on the street comes out to my car and assaults me. who

i was told to come by the house by the owner. I was on a public street. He come outside and chocked me, gave me a black eye. Nothing happened to him. who is at fault? Police were called and both parties were cited for mutual combat even though i never put a hand on the other party. Pictures were... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 4, 2020

I see that your first call was to the Police, not the lawyers, this is good. But the Police ended up not being any help to you, so now what? You can sue him for Battery and Negligence in Small Claims, and present your damages, medical bills, medications, testimony about emotional distress,... Read more »

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