Questions Answered by Manuel Alzamora Juarez

Q: A dog was running across the street without its leash and got ran over by my back tire.

4 Answers | Asked in Animal / Dog Law and Car Accidents for California on
Answered on Sep 18, 2018
Manuel Alzamora Juarez's answer
It is a sad tragedy and there is no way to make the dog owner feel better. only time will do that. Researchers say that losing a dog is like having a family member dying on you. Show compassion for the loss. Do not blame the dog owner and express your sorrow in a manner that is not confrontational.

Explore with your car insurance company whether they can handle it. Do not talk to the dog owner and do not make any offers to settle. If the car insurance refuses to do it. Then talk...

Q: LL wants to increase rent on an illegal unit by 50% total within a 4 month period. Is this allowed? Can I refuse it?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Sep 17, 2018
Manuel Alzamora Juarez's answer
Your situation is one of real distress. Your dwelling is not only in serious violations of the habitability codes but also in violation of permits required for modifications to a house. If you call the City inspectors, you assume the risk to be told to move out by the City inspectors. On the other hand, if you do not do so, your LL will continue to harass you. So, one of the solutions may be to ignore him and wait for him to make his move.

Meanwhile, search for a new place and...

Q: A petition to partition by sale has been filed by one of three tenants in common. But the principal was paid mostly

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Answered on Sep 14, 2018
Manuel Alzamora Juarez's answer
That is what partition is about. He can petition the court for the sale of the property and for his share of the proceeds. If you want to make a claim for monies spent by the decedent, you have to do it through his executor. Best regards.

Q: My girlfriend is selling her home and wants me and my dogs out tonight what can I do?

2 Answers | Asked in Animal / Dog Law, Family Law and Landlord - Tenant for California on
Answered on Sep 4, 2018
Manuel Alzamora Juarez's answer
If YOU ARE A TENANT, SHE HAS TO GIVE YOU AT THE BAREST MINIMUM 30 DAYS TO MOVE OUT. HOWEVER, IF YOU ARE JUST A BOYFRIEND WHO DOES NOT CONTRIBUTE ANY MONEY TOWARDS RENT AND ARE LIVING FOR FREE, THIS BECOMES MORE DIFFICULT. SHE COULD CALL THE COPS ON YOU AND ACCUSE YOU OF DOMESTIC VIOLENCE AND OR AWFUL THINGS AND YOU COULD BE REMOVED PHYSICALLY OR ARRESTED BY THE COPS, WHO COULD CONCEIVABLY ISSUE A TEMPORARY RESTRAINING ORDER. I DO NOT KNOW ANY SPECIFIC FACTS REGARDING YOUR SITUATION BUT THIS...

Q: Can a landlord decide to just start taking appliances out of the rental home?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Sep 3, 2018
Manuel Alzamora Juarez's answer
A rental home should include a stove and a fridge. However, I am guessing here that the problem here is that the will also provided for all personal property to go to his heirs.

A used fridge is worth only a couple of hundred dollars. An attorney will cost you between $1500 to $2500 to get involved in this case. So, offer to buy the fridge from the estate, which could probably be a couple hundred and see how that works out for you. Best of luck!!!

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 .

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Aug 28, 2018
Manuel Alzamora Juarez's answer
Go to your city home inspector and demand that they come to your place to write up a report of the living conditions of your home. Also, write a letter to the landlord and keep a copy. Send it certified mail. If he does not fix the problem in 20 days call a lawyer. There are several violations of the warranty of habitability and you need to call a lawyer right away to get compensation for your damages. Best of luck.

Q: If a driver hit and totaled my parked car, is her insurance company responsible for providing me a rental car?

4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Answered on Aug 28, 2018
Manuel Alzamora Juarez's answer
If you have collision and full comprehensive insurance, call your own insurance company and ask them to help you. If they do not, then hire a lawyer. Best of luck.

Q: Does my landlord have the right to post campaign signs in my front yard?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Aug 27, 2018
Manuel Alzamora Juarez's answer
If you live in his house, definitely yes, If you ae renting a separate house and he places a sign in your lawn without your consent, that is a tricky one. It is still his house but you rent the dwelling and he can argue the yard is his. Does the lease give him any rights to post any signs? my guess is not, however, it would be interested to test that policy. You want to get along with your landlord or give him a piece of your mind. If the latter, write him a letter telling him you do not...

Q: My landlord is a horrible human. He changed the locks on me and will not give me any of my property. What do I do?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Aug 27, 2018
Manuel Alzamora Juarez's answer
Call the police and make a report and then call a lawyer and file a lawsuit for being locked out of your apartment. Best of luck

Q: What are my rights following an eviction?? My landlord won’t answer and she hasn’t returned my deposit.

1 Answer | Asked in Landlord - Tenant for California on
Answered on Aug 27, 2018
Manuel Alzamora Juarez's answer
If you were evicted for whatever reason and you did not fight it. You are too late to argue about it. Your deposit should be returned to you. if not sent within a reasonable period of time. Sue them in small court. Best of luck

Q: I need help on landlord tenants issues. I need advice and help on steps I should take

1 Answer | Asked in Landlord - Tenant for California on
Answered on Aug 27, 2018
Manuel Alzamora Juarez's answer
If you got a 3 Days Notice to Pay rent or Quit ad you did nothing about it, be careful. Many unscrupulous landlords or apartment managers, like to perform what is known in our business as "gutter service."

The effect of gutter service is the Sheriff showing up in your house and physically evicting you from your residence.

Normally, if you do not respond to the 3 day notice, you would receive a summons to go to Court, Most often you have to answer to the Summons and Complaint...

Q: What are my tenant rights?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Aug 27, 2018
Manuel Alzamora Juarez's answer
Your landlord's son harassment constitutes a violation of the Covenant of Peace and Quiet enjoyment. If the Landlord does not act to cure your complaint , you have a right to complaint to the police and ask for a restraining order against the son's threats and also, if after written notification to your landlord, he fails to act, and or discipline his son, you can ask an attorney to file a lawsuit and get you compensation for your moving expenses. Best of luck!!!

Q: My husband bought a house under his own name. He's transfering the title to his mistress without my consent.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Aug 22, 2018
Manuel Alzamora Juarez's answer
If HE BOUGHT THE HOUSE WHILE YOU WERE MARRIED TO HIM, THEN TRCHNICALLY, UBDER CALIFORNIA COMMUNITY PROPERTY LAW, YOU OWN HALF OF THAT HOUSE, BARRING CERTAIN EXCEPTONS. IN ORDER TO PROTECT YOUR RIGHTS, YOU SHOULD RETAIN A FAMILY LAW LAWYER ASAP.

Q: My fiance asked me to leave our home to work on our relationship. If I stay away have I given up property rights?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Aug 21, 2018
Manuel Alzamora Juarez's answer
Generally, it is preferable to stay in the house. Listen to your own advice. Best of luck.

Q: Landlord entered escrow on house we just moved into on a 1 yr lease. Buyer wants property vacant at close. Compensation?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Aug 20, 2018
Manuel Alzamora Juarez's answer
All your rights should be spelled out in your lease. If the lease calls for an early termination, there must be a cause. Generally, a person should get a minimum of sixty -days notice to vacate. However, if this is coming as a surprise to you, you do not have to move.

In some cases, but not all of them, If your rent is $2,300.00 and you can find another place higher than your rent within the sixty days, then tell your landlord to make up the difference plus pay you for your moving...

Q: What will happen at court for a car accident with no insurance?

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Answered on Aug 15, 2018
Manuel Alzamora Juarez's answer
Not sufficient facts to answer your question. But, let's assume you were the cause of the accident. First, you stand to lose your driver's license if you do not present proof of insurance to the DMV. I you have money and property, then you may be liable for all the expenses to the injured person. If you were the injured person, then, you may only recover for economic damages and out of pocket damages but not for pain and suffering because the insurance lobby got the law passed that drivers...

Q: I am a new lyft driver in Los Angeles and was hit by a car being chased by the lapd.

2 Answers | Asked in Car Accidents for California on
Answered on Aug 9, 2018
Manuel Alzamora Juarez's answer
This is the time when having good insurance pays off. You are hurt by the negligence of the driver that was being pursued by the police. submit your police report to your insurance company and if you have a good policy with Med Pay, make sure all your passengers get treated and then consult with a local attorney to help you with your case, as you may stand a better chance to recover more monies for yourself and your passengers with a lawyer representing you.

It goes without saying,...

Q: What is the statue of limitations on a wrongful death claim against san bernardino county, ca?

2 Answers | Asked in Personal Injury for California on
Answered on Aug 9, 2018
Manuel Alzamora Juarez's answer
Normally, a claim against a governmental agency must be lodged within six months of the injury. In some instances, the agency may allow the plaintiff to file a complaint but it is rare. Please consult with a lawyer near you to find out if you qualify for an exception. Best of luck.

Q: How can I find the best brain injury lawyer? My lawyer said mild traumatic brain injury is a small case. Trial cost?

3 Answers | Asked in Car Accidents and Personal Injury for California on
Answered on Aug 1, 2018
Manuel Alzamora Juarez's answer
Ask friends, your doctor, your lawyer and/or you can call the California State Bar and request a referral. TBI cases are very expensive to try and the defense bar is very aggressive and love to fight to the bitter end. However, if the facts of the case show indicia of slurred speech, severe headaches, continuous dizziness, a change of personality and diminished capacity; and, if all these facts can be proven by witnesses testimony and expert evaluations, the case may prove to be a good case....

Q: This morning my landlord came and brought in an inspector. She did not give any notice and demanded to come in.

1 Answer | Asked in Landlord - Tenant for California on
Answered on Jul 30, 2018
Manuel Alzamora Juarez's answer
The landlord has a right to inspect but that does not give him the right to barge into your house without notification and terrorize you and your minor children. Next time, call the police in their presence and file a complaint for home invasion and assault and if they touch you, file a complaint for battery. Also, have a lawyer file a restraining order if they are always doing this without your consent. Tenants in California have rights and your rights are statutory and are also spelled out...

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