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Questions Answered by Manuel Alzamora Juarez
3 Answers | Asked in Family Law and Domestic Violence for California on
Q: Can I pick up my daughter?

My parents claimed to have filed a DV report against me for my daughter but I haven’t got anything It’s been 2 months they refuse to let me see the papers or anything , and they’re refusing to let me pick her up, I have full custody. They have threatened to call the cops. Can I still pick... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 23, 2020

Check with the police if you have a restraining order. If you do not, then ask them go a stand by to pick up your daughter. If they say yes. Then, ask the police for a copy and refrain from contacting your parents.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can my landlord evict me (california) because he's selling the house? This creates impossible financial situation for me
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 22, 2020

It depends where you live and whether you have rent control in your city. The short answer is they can sell the house but they have to observe the law. It may be possible that you could be entitled to a relocation fee. It all depends where you live. Talk to a local lawyer. Best of luck.

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2 Answers | Asked in Domestic Violence for California on
Q: So I was arrested for domestic violence but my case was dismissed and thrown out

And my family member is telling me that I do not have my gun rights because of a federal law about domestic violence I was never told anything from anybody that I talk to when I was told that everything was dismissed and thrown out I was never told that my rights were taken away and I'm just... Read more »

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

If you were arrested and a temporary restriction order was issued by the Superior court, there is a requirement that you respond whether you have firearms or not. If you do, then you have a duty to turn them over to a licensed arms dealer for safekeeping and/or to sell them. You cannot have your... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: How does a gentleman's agreement stand up when the owner dies suddenly?

Now his not so nice ex wife is trying to get me out. What rights do I have to stay here? Everything was left in a Living trust to his 2 sons. 20yo & 19yo, but yet she is the one trying to raise my rent

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

If by gentleman’s agreement you mean to say a handshake and not a signed lease, then I am afraid , you do not have a lease to stand on!!! You need to renegotiate.

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1 Answer | Asked in Real Estate Law for California on
Q: my father passed away and everything was under his spouse he died in a motorcycle accident and she's literally wiped

as they have 2 houses one for her daughters (other property) and this one as mine and my brothers.

she literally wiped his safe out the day before they took him off life support.

she's gotten rid of mostly everything of his belongings.

i just need to know if i have a case

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

Sorry for your loss. It’s unclear whether there is a will or a trust. Please clarify this fact or get an appointment with an attorney because there are certain deadlines that could affect you. Best of luck.

5 Answers | Asked in Personal Injury for California on
Q: In a Premise Liability Case, can a Homeowners Insurance Company be sued for more than the policy’s liability limit?

Slip & Fall Case. Plaintiff is the tenant. Defendant is the landlord. Landlord admits he knew about, & agreed to hire someone fix a broken drain ASAP but definitely prior to a planned bday party a few weeks later. He kept forgetting & the tenant slipped & fell on pooled water that... Read more »

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

You could do so only if at the beginning of the case you asked for the policy limits and it was denied to you. Best of luck,

I

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2 Answers | Asked in Domestic Violence for California on
Q: My wife has a restrestraining order, let me stay then throws me out

She got order a few months ago, I left. Then covid came. She got worried and let me stay with her and my son, today she got upset and threw me out. There has been no abuse and not sure if cops were called

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 14, 2020

Get out right away. You could eventually end up in jail for violating the restraining order.

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1 Answer | Asked in Real Estate Law for California on
Q: Hi, What do I need to know about selling a vacant land in San Bernardino County CA?

Is it better to do it by myself? What type of contract do I need? I was looking into few websites that advertise land for sale but I don't know the steps that I need to take to close the sale. Land is clear of debts, taxes paid.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 3, 2020

To start with you should have legal title to the property and if you want to make your life easier, hire a real estate broker.

1 Answer | Asked in Domestic Violence for California on
Q: I filed for a restraining order in California. She lives in Colorado.

I hired someone to serve her and we have a court date at the end of June in California. Does she have to show up physically to court or would she be able to call in?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 3, 2020

I BELIEVE SHE CAN CALL IN BUT SHE HAS TO CONTACT THE COURT'S CLERK TO MAKE ARRANGEMENTS.

1 Answer | Asked in Landlord - Tenant for California on
Q: I've been in apt renting from a friend ,he had stroke and family now wants us out so the can sub please his houseing is
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 3, 2020

They cannot ask you to leave WITHOUT FILING AN UNLAWFUL DETAINER. BEST OF LUCK.

1 Answer | Asked in Landlord - Tenant for California on
Q: My husband and I moved in with a friend to help him he is on houseing he had a stroke and now is paralyzed..now daughter

Comes and says get out can she do that

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 3, 2020

No. She has to use a process called Unlawful Detainer. Best of luck.

1 Answer | Asked in Child Support, Divorce and Real Estate Law for California on
Q: A lien has been put on my home for child support my ex owes. How can this be removed?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 27, 2020

It can be removed by paying the exact amount and a fee for the removal of the lien. Usually there is a number you can call to remove the lien.

1 Answer | Asked in Landlord - Tenant for California on
Q: What can i do if my landlords are harassing me by phone email text etc. and is defaming me by telling lies about me.?

As well as the other tenants without proof and making false accusations against me what can i do to defend myself against such things? They've been trying to get me evicted but i have been staying in compliance with my lease and now they are making up lies about me and telling me that i have... Read more »

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

By harassing you, Thr LL is engaging in unjustified normal behaviors which is known as a violation of the Covenant of peace and Quiet Enjoyment of your rental unit. Please write him a letter with all the things he is doing against you and ask him to stop immediately. If he does not, then call a... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Am I guilty of aiding and abetting?

My wife has a mental illness. She became aggravated and tried to kill my eldest child, an adult. I prevented the murder. She inadvertently hurt her minor child as well. Do I need to report the attempt?

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

Y

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2 Answers | Asked in Divorce and Real Estate Law for California on
Q: I am married I want to get divorced. We have a morgage together. I dont want money from the house. i just want to leave.

He makes majority of the income. i heard something about a quick deed. how can I get out of the morgage?

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

A quick claim deed transfers your rights on the property to your husband but that act alone does not relieve you of your mortgage obligation. The best course of action is. Not to give up on your rights to the property. Have your lawyer enforce your marital rights to the property and then... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can I be placed in another home this house has mold I called property management several times but they don't come out

There's a busted pipe in the wall they started to work on it about a year ago but haven't worked on it for about 10 months now

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

You need to write a complaint letter to management or owner. If no answer, within a reasonable period of time, then call the city inspector. If nothing happens after this, then call a housing problem lawyer (Tenant Lawyer). You have a right to Live in a habitable House or apartment. Your... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I and my husband have a trust, which includes our house. The mortgage is only on me. What happens to the house if I die?

The mortgage we have on the house is only on me, as I am working. My husband retired. But we have common bank accounts. What happens if I die? Can my husband continue to pay the mortgage?

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

When you created your trust, your property was transferred to the trust(hopefully). Your Trustee will follow the instructions you left in your trust. If you do not remember them, please call your kawyer for a review. Best of luck.

2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for California on
Q: Contractor malpractice on hazardous material

in Calfornia, a general contractor was hired for condo remodeling.

The condo is contaminated to the extent beyond living and the clean up bill from is hefty. Shall the owner be responsible for the bill only?

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

Did the homeowner’s association know of the Asbestos prior to your purchase of Thr condominium? Was this fact disclosed to you in your closing documents? We’re you aware of the asbestos issue prior to construction? These and many more questions would be raised in a litigation against the... Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Covid19: unable to start newly signed apt. lease. College student moved home in March and can't return for summer/fall.

A friend of ours is a student at San Diego State, but had to move home in March because of Covid-19. Anticipating returning for school in the summer/fall semesters, he recently signed an apartment lease (w/No deposit yet) with three other students. However, California State schools have just... Read more »

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

Covid 19 is a first in a litany of cases that will ensue in the future, however the theory for your friend’s termination of the lease is not new. The first that comes to mind is Frustration of purpose. Your friend”s only reason he signed the lease was because he was attending the San Diego... Read more »

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4 Answers | Asked in Real Estate Law for California on
Q: My husband and I would like to sell our 2 rental properties. We are 50/50 owners with a friend

We plan on moving out of CA within next few years and would like to sell. Our partner would like to hold on to them and buy us out. Is this a simple process? Can we just agree on a price and move title over to him and he buy us out? Or is there a lot more involved? We have been splitting... Read more »

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

Yes, it is as simple a process as you can make it. But if there is a disagreement as to value or FMV then you will have to get an attorney ASAP. Best of luck.

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