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Questions Answered by Manuel Alzamora Juarez
1 Answer | Asked in Family Law and Child Custody for California on
Q: How can I get my daughter back?

I have joint custody and during COVID (my job and family were being exposed) we agreed it would be safe for our daughter to stay with her mom. Now that my job and family has been better, I wanted to go back to normal schedule but the mom does not want to give her back and said that she kept her... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 19, 2020

If a reasonable phone call and letter does not do the trick then you have to hire a lawyer to submit a contempt order, if you have previously been granted joint custody. best of luck.

1 Answer | Asked in Child Support for California on
Q: If I had a court order to pay child for my two children does my child support be reduced if I had another child?

If my financial situation has increased since the last court order, can I still have my child support reduce because of my new born?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 16, 2020

The answer is maybe. It all depends if your financial situation has not change and you have an additional burden that was not taken into account before.but you must file a change in circumstances form . Best of luck.

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Does a co-signer of a home need waiver of bond by heir or beneficiary to refinance?

Our father passed away a year ago and left no Will. One of my brother did co-sign on the home two years ago. He is now looking to refinance and is asking to sign the forms to do so, which if I understand would make him the executor of the estate. Is that required to be able to refinance the home or... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 16, 2020

Not enough information to provide a cogent answer. If you could explain, we may be able to explain. Normally, you can co-sign on a note if you have the financial means todo so. Best of luck.

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2 Answers | Asked in Real Estate Law for California on
Q: What would be the expected cost and time line to execute a partition by sale of real property?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 16, 2020

I agree with my colleague Yelena Gurevich. I have charged from $10k for a complete agreement of the parties to $26k on a disputed matter. It all depends if the partition is amiable or litigious. Best of luck.

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3 Answers | Asked in Divorce for California on
Q: How do you protect a pension in divorce?

We're trying to find a way to not have to split the retirement funds after a divorce. We know California is community property state but is there any way around it?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 19, 2020

you can offer another asset or cash in lieu of your pension or if you have similar plans, you can agree not to attach each other's pension in your Marital Settlement Agreement. Best of luck,

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2 Answers | Asked in Landlord - Tenant for California on
Q: i recived a vacate order but was never served a 3 day pay or quit or unlawful detainer and never got it in the mail

i told my landlord about BLACK MOLD and next thing we have the sheriff serving a notice to vacate

how can i stop this

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 13, 2020

YOU CAN GO TO COURT AND FILE A STAY OF EXECUTION WHICH NEEDS TO BE SERVED ON THE SHERIFF'S OFFICE ASAP. CAVEAT YOU HAVE TO BE READY TO PAY THE CURRENT RENT WHEN YOU GO TO COURT OR PAY IT VIA CHECK TO THE LANDLORD. IF LL REJECTS YOUR CHECK, THAT IS OK. KEEP THE MONEY IN THE BANK AND BE READY... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can a landlord seek payment for damages discovered a few months after the security deposit was returned?

I was renting out a room in my condo but was stuck overseas when COVID happened. When the renter decided to leave, I asked her if there were any damages I should know of, and she said “no”. My dad had a look at the room (since I was away) and signed off so she could get her security deposit... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 13, 2020

YES. YOU CAN SUE YOUR TENANT IN SMALL CLAIMS COURT AND TELL YOUR STORY TO THE JUDGE. BEST OF LUCK.

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2 Answers | Asked in Landlord - Tenant for California on
Q: My landlord is saying it will take up to 60 days to receive the refund of my security deposit due to COVID?

Wondering if this is something that is actually happening due to the pandemic or if they are just being sketchy about returning my security deposit and if I should continue to push for them to return it within the 21 days typically required by California state law?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 13, 2020

IT IS A LITTLE TOO LONG BUT YOU CAN WRITE AND TELL HIM THAT HE WOULD BE ION VIOLATION OF CALIFORNIA LAW, BUT IF HE PROMISES TO RETURN YOUR ENTIRE DEPOSIT WITHOUT ANY DEDUCTIONS, YOU WILL ALLOW HIM THE TIME. IF HE DOES NOT AGREE AND DOES NOT RETURN YOUR DEPOSIT, SUE HIM ON SMALL CLAIMS COURT. BEST... Read more »

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2 Answers | Asked in Divorce for California on
Q: Husband says he wants my name off the property and me to leave and us to have joint custody without state involvement.

He paid for the property. Is this a reasonable request?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 13, 2020

MAYBE. IT DEPENDS IF HE PAID FOR THE PROPERTY WHILE YOU WERE MARRIED. IF HE DID, THEN IT IS NOT REASONABLE BECAUSE CALIFORNIA IS A COMMUNITY PROPERTY STATE AND YOU ARE ENTITLED TO HALF OF THE PROPERTY VALUE, SUBJECT TO SOME DEDUCTIONS, IF HE PUT SOME MONEY DOWN TO PURCHASE THE PROPERTY. MOREOVER,... Read more »

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2 Answers | Asked in Real Estate Law for California on
Q: Second mortgage foreclosed and they sold the house at auction. Who is responsible for the first mortgage?

I live in Los Angeles, CA. I have a first mortgage loan with Chase ($245,000) and a second mortgage loan ($299,000). The second foreclosed and sold the home at auction. It was my belief that I would be on the hook with Chase for the $245,000 but I recently spoke to an attorney who told me that... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 13, 2020

IF THE SECOND MORTGAGE FORECLOSED ON YOU, THEY ARE ENTITLED ONLY TO MONEYS AFTER THEY SATISFY THE FIRST LOAN. THEY CANNOT POCKET THE MONEY FROM THE FIRST LOAN. SO THEY PROBABLY GOT ANY MONEYS AFTER THE FIRS LOAN WAS PAID. YOU LOST YOUR DOWNPAYMENT ON THE FIRST AND INCURRED A LOSS ON YOUR... Read more »

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4 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Is it legal for a California landlord to require 60-days notice to get out of a lease? I've been in the apt for 3+ yrs

I live in San Francisco and I've been in the apartment from August 2017 to present (November 2020). My roommate is moving out so I'm searching for new apartments and a realtor told me it may not be legal or enforceable for my landlord to require 60 days notice. EDIT: the lease says the... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 12, 2020

Look at your lease and it will tell you your rights. Best of luck.

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2 Answers | Asked in Landlord - Tenant for California on
Q: I want to move out of my current apartment before the lease ends. How much would it cost me if the landlord sues me?

I tried to find new tenants, and haven't been successful so far. If I cannot find anyone before I leave, I plan to leave the apartment (in a good state) and let the landlord keep my deposit. Is it likely for the landlord to sue me? I've been a good tenant paying the rent on time.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 11, 2020

If you have tried to get out of the lease and have found it hard to negotiate with the landlord, you may try to get a new tenant to take over your lease. if that does not work, you may look if there are any problems associated with the apartment. If there are some issues, maybe you can get out of... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: Hi! How to claim as a creditor (me) for a Chapter 7 (a facility)? Where to file? Any due date to file? Thanks!
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 4, 2020

You need to file a claim with the bankruptcy court from which you got the Notice of Bankruptcy. The time requirement is in the Notice. You must file a claim promptly or you will lose your chance to recover. Generally, only secured creditors have a chance of recovering any money. Best of luck.

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5 Answers | Asked in Car Accidents for California on
Q: My car accident case was closed a year ago. Lawyers office recieved the check, I still haven't received anything.

Can the check be cash without me knowing?

Last June I managed to speak with someone, I was told they were still making calculations.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 22, 2020

No. Contact your lawyer. Covid has made distribution difficult. Best of luck.

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2 Answers | Asked in Landlord - Tenant for California on
Q: How Can I provide to a landlord a declaration under penalty of prejury due to of COVID-19?

The law in California offer us to pay 25% of our rent. Due to COVID-19, many people lost their jobs of or have increased their expenses. The leasing office required us to provide statement or declaration under penalty? How I would do that?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 18, 2020

DECLARATION

I , NAME, DECLARE AS FOLLOWS;

MY ADDRESS IS____, MY TELEPHOONE NO IS; ________

I RECENTLY LOST MY JOB OR GOT A JOB

I DO N OT HAVE ENOUGH MONEY TO PAY MY RENT

I NEED FINANCIAL ASSISTANCE FROM LANDLORD, GOVERNMENT ETC.

I AM INCLUDING A...
Read more »

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3 Answers | Asked in Car Accidents for California on
Q: If I allow another driver (who is covered by their own non-owner car insurance) to borrow my car.

And they get into an accident. Can the driver of the other vehicle also sue me since the car is registered in my name?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 18, 2020

MOST LIKELY. THERE ARE MANY THEORIES WHY YOU COUYLD BE SUED FOR LENDING YOUR CAR. BEST OF LUCK.

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3 Answers | Asked in Legal Malpractice and Tax Law for California on
Q: If I am a Personal Injury Lawyer and win a case do I pay taxes on the money I got from the case

I am in California

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 17, 2020

To be or not to be!!!

Let’s see your quandary, are you a lawyer who represented himself in a personal injury case?

If you were representing a client, you would be entitled to your 33 percent fee from the Settlement Agreement and your tax would be filed and would take that income...
Read more »

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5 Answers | Asked in Bankruptcy for California on
Q: i HAVE AN EVICTION CASE HEAD TO TRIAL. IF I FILE BANKRUPTCY WILL THE CASE CONTINUE TO TRIAL AFTER THE STAY IS LIFTED
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 17, 2020

Yes, the trial is stopped if you file a legitimate BK under any of the Chapters, 7, 11, 13 or 5. however, if you wish to do it just for the purpose of frustrating the creditor be very careful. The case wil restart after your case is dismissed. Consult with a BK attorney right away.

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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I'd like to know the chances of full custody and no visitation for him

I have temp 100% custody and he has zero visitation- trial is coming. Our couples therapist will testify that he admitting to hitting the kids with belts and that he automatically just goes to the belt and he has a hard time stopping himself, he also demonstrated verbal abuse to me and admitted to... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 16, 2020

Your chances of full custody are great. As to visitation, he will be allowed only supervised visitation Best of luck.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How is back child support calculated? And how is the start date determined?

Married 8 years with 2 kids 11 and 7

Separated for the last 3 years.

We have a written mutually set amount of 1700/ month for Child support. Aug2017-oct2019 (letter, emails and bank statements as reference)

October of 2019 communication between us turned. child support... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 15, 2020

Sometimes MSA's for child support work and sometimes it has serious consequences. In the case of retroactive child support, the courts look at date of separation and often to the date of request for orders. Your retroactivity, I have found to my chagrin begins from the date of request for... Read more »

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