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Questions Answered by Manuel Alzamora Juarez
4 Answers | Asked in Car Accidents for California on
Q: I received a summons for an auto accident that occurred after I sold the vehicle. Do I have to appear in court?

The vehicle was bought and the new owner took ownership. Then he got into an accident.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jan 20, 2020

Yes. You are obligated to go. At court explain to the court you sold the car. Provide name , address and telephone number of the person to whom you sold your car.

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3 Answers | Asked in Car Accidents for California on
Q: I was rear ended and wanted to know what happens if my medical and property damages exceed the other party's insurance
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jan 18, 2020

This is the time when your uninsured/underinsured policy kicks in. Call a lawyer to review your case. They do not charge you until the make money for you. Best of luck.

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2 Answers | Asked in Consumer Law, Civil Rights, Environmental and Landlord - Tenant for California on
Q: Is a landlord required to find and pay for housing if mold needs to be abated?

I live in an apartment in Anaheim California. The lease is weekly and required to pay by week and it up to a month in advance. I have been stalked and harassed and now the entire ceiling in my closest is saturated with water and brown mold in ceiling. The carpet is wet and my belongings on on the... Read more »

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

Go to the doctor and get treated. Most insurance company have exclusions for mold. You have to use negligence theories. Be careful how to file your pleading. Best of luck.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can I sue my landlord?

I was promised things that weren't true before signing the lease. Move in day and I can't get ahold of my landlord. Finally my landlord called to tell me the house would be ready in 2 days. A wk went by and it was still not ready but she said I could move in if I didn't mind people working in... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jan 9, 2020

You may have a strong case for violation of Cal Civ. Code Sections 1941 and 1942. Warranty of Habitability. Please contact an attorney immediately. There is no fee for consultation and you do not pay anything if there is no recovery. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord and tenant rights

So I rented this house and have given my landlords multiple written notices of things not working or being safe. I still have there stuff in my shed and big piles of garbage outside that is there. They left two refrigerators in my front yard that dont work. When I said I was withholding some rent... Read more »

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

Go to your city inspector’s office and make a complaint. Ask them to come and inspect your rental. They will write a report and ask your Lanlord to fix your housing problems. Best of luck!!!

1 Answer | Asked in Landlord - Tenant for California on
Q: can we withhold rent from landlords if they have no fixed a heater issuing in the unit

For months since September we have been asking for a heater, management has not provided one even when temperatures are below 34 degrees after threatening to withhold rent that brought a space heater that only heats up one area , management keeps saying this month it will be installed but not an... Read more »

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

Pay your rent. Hire a lawyer. Let your attorney handle your case. Warranty of Habitability attorneys will not charge you for their time until they get money for you. If you have medical records on your child injuries, you have a reasonable case. Best of luck!!!

2 Answers | Asked in Domestic Violence and Landlord - Tenant for California on
Q: My roommate is threatening to file sexual assault on me (I am female) but I have never assaulted her. What do I do?

Over the past 8 months, my boyfriend and I have shared an apartment with another couple. As the months went on, they began damaging the apartment and throwing loud parties without our consents (which we had previously agreed to). The incident started when I woke up at 3 am on December 29, 2019 and... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jan 2, 2020

When they serve you with the harassment papers, do not fall sleep. Hire a lawyer immediately to defend you. If you do not have legal help, you may end up losing your place and a restraining order may be issued on top of that. Act Now. Best of luck!!!

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1 Answer | Asked in Car Accidents for California on
Q: Involved in an accident

I was involved in an accident and my vehicle wasn’t on my insurance policy at the time. I was found at fault. One vehicles insurance totaled out a vehicle, in which I requested to be apart of the appraisal. Now they are wanting full payment even though they sold the salvaged vehicle. What rights... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Dec 29, 2019

You should offer to pay the amount demanded less the proceeds of the sale of the salvaged vehicle. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: We rent in california and have been in the same apartment for 3 years the ceiling in my asthmatic childrens room has

Been leaking and mold has been an issue The owner already paid someone to fix it but the guy has yet to show up like i said its been a year of back and forth with them the owner will not pay someone else to come out and do the repairs what should i do? My kids cant even go in their own room because... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Dec 4, 2019

Waiting one year for the landlord to fix your leaky ceiling is unconscionable. you have rights under California Civil Code 1941-1942 to a habitable gouse or apartment. Your landlord has failed his duty and you have suffered damages. If you or any of the persons has gotten illed as a result of... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord has asked me to move out and wants me to name a figure amount to move. Do I have to move ?

My landlord has stated that there are not problems with my tenancy...that my rent has always been on time and I've never received any complaints.

But he as asked me to move, stating : " there's money involved", and he wants ( me ) to name the figure amount to be considered.

I'm... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 19, 2019

Next time he approaches you tell him to contact your attorney. Choose a Tenant lawyer near you and that will be the end of it!!!

1 Answer | Asked in Landlord - Tenant for California on
Q: How can I stop a eviction?

Lease expired so I asked to renew it. Was told my house is going to be sold and I have till next month to get out. I asked why I didn't get a notice and they stated"Oh, we taped one to your door in September". I never found a note taped to my door. I never got a copy in the mail, never served, no... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 18, 2019

He has to serve you personally. Or, give you a 60 days move out Notice. Besides, he accepted your payment for this month, so Just get a lawyer to represent you to tell the Judge you were never served personally and did not get a move out notice. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord wants to buy me out in a rent controlled bldg. in Oak, CA. Can I get evicted if I say "no" ?

I am afraid that saying "no" to a potential buy out from my rent controlled apartment could result in my landlord starting eviction procedures. As a consequence, he keeps "pressing" to reschedule one to one ( off the record) meetings with me.

Do I have to keep having these meetings... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 18, 2019

No you cannot be kicked out of your apartment for saying no. You may be asked to negotiate by the landlord or his attorney and depending on whether your landlord is not violating any rent control laws, you may be asked to move out for an amount mutually agreeable to both parties. However, there... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: landlord kicked me out in retaliation for complaining and about to take legal action for uninhabitable apartment
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 18, 2019

Your eviction is independent of your cause of action for violation of the warranty of habitability. Hire a tenant lawyer right away to protect your rights. you must take all your correspondence with your landlord, copies of videos or pictures of what was wrong in your apartment, medical records... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: The Light Fixture Fell Down From An Apartment Just Rent In September

The light fixture just fell from an apartment that we just rent. Luckily, no one got injured. But, we, as college students, still felt that this incident was very dangerous. However, the leasing office response was "everything could happen." The argue point was that we signed the contract only two... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 17, 2019

First take pictures and videos. Second, write a letter to LL and explain all that happened and ask manager to fix the problems. Best of luck.

2 Answers | Asked in Land Use & Zoning, Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Do you have same rights as a renter, if you are offered Free Rent in exchange for labor fixing the house up?

Ive been offered a house Free Rent just to fix it up. It has a lot wrong with it. Needs toilet, tub put in, new electrical box, trees trimmed, trash cleaned up cause homeless have been coming and going. All kinds of things. I was told that even after everything is fixed I could stay there rent free... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 30, 2019

I see this pattern a lot in my business. Here is some advice to protect you. write a contract for a nominal rent. Have the landlady agree that you will charge market fees and that she will pay for all supplies.

Each month tally your work and then deduct the nominal rent. If there is a...
Read more »

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4 Answers | Asked in Car Accidents for California on
Q: Insurance company wants to give entire car accident settlement to Medi-cal. I still have med bills and am homeless.

The at-fault driver only had $15K coverage and is broke. How do I recover court filing fees to cancel the case & negotiate with Medi-Cal to recoup some of it for treatments they don’t cover, since I did all the legal work myself to file lawsuit and recoup full amount on their behalf?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 30, 2019

Since you do not have a lawyer, you should call the Medical adjuster and tell them that you paid for legal fees and other expenses. They should adjust your bill and send you approximately half of the money back. Best of luck.

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2 Answers | Asked in Personal Injury for California on
Q: Thank you for the advice but why can't you just answer my question

If it were you filing a lawsuit, what form would you use?

On what form should I put my petition/prayer for recompense?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 23, 2019

It all depends what type of lawsuit you are filing. You can browse through all the forms at : judicial council forms of California. Best of luck.

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2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Lived in apartment for 18 mo, repeatedly asked for repairs, continuously told to be patient, many more issues

Infested with bugs that have been here before i moved in

Infested!!! 1,000s of cockroaches floors are falling in roof is caving in, both entry points leak a water fall inside the house broken windows, no screens etc

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 23, 2019

Your landlord is violating the warranty of habitability. Take lots of pictures, if you are feeling sick due to the cockroaches' droppings and foul smell of the rats, go to the doctor. Do not forget to notify the management or owner of all your troubles. Ask them in writing to fix the problem.... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I got a 60 Day Notice to Quit for reporting a fire code violation at my building. Can they do that?

There's a habitability problem at this senior's complex. When I report anything to the manager, she thinks I'm a problem. I have a letter with all of the details, and pictures, I'd like to send you, if I can have an email address.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 10, 2019

Yes, they can do that. Is it legal. I would say no. Contact the nearest lawyer to you that litigates habitability issues and get an appointment. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: What rights do I have? Can I be evicted without going through the legal process in. The courts?

I rent two rooms from a man for my family of five. We are waiting for our new place to be ready. About another week or so. I have fallen behind on my rent to him. He has served me with a three day notice to perform or quit. Can he evict me without going through the courts and the legal process?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 8, 2019

No. He cannot evict you without legal process. However, if you explain you only need a week, you may save a bad reputation in the future. Talk first and avoid a legal eviction.

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