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Can I be evicted for an alleged incurable breach of covenant related to illegal drug activity, even if there is no proof? I have never been convicted of drug-related offenses and have received a 3-day notice to quit for the breach without any prior communication from my landlord.
answered on May 9, 2025
If there is absolutely no evidence, then you can not be evicted for violating your rental agreement. However, there is no requirement that the evidence includes a criminal conviction. If you contest the eviction in court, the landlord will have to prove that it is more likely than not that you... View More 
My mother recently passed away in California, leaving behind a will in which I am named, as her only child. However, my step-father, who is also involved, has not shared the will with me. He mentioned that probate has started for bank accounts that are in my mother's name from her prior... View More
answered on May 6, 2025
Whoever has a will is supposed to lodge it with the court within 30 days of the death. If there was a probate proceeding filed, you should have been given notice of it. If there is no will, you are entitled to a share of any non community property. You can file for probate yourself. Discuss your... View More
I am a widow with a small life insurance policy and a home solely in my name. My daughter is the beneficiary on both my life insurance policy and the Transfer on Death (TOD) deed for my home. I have loans on my home, including a second mortgage and a home equity line. Given these circumstances, is... View More
answered on May 1, 2025
A will can cover everything in your "estate", and is such a simple step to take, you should probably put in the effort to get one. Although the TOD can effect a transfer on death, depending on your health and age, you may want to have a consultation with an attorney regarding a trust.... View More
I'm set to become the executor of an estate on June 6th, with a net asset value of $175,000. The liabilities include a mortgage, a repossessed vehicle, HOA fees, several credit cards, and small medical bills. I've received certified mail from Ford Credit and the mortgage company... View More
answered on Apr 30, 2025
Yes, you should hire a probate attorney. Probate attorneys are compensated based on a percentage of the value of the estate, the same as executors/administrators. Extra services, if required, are billed additionally. As a general rule, they are only paid at the conclusion of the estate... View More
I received an order to comply regarding junkyard conditions and cleaned up as required. Despite complying with the order, the county charged me staff fees for time spent on the case. In previous instances last year, when similar complaints were made, we cleaned up, and no fees or fines were... View More
answered on Apr 11, 2025
You are getting billed for staff fees because you are a repeat offender. The claimant/reporter is not at fault, because the county found their complaint was justified, and issued an order to you to comply. The inspections are not harassment so long as actual violations are found and for a... View More
I am a tenant in Los Angeles, and my landlord has posted signs around the building that lockout fees will be charged, even if a locksmith is not needed. This fee was not mentioned in the lease agreement when I signed it. Is it legal for my landlord to impose such a fee?
answered on Mar 28, 2025
If a landlord wants to change a lease term, written notice is required in most cases. However, as you state, nothing is stated in the lease regarding such a charge. Since a landlord is not required to let a tenant in, there is nothing keeping them from charging for such a service. If you get locked... View More
After a kidney biopsy, my [relation] became critical because a vessel was clipped while the needle was withdrawn, causing bleeding and clotting. The medical staff admitted this error. Since the procedure, his health has deteriorated significantly, with constant infections, numerous blood... View More
answered on Mar 24, 2025
For a medical malpractice action to be successful, it must be shown that the conduct of the medical practitioner fell below the applicable "standard of care". Almost always, that requires the opinion of an expert. What you describe as an admission of an error may have only been a... View More
I purchased a collector motorcycle through an online auction where the auctioneer, based in California, provided documentation stating it was an original model, according to factory records. Despite the Terms and Conditions stating that any legal action must occur in California, I argue that... View More
answered on Mar 22, 2025
Sorry to hear of your unfortunate experience. "Failure of consideration" would not be a viable theory. The damages related to the alleged fraud and failure to maintain the bond would be recoverable in your legal action. It would likely be worth your while to have the contract terms... View More
I am a 94-year-old single woman with a home valued at $450,000. I previously had a will but cannot find it. In the past, I expressed in writing that I wanted the house to go to my daughter and a granddaughter. Now, I want to change my decision and ensure none of my grandchildren or my daughter... View More
answered on Mar 17, 2025
You can make a new will, revoking any and all previous wills. That is the quickest and easiest way to make your wishes known. You should also consider a consultation with an estate planning attorney to see if another vehicle, such as a trust, might be advantageous. You can also make an advance... View More
It’s frustrating looking for a civil attorney in Riverside County everyone I called wants $25-$50,000 just to respond to a letter is this common? I only discovered that I was served because of my credit search that was the only way I found out.
answered on Feb 11, 2025
Your problem is not limited to a letter: even if the other side agrees to vacate the Judgment, you will still have to deal with the underlying lawsuit. The lawyers don't want $25-$50K to respond to a letter, except in the sense that "respond" involves representing you in a civil... View More
We are using a standard California Association of Realtors residential lease. Landlord is saying these need to be operating just as they were the time of move in. These still operate, but just aren't as smooth. We did not record these as issues as we haven't used them regularly, and still... View More
answered on Jan 30, 2025
It depends on the reason they are not operating as smoothly as when you moved in. If you did something to damage them, such as jamming them into something you left on the track, that would be on you, the tenant. Similarly, if the frame is bent, it would be presumably from misuse. If the wheels have... View More
Can reasons why further responses to discovery have to be provided be supported in the Separate Statement by new facts, obtained since discovery was initially propounded?
answered on Jan 10, 2025
This answer assumes you are asking about the reasons provided in the separate statement accompanying a motion to compel. There is no legal or logical reason to exclude such facts. The purpose of the statement is to highlight for the judge why responses/further responses should be compelled. It is... View More
Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B... View More
answered on Dec 17, 2024
Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss... View More
He didn’t notify the beneficiaries of trust, myself and my brother, of such change to trust. We feel its breach of his fiduciary duties and self serving.
answered on Nov 23, 2024
If your father is alive and still capable of handling his affairs, and the trust is still revocable, then he can make any changes he wishes. If you have reason to believe he was subjected to undue influence, speak with an attorney to see if the situation can be remedied. Be prepared to provide... View More
We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More
answered on Nov 18, 2024
Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More
Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..
answered on Oct 20, 2024
For an estate in California, you need a California licensed attorney. You may be able to find an attorney in Nevada who is also licensed in California. You can try your local Bar Association to see if they have a lawyer referral service that can find you one. If not, you can try the website of the... View More
We are renting out a house. We were planning on moving out soon. We made a security deposit of $3500 when we first moved in. The contract expires on the 30th of September. We asked the landlady to use our security deposit to pay rent for just a few weeks in October while the new place gets ready.... View More
answered on Sep 28, 2024
You may not use the security deposit for rent. The purpose of the security deposit is to protect the landlord from any damages to the property, and in case you are behind on rent. If you do not pay on time, you may be given a 3 day notice, after which an unlawful detainer (eviction) action may be... View More
My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More
answered on Sep 27, 2024
Your situation involves more than one area of law, including partnership, contract and probate. You can not solve such a complex situation by posting on an online forum. In fact, it is not in your interest to do so, as anyone, including your uncle and other interested parties, can see what you have... View More
I hired a law firm more than a half year ago to remove a long inacting executor / trustee. The firm assigned an attorney for me. Initially, everything was normal. However, on the day when we had tele-conference, I had a family emergency coming up. Because it was too late to cancel the appointment,... View More
answered on Sep 26, 2024
Most problems between clients and attorneys have to due with communication issues. You may be able to get back on track by taking the time to organize all your concerns, and then putting them in an email or letter. Be specific, including dates and your expectations. Request a written response, and... View More
We have bought a house and the seller did not sisclose some of the major issues and defects with the house. I have emails and text messages documents proving the seller was aware of these items. Looking for a lawyer who can help out and get a percentage of the final settlement amount
answered on Sep 6, 2024
You may have some difficulty finding representation on a contingency basis, unless the material failures to disclose are substantial. Does your sales contract have an attorney fees provision? If so, that may be to your advantage. Be prepared to show all your evidence, including any remediation... View More
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