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Questions Answered by Maurice Mandel II
2 Answers | Asked in Traffic Tickets for Hawaii on
Q: Should I say YES or NO to the traffic violations on my oath ceremony?

Q: “Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?”

I got cited couple months ago for having expired insurance, but when I attended the court date they... View More

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

What Oath Ceremony? Citizenship? Police force? Usually traffic citations are not considered crimes that you have to report on taking an oath regarding pending criminal actions. Usually they are infractions, unless it is a DUI or a misdemeanor. I really cannot say without knowing what kind of... View More

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2 Answers | Asked in Employment Law, Contracts, Workers' Compensation and Personal Injury on
Q: do i have the rights to sue my employer because of my condition now i get fungal infections and i get this in my work

I'm working in salon so I'm directly contact with the clients and one time i did client who have athlete foot but the salon don't have gloves it's finish so after that i get infected with this diseas now my face have fungal infection and it's getting worst it's spread... View More

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

Sorry to hear about this. If you are actually an employee vs. and independent contractor, you can file a Worker's compensation claim with the state board where you work. You can get medical benefits and possibly lost wages. You may have an additional claim for "serious and willful... View More

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2 Answers | Asked in Employment Law and Appeals / Appellate Law for California on
Q: I won my Pua claim denial. My claim date was 08/21/2021. My last day of work was 02/02/2020. Will my claim be backdated?

Does the CUIAB automatically backdate a reversed Pua claim denial?

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

Congratulations. I suggest that you go to PUA.GOV to find out the answers to your question, or contact the CUIAB, or EDD to find out the answers from the horse's mouth, so to speak. Unlikely it is prospective from the date of the appellate decision. Thank you for using Justia ask a lawyer.

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2 Answers | Asked in Business Law and Identity Theft for California on
Q: I have a unique situation in which my father used my name to open up a company to pay his employees and avoid taxes and

Workers comp. Now that company is being sued and it’s in my name. What can I do. I also have power of attorney durable and under the grounds of not being able to make sound financial decision like not paying anybody he owes. It’s notarized and effective immediately

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

Dad has stolen your identity? You need to notify the creditors of his company that you are not responsible, possibly contact the police or you may be on the hook for the costs, and taxes. This arises in the areas of taxation and business claims. I recommend you contact several attorneys in your... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: iim rentin whit out a lease,the unit has mold infestation, and rats , and the tent does not have a renting permit what

What should I do the mold is affecting our health as well what can I do

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

You have multiple legal issues. Most important is the personal injury through Mold contamination, you need a personal injury attorney for that. Then you have landlord/tenant issues. Are you living in a "tent?" as it says in your post? Or is this a house/apartment/hotel room? Is it a... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: We have a couple with their trailer on our property as and they haven't paid
Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

Contact an eviction attorney to begin eviction proceedings. There are many firms throughout CA that handle this kind of law at reasonable prices. You could start out asking them to pay or move, and follow with a 3 day notice to pay or quit.

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3 Answers | Asked in Tax Law for California on
Q: Got a CP2000 Notice from IRS stating that I have not reported two 1099-NEC that are not mine.

The IRS provided some information on the 1099 including the amount and the issuer of the 1099s. One entity issued two different 1099s. I did some digging and discovered that both belong to my family members. They confirmed that they reported income for the two 1099s received from that issuer and... View More

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

IRS makes mistakes just like any government agency. However, there are also a lot of scammers who pretend to be the IRS in order to commit IDENTITY THEFT, and you may be providing them with information about your relatives that could allow the scammer to steal their identity. I would contact the... View More

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2 Answers | Asked in Business Law, Criminal Law and Civil Litigation for California on
Q: Hello,Employee, damages business property and steals money following a scammers orders, police say they won’t act!

Hello,

I have a retail store in California, my employee alleges he received a phone call from someone who instructed him to take all the cash in the store and break into all our locked cabinets even the safe, and take pictures of IDs, checks, bank account information, insurance information... View More

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

Sorry to hear that you were victimized like this. No, you cannot sue to police to get them to conduct a criminal investigation or bring charges. You can go over the detective's head to his supervisor to complain, but the police have discretion about what cases they will pursue. You need to... View More

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1 Answer | Asked in Consumer Law, Collections, Energy, Oil and Gas and Municipal Law for California on
Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal

My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling... View More

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

This is awful. You need to contact the utility immediately to have service restored in your own name. Deduct from rent what you must pay. Your landlord is prohibited from doing this to force you out, it is in a statute, I believe Civil Code 1941.6, or close to it. You need to retain an attorney... View More

3 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: Can I sue someone without knowing his (mailing) address?

I need to sue someone a civil court, but I don't know his address. How could I serve the court papers without knowing his address? If I hire someone to serve the court papers, or ask the county sheriff to serve the court papers, will they be able to do it without me providing the... View More

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

You can hire a private Investigator to locate the individual if you have some identifying information, car license plate, driver's license number, social security number, place of employment, bank account number...... But as Mr. Kane said, you have additional problems beyond just locating... View More

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3 Answers | Asked in Business Law, Civil Litigation, Civil Rights and Contracts for California on
Q: In both the small claims court and the civil court, if the defendant commits perjury, who can hold him responsible?

When suing in a small claims court and a civil court, if I, the plaintiff, can prove that the defendant has committed a perjury, which party can hold the defendant responsible? Who can sue the defendant for perjury? The District Attorney? The court? Or me, the plaintiff?

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

I agree with Mr. Kane, that YOU cannot recover damages when someone perjures himself in court, however, perjury is a crime and could be investigated by the District Attorney or Attorney General. IMO, it won't be. These offices are overwhelmed with cases and investigating an alleged perjury... View More

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3 Answers | Asked in Employment Law for California on
Q: Termination for logging into a work account when I was not scheduled to work?

I work for a large medical group that has 5,001 – 10,000 employees in Orange County, California. I have been an employee without any write ups or disciplinary points for almost two years now. However, they have a strict policy about logging into our work accounts online when we are not scheduled... View More

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

As I read your post, the termination hasn't happened yet and an investigation is ongoing, with you as the primary focus, and your job in potential jeopardy. If you were in San Diego at the time the WA computer logged in with your password, you need to provide all evidence to your employer,... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: My license is Bossma3 he put BOSSMAE would I still be guilty
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Your ticket won't be dismissed for a typo. If you go to trial, you can point it out to the court, may affect the credibility of the officer. Officer could file a correction in the meantime, before trial. I recommend you contact several attorneys in your area that practice this type of law,... View More

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: If officer stops me for cracked windshield , law states he should give me reasonable opportunity to fix b4 citation. Meo

Meaning if I’m stopped again and issue not fixed then shall I be given a ticket.correct?

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

You can receive multiple tickets for the same equipment violation. Question is what is a reasonable time. A week? 2 Weeks? probably. 2 months, probably not, you pay 2 fines. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for... View More

1 Answer | Asked in Traffic Tickets for Oregon on
Q: Do light flashing laws of Washington dictate my vehicle equipment registered in Oregon?

I reside in Oregon near the northern boarder, and I frequently visit the neighboring state of Washington. I'm specifically talking about a motorcycle with a modulating rear brake light. In Oregon ORS 816.100 allows motorcycles to have a flashing brake light. In Washington under RCW 46.37.280... View More

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

I think you should be OK as long as you don't move to WA, or reside there for more than 10 days (unless you can prove it was a short vacation). The Commerce Clause of the US Constitution (you heard of that right??? Just kidding) says that no state may pass any laws that unduly burden... View More

1 Answer | Asked in Products Liability, Traffic Tickets, Insurance Bad Faith and Insurance Defense for Florida on
Q: I recently purchased a 2021 BMW X5. They didn't disclose vital information to me

I told the car lot I was specifically looking for a car for my wife that had the front end collision prevention all the safety features available.

They showed me the X5 told me the vehicle would automatically apply the brakes if its getting too close to an object/person ran out. This was... View More

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

Sorry to hear about your problems. Sounds like you need a product liability attorney. 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 a lawyer.

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for North Carolina on
Q: Does NC Highway Patrol need suspicion of crime or violation to stop or detain me? Do I have to ID to them/them to me?

I had been stopped by NC Highway Patrol at a checkpoint and asked for my identification. I asked if I had done anything wrong and would prefer not to ID if I didn’t commit a crime, that it was my understanding NC isn’t a Stop and ID State and felt being forced to do so would violate my 4th... View More

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

Police in many jurisdictions establish check points where they check all vehicles that pass through, mostly looking for DUI, but also for registration/license violations. These are advertised in advance in the newspapers or on the city website. At these checkpoints the law allows the officers to... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Ticket and mandatory court date for driving with expired registration

My husband was pulled over and given a ticket and mandatory court date for driving our vehicle, which has been uninsured since 2015. We are in the process of getting a new car because the car in question is almost 20 years old, and our mechanic has advised to not put more money into fixing the... View More

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

Usually the Court wants correction and will accept proof of salvage as proof of correction. But the only way to know is to go to the court BEFORE your court date and sit through the calendar. Then ask the bailiff if the judge will accept proof of salvage as POC. I recommend you contact several... View More

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: Traffic law

So the main reason why I even got pulled over was because I was parked in the parking lot in a motel and a officer came up to my vehicle to see what I was doing and why I was there and I told him that me and my wife was waiting for her to go to work and for the time for her to go to work and the... View More

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

Some LEO wait outside bars, when they see someone intoxicated come out they follow the car and pull over for DUI. Sounds similar to what happened to you. Actually the officer could have ticketed you in the parking lot. I think she waited to be sure, because, as you said, you denied her, so she... View More

1 Answer | Asked in Traffic Tickets for Texas on
Q: Do I have a reasonable excuse for rolling a stop sign?

I have a torn ligament on my ankle on my left foot and I usually drive with 2 feet which is a habit that I have. Before getting my citation, I twisted my ankle on my injured feet because I hit the side of the car door getting in causing my ankle to swell up and thus losing mobility/range of motion.... View More

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

Your condition is not an exception to the law for stopping at a stop sign, but you can try to get the judge to be merciful. Of course the Judge could determine that you were physically unfit to drive and should not have been driving in the first place. I recommend you contact several attorneys in... View More

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