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Questions Answered by Mr. Robin Mashal

1 Answer | Asked in Family Law for California on

Q: If one of the partners is unfaithful does that help the other ones case by any way?

Mr. Robin Mashal answered on Mar 12, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

California is a "no fault" divorce state. That means, there is no requirement of wrongdoing by one of the spouses in order for the other spouse to seek dissolution of marriage. Be...
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1 Answer | Asked in Probate for California on

Q: WHAT YEAR DID PROBATE CODE GO IN TO EFFECT.21350.5

Mr. Robin Mashal answered on Mar 12, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Apparently, this statute was enacted in 1995.

1 Answer | Asked in Civil Litigation for California on

Q: can a new cause of action be added after a demurrer has been sustained? the judge order didnt indicate any restrictions.

Can a plaintiff add new cause of action without having obtained permission to do so? The plaintiff cause of action indicate before any action was 1.. frudulent use of DBA

I added Fraudulent used of DBA and State Marks when I was allow to Amended the Complaint.

Mr. Robin Mashal answered on Mar 12, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Generally, if the court sustained demurrer but provided you "leave to amend," you should be able to make the necessary amendments. My suggestion is that you retain an attorney to...
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1 Answer | Asked in Landlord - Tenant for California on

Q: A money order put in a drop slot at our office came up missing, we have the receipt for it, who is responsible for it?

On the 4th, we paid rent via a money order, which the office says was never received. It was dropped into the payment box at our office that night. On the 10th we got a three day eviction notice. Can we be forced out of our home because the management lost our money?

Mr. Robin Mashal answered on Mar 12, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Although you dropped off the money order in the payment box, there is no confirmation that your landlord actually received it. Before the 3 days on your notice is up, you should try...
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1 Answer | Asked in Estate Planning for California on

Q: Father passed away in 2010 in Puerto Rico. How can I find out if he left an inheritance?

We were not aware of this possibility until his widow contacted one of my siblings asking him to sign a document as a release for things. She did not explain in details, and we get the sense he left something but she is unwilling to tell us. Since raising questions about what that document was for,... Read more »

Mr. Robin Mashal answered on Mar 11, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. You should consult an attorney licensed in Puerto Rico to find out about the local probate laws. The attorney may be able to search the court index for...
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1 Answer | Asked in Child Custody for California on

Q: Do I need a lawyer?

My husbands cousin just had a baby. She has no job and the baby's dad is in Mexico. She's willing to give us full custody of her. What actions do we have to take to make everything legal?

Mr. Robin Mashal answered on Mar 10, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you are trying to adopt the child, you should retain an adoption attorney to assist you through the process.

1 Answer | Asked in Personal Injury for California on

Q: What types of negligence does California have?

Mr. Robin Mashal answered on Mar 9, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

California courts apply "comparative negligence" principles; the court will compare to what extent each of plaintiff and defendant may have acted negligently in determining liability...
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2 Answers | Asked in Landlord - Tenant for California on

Q: Under California law. who has the right of possession for the original of a residential lease agreement?

Mr. Robin Mashal answered on Mar 9, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The landlords usually keep the original executed lease. However, it is good practice for the parties to execute two copies of the lease so each of the parties can have their own...
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1 Answer | Asked in DUI / DWI for California on

Q: can I be charged with a felony dui if I'm involved in a collision and the party I hit has complaint of pain only.

Mr. Robin Mashal answered on Mar 9, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am not certain I understand your question. You can be charged with DUI (driving under the influence) if you drove under the influence of alcohol or drugs; whether or not the party...
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1 Answer | Asked in Family Law for California on

Q: If my husband dies, will his daughter ask me to leave the house we have lived in for 9 yrs. because she's the trustee?

My husband and his prior wife(before she died) trusted their 2 daughters before we got married. They live in Florida. I am 64 yrs. old and he is 83. I am concerned for the future because I have no more relatives in USA other than my husband. I do not work and have never worked.

Mr. Robin Mashal answered on Mar 8, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The trustee can enforce the terms of the trust. You should ask your husband what his estate plan provides and whether he is leaving anything to you. Be sure to consult your own...
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1 Answer | Asked in Landlord - Tenant for California on

Q: can i be asked to move after i asked for common area lights to be fixed ?

ive asked for the lighting to be fixed numerous times i submitted a letter the day i paid my rent and toook a picture of it few days later i got a notice to move i had 30 days.Did not recieve it in the mail only attached to my door i didnt move and then recieved a 3 day to pay or quit.I just got... Read more »

Mr. Robin Mashal answered on Mar 8, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you are in a month-to-month tenancy, either you or the landlord can give 30 day notice to terminate the tenancy. Also, if you fail to pay your rent timely, the landlord can evict...
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2 Answers | Asked in Landlord - Tenant for California on

Q: On 3 day notice In CA that shows 7 months unpaid, can landlord apply payments made during that period to prev.rent due?

Mr. Robin Mashal answered on Mar 8, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

When a residential landlord gives 3-day notice for nonpayment of rent, if the landlord accepts any payment short of the full amount due, that will prevent the landlord from bringing...
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1 Answer | Asked in Small Claims for California on

Q: I parked on a parking that said reserved visitors parking then got tow can i take it to small claims?

Mr. Robin Mashal answered on Mar 8, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am not clear based on your description whether the visitor parking had any time limits, whether you were in fact a visitor, on what grounds you wish to sue, etc. Please clarify.

1 Answer | Asked in Family Law for California on

Q: If my husband bought a truck in his name while we were married then can i ask him to sell it during the divorce?

married for 8 years and together for 12 years.

Mr. Robin Mashal answered on Mar 4, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Since you are going through a divorce proceeding, the family court will order how the assets should be divided. If the truck was purchased with community funds, it would be considered...
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1 Answer | Asked in Securities Law for California on

Q: whar is statute of limitations on sec certs?

I have a securities certificate that was never cashed in. Bought in 1966 and came due in 1976. Is it still possible to collect on this. Insurance Securities Trust Fund of San Francisco.

Mr. Robin Mashal answered on Mar 4, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Were the certificates issued in your name? If so, you should contact the company that issued the certificates and see if they are holding any funds for you. There is also a chance...
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2 Answers | Asked in Real Estate Law for California on

Q: My girlfriends parents both passed away and left no will for the house.shes scared of losing iit

Shes been paying the rent still in her parents name for a year but shes scared of losing the house

Mr. Robin Mashal answered on Mar 4, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for the loss of her parents. Please clarify why your friend fears losing the house. Has she been falling behind in payment of mortgage loan, taxes, etc. If her parents...
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2 Answers | Asked in Tax Law for California on

Q: My deceased mother owes state taxes. She has no estate or beneficiary I shouldn't be reliable for her owed tax

I was wondering if the state ca would eat it. Or if they would somehow try to come after me or brother. Like i said she has no estate.

Mr. Robin Mashal answered on Mar 4, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. Generally, your mother's estate would be liable for her liabilities, so the state tax collectors can go after her estate's assets, if any. If you or your...
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1 Answer | Asked in Copyright for California on

Q: Can I use the phrase "THE WALKING DEAD" on a T-shirt (to sell).

It wouldn't just be the phrase. Maybe something like "I AM THE WALKING DEAD"

Thank you.

Mr. Robin Mashal answered on Mar 2, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You should find out if anyone has a claim to that phrase. There are professional firms that can assist with a trademark search. Be sure to consult your own attorney to protect your...
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1 Answer | Asked in Family Law for California on

Q: im looking to change my full legal name and i just wanted to know how do i do this?

Mr. Robin Mashal answered on Mar 1, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You will need to petition the court for name change. After your forms are filed with the court, you will need to publish the Order to Show Cause form and file the proof of...
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1 Answer | Asked in Foreclosure for California on

Q: Regarding a NOtice of default ....The original Trustee a Title Company that is out of Business is this a legal NOD?

Mr. Robin Mashal answered on Mar 1, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Typically, the lender will record a substitution of trustee form to indicate a new trustee being substituted in place of the outgoing trustee. In the even of default, the current...
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