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Questions Answered by Andy Chen
1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: My sister and I are being evicted. She has rented this house for 24 years without ever being late with rent.

When our mother was declining and required the full time assistance of both of us, my sister had to quit her job of 15 years. After our mother died we were evicted so that the landlady could renovate and increase our rent significantly, but we haven't yet found another place. My sister is... View More

Andy Chen
Andy Chen
answered on Dec 24, 2016

Since your landlord owns your place, he or she can evict you for any reason as long as it is not an unlawful one. In my experience, many tenants overestimate their right to stay in their rental property. Whether you have or have not found a place yet is not contemplated in the law -- meaning that... View More

1 Answer | Asked in Child Support for California on
Q: My boyfriend and I live in California, can his exwife petition me to court for the purpose of increasing child support $
Andy Chen
Andy Chen
answered on Dec 23, 2016

Do you mean that your boyfriend's exwife is trying to argue to the court that because you and your boyfriend live together now, your income should count as his and, thus, he owes more child support?

If so, the general answer is no. You should look up California Family Code 4057.5. New...
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1 Answer | Asked in Estate Planning and Probate for California on
Q: my mother passed without a trust or will. in 2005. recently i was informed that even though she purchased our family

home in 1958, re-married in 1965,and then added my step father to the deed, that upon the sale of the house that he was entitled to 50% of the sale and should of allowed my brother, sister and my self to divide the other 50%.. instead within a year of our mothers passing he remarried, added his new... View More

Andy Chen
Andy Chen
answered on Dec 23, 2016

How does California law apply to this situation? Do you live in Washington, but your lived mother lived in California?

If your mother lived in CA and her house was here, the fact she died without a trust or will is important. There is something called intestate succession that applies. It...
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1 Answer | Asked in Landlord - Tenant for California on
Q: My landllandlord refuse to fix the water or electrical problems now he's evicting me.a 60 day notice.what can do?

He has known about the water and electrical has done nothing for a few months now.

Andy Chen
Andy Chen
answered on Dec 23, 2016

Two questions: Did you complain to your city or county or some other governmental agency about the water and electrical problems before your landlord decided to evict you? Second, if your place really does have water and electrical problems, why do you want to stay?

2 Answers | Asked in Family Law and Child Custody for California on
Q: Can I get reimbursed for filing a response form? (FL-220)

I was served with child custody/ visitation forms. So I filed a response form at the court house and payed the filing fee. We came to an agreement and signed a stipulated agreement. Could I get reimbursed for filing my response form?(FL-220)

Andy Chen
Andy Chen
answered on Dec 23, 2016

The law does not require that you be reimbursed. If you and the petitioner can't agree on a reimbursement, then you're probably out of luck. Maybe the petitioner will agree to reimburse you, but the petitioner might ask you for reimbursement as well.

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4 Answers | Asked in Divorce and Family Law for California on
Q: In a divorce, is a Declaration of Disclosure, etc., always required?

I filed for divorce and the Respondent never filed his Response. I've got everything prepared to file a default judgment but I'm unclear as to whether I am required to do the Declaration of Disclosure, etc. There is no property, there are no debts, and no issues with spousal support.

Andy Chen
Andy Chen
answered on Dec 23, 2016

John is correct. Under the Family Code (section 2104, I think), financial disclosures for petitioner are always required, even in default cases.

I forget is Sacramento County has workshops or other classes still that are meant to help people without lawyers finish cases that are relatively...
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2 Answers | Asked in Personal Injury for California on
Q: I am the personal representative for my father's estate. He died in California but I live out on the East Coast.

Do I have to initiate probate proceedings all the way out there or can I choose a location closer to where I live?

Andy Chen
Andy Chen
answered on Dec 23, 2016

If your father lived in California, then yes, the probate has to be done in California. Specifically, it has to be done in the county where your father lived. Depending on the complexity of your dad's estate, you might be able to do this remotely. In other words, hire a probate lawyer in the... View More

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2 Answers | Asked in Estate Planning for California on
Q: If I am not a U.S. citizen, should I make an estate plan?
Andy Chen
Andy Chen
answered on Dec 23, 2016

Yes, you should. If you die without a will, trust, or other similar estate planning instruments, California will apply intestate succession to your assets and that process does not require that you be a US citizen. Many people in California (and the US overall) are not US citizens so requiring a... View More

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2 Answers | Asked in Legal Malpractice for California on
Q: Can I take action against the lawyer on the other side for malpractice?
Andy Chen
Andy Chen
answered on Dec 23, 2016

No, because the other side's lawyer owes you no duties or obligations aside from the rules that Ali mentions below that all lawyers are supposed to follow generally. At a very general level, malpractice is about violating a duty or obligation the defendant owed to the plaintiff and failed to... View More

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1 Answer | Asked in Child Support for California on
Q: Mother of my daughter has placed daughter under her husbands health insurance policy without my consent.

Can I contest this? I have an existing child support and child custody order. I would like to place her under my insurance policy.

Andy Chen
Andy Chen
answered on Dec 20, 2016

What would be the advantage of placing her under your insurance policy instead? Which insurance is better in terms of price, coverage, etc? If the answer is yours, you might have a more convincing argument than if the answer is the husband's.

One other thing to examine: Each insurance...
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1 Answer | Asked in DUI / DWI for California on
Q: Is this legal? My brother got a DUI - he's an alchoholic. Terms of probation are he can't drink

- his wife called the cops and told them to give him a breathalyzer test and they did and sent it to the probation officer. Can his wife just call any time? Don't think that's fair.

Andy Chen
Andy Chen
answered on Dec 20, 2016

Probably. A typical term of probation for a DUI is that you (1) can't drink, and (2) are subject to search by any law enforcement officer at any time for any reason. One would hope that our spouse is there to help and encourage us, but that's not always the case. Some spouses are exactly... View More

2 Answers | Asked in Divorce for California on
Q: California divorce law. Do I have to declare any salary increase after the separation while divorce is pending?

Involved in amicable divorce, equal earning potential for both parties, both professionals but one party seeking spousal support. Other party pending promotion with salary increase.

Andy Chen
Andy Chen
answered on Dec 17, 2016

Yes. The FL-150 is where you would disclose that information. In general, you have to file a new FL-150 every 3 months or so. Since you know that one spouse is seeking spousal support and increased income is relevant for that purpose, failing to disclose your increased income would make it appear... View More

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1 Answer | Asked in Real Estate Law for California on
Q: How can I get a piece of vacant land back in the event my daughter dies?

I purchased a vacant lot for my daughter so that she can build a house on it. We live in Apple Valley, CA and the lot is also located in Apple Valley, CA. She will be qualifying for the construction loan and the property is in her name. What can we do to legally assure the land will come back to... View More

Andy Chen
Andy Chen
answered on Dec 16, 2016

Your daughter can leave the land to you with estate planning documents (e.g. will, trust, etc). If she is merely incapacitated, the estate planning can get complicated so a lawyer would make things easier.

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for California on
Q: Can a landlord legally deduct from Sec. Depos. his time in going to buy 2 new a/c's that the tenants destroyed?
Andy Chen
Andy Chen
answered on Dec 16, 2016

It might depend on whether there are special city laws or county laws pertaining to rentals, but in general in California, the answer is no. A landlord cannot deduct for his time. He probably can deduct for the cost of the a/c units. Civil Code 1950.5 is the applicable law here. Deductions are... View More

1 Answer | Asked in Child Support for California on
Q: how do I change child support based on my ex NOT spending the required time w our kids & refusing to add monthly suppor?

My ex demanded in mediation that he get the children 6 weeks for his vacation time. 2 weeks in summer, 1 week in winter, 1 week in spring, and every single Monday holiday. To this date he hasn't spent 1 Monday holiday nor any vacation time at all w the kids and very often is... View More

Andy Chen
Andy Chen
answered on Dec 16, 2016

Have you contacted the Department of Child Support Services in San Diego County? They should be able to help you do a modification, but it might take a long time. The county DCSS doesn't charge a fee for modifications, but they have a lot of people seeking modifications and relatively few... View More

1 Answer | Asked in Personal Injury for California on
Q: If I have been separated from my husband for over a decade (not legally divorced), and just find out he passed away,

what are some of the possible legal responsibilities or liabilities I might be subject to?

Andy Chen
Andy Chen
answered on Dec 16, 2016

The answer depends on many things. Was your separation significant enough to cut off community property? What liabilities are there? When were those liabilities incurred? Did your husband have any assets from which those liabilities could be satisfied? Did your husband leave a will? If so, did he... View More

1 Answer | Asked in Child Custody and Child Support for California on
Q: Is it possible to file for child support without the father getting visitation rights?

my son's father - my ex- abandoned us over a year ago, quit his job, and went back to his country. He recently came back, and is applying for work. Can i apply for child support without giving him the ability to spend time with my son? he is not trustworthy, can be violent, has no car... View More

Andy Chen
Andy Chen
answered on Dec 16, 2016

It depends. In general, child support and custody/visitation often go together, but do not have to. In other words, you can be ordered to pay support, but only get minimal visitation. It all depends on what the judge decides given what can be proven. The judge is probably going to assume you... View More

1 Answer | Asked in Criminal Law for California on
Q: My elderly neighbor is blind and I believe her son is signing her name to checks and cashing them

- my neighbor certainly didn't sign them. The son denies it - can I get him arrested?

Andy Chen
Andy Chen
answered on Dec 16, 2016

You can call the police to report suspected elder abuse and whatever else may be occurring. Your job is not to identify what the crimes are, but rather to be a good source of information so that the police are convinced that a crime has actually occurred.

1 Answer | Asked in Traffic Tickets for California on
Q: If there is a mistake with the red light detection camera, do I still have to pay the fine?

When making a right turn at a stop light, the detection camera went off. However, I did not run a run light and had no intention of doing so. I still received a notice, photos, and a fine for nearly $500. I'm not sure if anyone actually looked at the photos closely. Unfortunately, I don't... View More

Andy Chen
Andy Chen
answered on Dec 9, 2016

What do you contend the mistake is?

1 Answer | Asked in Child Custody for California on
Q: Mother refuses to give me her attorney information. Is this legal?

Mother has physical custody. Legal is yet to be determined by the court. I have visitation right now and filed for mod/emergency orders. I have to serve her/her attorney but she refuses info. What do I do?? She has always been difficult and constantly tries to accuse me breaking the law so I would... View More

Andy Chen
Andy Chen
answered on Dec 9, 2016

If there is a court case, go look at the file and see what paperwork your mother's attorney has filed in the past. Most court forms have a caption at the very top of the page listing out the attorney's name, mailing address, phone number, etc.

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