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Questions Answered by N. Munro Merrick
1 Answer | Asked in Landlord - Tenant for California on
Q: My father, who is 82 years old and in declining mental health, has someone living in an RV in his driveway.

My father owns his home and he lives in McKinleyville, CA (Humboldt County). When he first told me about this, he said his neighbor asked if an employee of his could park the vehicle there, as he wasn't allowed to park it on the street. My dad agreed, and then I later found out a guy is... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 10, 2018

Re the check: Dispute the withdrawal with the bank - not his signature. Re the loan: Demand repayment. If no action in five days, file a suit in small claims court. Re the RV: Give the guy a 30-day notice of termination dated 30 days after personal service. If he does not pay the rent for any... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: In June of 2018, the apartments I live in sold.

On 9/1/2018 we received written notice that no satellite dishes were to be on premises. My room mate has Dish with 10 months left on her contract. Does she have to get rid of her Dish T.V. and pay the early termination fee or can she keep it until the contract is out and not get evicted?

N. Munro Merrick
N. Munro Merrick
answered on Sep 4, 2018

Need a lot more info: Are you on fixed term or month-to-month rental agreement? When was the dish installed? What does your agreement say about antennae/dishes? Is a dish necessary for TV? What does her dish contract say about termination? What does your agreement say about TV reception, if... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Due to unforeseen circumstances we have to sell our rental property. Our lease agreement does not have a clause for that

With no clause for lease termination due to having to sell the house. What type of notice do I have to give my tenant? 30,60 day? We are in CA

N. Munro Merrick
N. Munro Merrick
answered on Sep 2, 2018

You should give him written notice that the house is for sale and that you would like to show the house on 24 hours telephone notice. That notice is good for 120 days. Other than that, just wait and see if it sells. IT depends on whether you have a fixed-term lease, or a month-to-month agreement.... View More

1 Answer | Asked in Civil Litigation for California on
Q: Name on Birth Certificate is reversed (first name / last name)

Name on Birth Certificate is reversed. I go by my Middle name. For Example: Birth Certificate shows James Steve Miller but i go by Steve James Miller. Even my Social # shows Steve James Miller. My entire life evolves around Steve James Miller. The only documents that has James Steve Miller is my... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 2, 2018

Your only correct full name is James Steve Miller. In signing letters and most other documents, you do not need to use all three. You can sign J. Steve Miller. When documents ask for your first and last names, you would have to respond James Miller, but your email could be Steve Miller. My full... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: If the property is under a Trust, can the owner use owner move in to evict a tenant?
N. Munro Merrick
N. Munro Merrick
answered on Sep 2, 2018

If your property is owned by a trust, the trust has a trustee. The trustee deals with the property as if he were the legal owner. He has no limitations just because he is a trustee. He can sell it, rent it, evict you for any legal reason.

1 Answer | Asked in Civil Litigation for California on
Q: what is the statue of limitations for a civil arbitration against a hospital

In California

N. Munro Merrick
N. Munro Merrick
answered on Aug 31, 2018

It would be helpful if you gave a lot more information, such as: ere you injured by the hospital? You want to know how soon after the injury to you have to take action to begin an arbitration? Do you have some documents which tell you that? Has the arbitration been completed and you want to know... View More

1 Answer | Asked in Civil Litigation for California on
Q: Can a plaintiff do anything after loosing a CA small claims trial de novo? file any motions?

plaintiff sued defendant for $10,000 and won. Defendant appealed and judge decided against plaintiff in trial de novo.

N. Munro Merrick
N. Munro Merrick
answered on Aug 31, 2018

The judgment of the superior court after a hearing of an appeal from the small claims trial court judgment is final and not appealable. The judgment also earns 10% interest. So it might be advisable to work out payment terms or pay up ASAP.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Legal Malpractice for California on
Q: Roommate filed a felonious UD using an atty who filed at wrong court location. I'm disabled and don't drive.

I discovered this atty. has several suspensions on his record. He used outdated forms and checked that I was 1/2 responsible for bill. Roommate has no business sense. Never worked or had kids. Hus. died can't read a bill and believes she can do whatever she wants without respect to... View More

N. Munro Merrick
N. Munro Merrick
answered on Aug 29, 2018

It sounds as if you can think, read, surf the internet - so why not do it yourself? The court has forms on line which you can fill out. The UD forms are quite simple. However, you will not find a space to make comments such as the ones you have included above, so don't try to add them.

1 Answer | Asked in Civil Litigation and Health Care Law for California on
Q: how many days before I can file a lawsuit against a CA hospital for negligence please. Thank you

UCLA Medical Center in Santa Monica neglected to notify me upon notice to them by Smith & Nephew that the medical implant they purchased and implanted in me was removed and recalled in 2015-Jan 2017. Most recent negligence includes inpatient malpractice and negligence 10/25/2017-11/27/2017.... View More

N. Munro Merrick
N. Munro Merrick
answered on Aug 29, 2018

This is a personal injury complaint and needs a personal injury lawyer to answer.

2 Answers | Asked in Business Law and Gov & Administrative Law for California on
Q: Can a state agency require me to purchase a particular brand of software to be able to work with them?

The Department of State Architects (DSA) in California has a new required electronic plan submittal process which requires every applicant to purchase the software Bluebeam (TM) - Extreme Edition to be able to develop plans and submit for approval of their project. There is no other approved... View More

N. Munro Merrick
N. Munro Merrick
answered on Aug 29, 2018

Don't you have a professional association? Are you not a member? Since I assume other CA architects are in the same boat, the Association would seem to be the appropriate instrument of get you an answer.

My personal guess is that unless you can show some unprofessional reason for the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord/Tennet Someone has written in my personal checkbook, vandalized my auto changed the setting on my alarm clock

I do suspect my brother had been helping with getting into the auto

N. Munro Merrick
N. Munro Merrick
answered on Aug 29, 2018

My first reaction is: Do you have a question? Do you want to have your brother arrested? There must be a statute somewhere which makes writing in someone else's check a crime, or changing the setting on one's alarm clock. You did not mention what damage was done when your car was... View More

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: Can you help me prepare for my small claims case against a contractor?Thank you,

.

N. Munro Merrick
N. Munro Merrick
answered on Aug 29, 2018

Here are some tips: Appearance: 1. Dress respectfully. If you are in business, dress for work. 2. Address the judge as "Your honor" if he is a judge. You may get a commissioner in San Diego. hat title or just plain "Sir" works fine. 3. Never interrupt the judge or your opponent.... View More

3 Answers | Asked in Contracts, Business Law and Civil Litigation for California on
Q: Should I hire a lawyer at where I sign a contract?

I signed a contract in an event in TX. But the company is in FL, and I noticed there is a different address listed on the contract showing CA. Which state is the most proper to hire a lawyer?

N. Munro Merrick
N. Munro Merrick
answered on Aug 29, 2018

You do not say where you live. Wouldn't you prefer to sue in the state where you live? You could sue in the state where the contract was signed, or where the company maintains an office. You could also use in the home jurisdiction of your proposed defendant -- your choice.

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2 Answers | Asked in Intellectual Property, Probate and Civil Litigation for California on
Q: Is probate the proper venue to force return of property? And what are my options?

My father is deceased. Going on 3 years now!! Prior to passing away he lived in in a shared rental house with his caretaker. Myself and my siblings have requested she gather his things and one of us will pick them up. We have gotten ZERO from her. It’s not money or valuable to anyone other... View More

N. Munro Merrick
N. Munro Merrick
answered on Aug 28, 2018

You should talk to the executor of the estate. If that is you, then you need to talk to a probate lawyer. He might be able to get a court order compelling the caretaker to cough up. If you have access to the property where his belongings were kept, you could go in and gather them up yourself.... View More

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for California on
Q: I have moved into an apartment that on the day I moved in was not up to California building code. It has been over a...

A month and nothing has been done about windows that won’t close let alone lock. The property management company has not lived up to its contractual obligations and I’m wondering how serious this is and what I can ask for in return to be made whole?

N. Munro Merrick
N. Munro Merrick
answered on Aug 28, 2018

Your premises are not habitable! However, did you inspect before you paid? If not, you can certainly notify the landlord to fix it or you are gone. What can you ask for? Habitable premises. You cannot ask for free rent if that is what you are thinking. If you stay you are accepting the... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: We share a well with a neighbor, our line is busted so we've been getting our water through a garden hose for 6 months .

Landlord WILL NOT respond to us. Who do I contact? Also water heater caught fire , we bought a new one and he got upset that it was too expensive and now we have to move by October 1st

N. Munro Merrick
N. Munro Merrick
answered on Aug 28, 2018

Water is considered a necessity, and you might even claim that you have an emergency. Have you asked your landlord to fix the water line? If yes, and it is more than a few days ago, you are entitled to get someone to fix it and pass along the charge to him by deducting from your rent. Just tell... View More

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1 Answer | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I recently settled in a mediation before going to arbitration , when should I expect a payment? I'm in California

This was through SEIU local 250 union, in the agreement they put no information on when I will receive my settlement money. Are there any laws on statue of limitations?

N. Munro Merrick
N. Munro Merrick
answered on Aug 28, 2018

You mention, "Settlement money." So you reached a settlement in mediation? If you did, there would be no arbitration. A general rule about such things is, within a reasonable time. And barring any other factors, 30 days is par for "reasonable." If you do not, ask the mediator.

2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for California on
Q: Can an HOA force a change in mailbox/post?

My HOA is forcing homeowners to remove their good mailbox/post and replace it with one chosen by the BOD which is to be paid for by the homeowner. Threaten fines/legal fees/liens. I am already at $1700 which I cannot afford.

N. Munro Merrick
N. Munro Merrick
answered on Jul 16, 2018

There are many unanswered questions: Do the CC&Rs say anything about mailboxes? Is it in common area, or is it on your property? What are the homeowner's responsibilities regarding common area, or, specifically, where the mailbox is located? How much are you being billed? Is it a lump... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: If I am the writer of a contract, do I get to choose who does the mediation in the event of a dispute?
N. Munro Merrick
N. Munro Merrick
answered on Jul 5, 2018

No. As everything else in mediation, the selection of a mediator must be agreed upon by all parties to the mediation. If you cannot agree with the other party (which does not bode well for the success of the process) you can apply to one of the mediation groups or to court, and they will do it... View More

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3 Answers | Asked in Arbitration / Mediation Law for California on
Q: Is there any way to appeal a decision by an arbitrator?
N. Munro Merrick
N. Munro Merrick
answered on Jun 12, 2018

Only if the arbitrator did something improper, concealed a conflict of interest or bias, lied, etc. If you were prevented from presenting relevant facts or arguments. See Cal Code of Civil Procedure Sections 1285 - 1288.8. The decision itself cannot be the subject of a complaint, such as, he did... View More

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