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California Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for California on
Q: If family is still living in house of deceased person, but house is inherited by another, how do you get them to leave?

My son and his family were living with my aunt. She is now deceased, and I have the home. I need to sell, how do I get the family out?

Jackie Marie Howard
PREMIUM
Jackie Marie Howard
answered on Jun 24, 2021

If your Aunt owned the house individually, a probate administration in court will be necessary to get legal authority to evict the tenants (if they won't leave voluntarily). You said that you have the house. Are you on the deed? More information would help to provide you with a more... View More

1 Answer | Asked in Uncategorized for California on
Q: How do I go about getting my idea patented? I have a great idea, but no prototype.

I would like to sell my idea if possible

Tim Akpinar
Tim Akpinar
answered on Jun 21, 2021

Your question remains open for two weeks, and there's no point losing further time in the Uncategorized section of this forum. You could try reposting under the Patents (Intellectual Property) category. There's no guarantee that every post is picked up, but you would have better chances... View More

1 Answer | Asked in Uncategorized for California on
Q: relocated from Az. to Cal. to care for mother ,me and my wife with no type of help or support from siblings

is compensation possible

Jackie Marie Howard
PREMIUM
Jackie Marie Howard
answered on Apr 3, 2021

More information would be needed to give you a responsible answer. Does your Mother have capacity, what is her condition, is she on State benefits, who are you seeking compensation from (your Mother, the State, etc.)? Private consultation with an elder/estate attorney would provide you with a... View More

1 Answer | Asked in Uncategorized for California on
Q: Tragic death occurred because the family members complied and trusted the mental health court and county's policies

I am reaching out to Justia lawyer network to see if anyone can advise on how to navigate the law pertaining a wrongful death of a special needs adult. The timing of the my partner step son being released from the main jail and his death from a hit and run is highly suspect. He was killed in a hit... View More

Jackie Marie Howard
PREMIUM
Jackie Marie Howard
answered on Apr 3, 2021

My condolences for your loss. Consult with a litigation attorney who is experiences with bringing cases against the county/government (there are special rules and privileges that apply) in the area the incident occurred. You may need to interview several litigators to find the right one, but... View More

1 Answer | Asked in Uncategorized for California on
Q: What happens if I have the vehicle in my possession, file a lien for services and the owner is deceased?
Jackie Marie Howard
PREMIUM
Jackie Marie Howard
answered on Mar 28, 2021

Any legal claims would be against the estate of the deceased owner. Finding out the status of the owner's estate (i.e. in Probate Court, trust administration, etc.) will assist you, and your legal counsel, to determine the proper procedure for recovering what the estate owes you.

1 Answer | Asked in Uncategorized for California on
Q: How can I make it legal so I don't have to worry about indecent exposure charges?

I live in my car, but i hygiene almost every day.. so what I have been doing is waiting till night time to go to a spot to shower with a portable shower I bought. I literally get fully naked. But I don't want to be charged with indecent exposure. If I purchase a shower tent? Will it protect me... View More

Maurice Mandel II
Maurice Mandel II
answered on Mar 19, 2021

I empathize with your situation, this is a tough question. My suggestion is that you do not get completely naked when you shower, use it to wash your t-shirt and shorts at the same time. Change like a surfer, under a blanket or towel. There is no guarantee that this will work, and you cannot get... View More

1 Answer | Asked in Uncategorized for California on
Q: poa was granted 12/12/20 do to mental incompetence. individual filed a restraining order on their own 1.22.21

is this Ro valid? shouldn’t it have been filed by whoever took the power of attorney?

Maurice Mandel II
Maurice Mandel II
answered on Mar 19, 2021

You confuse the powers and rights between a Power of Attorney and a Conservatorship. The grantor of a POA does not lose the right or power to act on their own, they merely appoint another person to be able to exercise equal powers. In a Court granted Conservatorship, the person could lose the... View More

1 Answer | Asked in Uncategorized for California on
Q: Am I responsible for this.

I rented a car from turo, and it was stolen. I tried to make a police report. The owner of the car was notified and the police officer even talked to her. The officer ended up telling me that I was not able to make the report because I am not the owner. The following day and investigater called me... View More

Maurice Mandel II
Maurice Mandel II
answered on Mar 19, 2021

It Depends. What does your rental agreement say? Were you negligent in securing the car so that it got stolen because of something you did? They will present you with bills and maybe even sue you for it, but they may not be able to get the award. Of course you kept the name of the police... View More

1 Answer | Asked in Uncategorized for California on
Q: 7.5 hours shift in California with one or two many rest breaks

Hi! I'm a part time worker with 38 hours/week. My shift 10am-6 pm every weekday. My employer provides one unpaid 30 min lunch and one paid 15 min. rest break, which are not fixed, so some time I have to work continuously for 3 hrs 45 min. Do I qualified for a second rest break?

Maurice Mandel II
Maurice Mandel II
answered on Mar 19, 2021

YES. You are entitled to a 10 minute rest break for each 4 hours worked or "or major fraction thereof"., as close to the middle of the 4 hour period as practicable. This means one break after 2 hours, and one break after 6 hours, on the clock. 3.5 hours of 4 hours is a "major... View More

1 Answer | Asked in Uncategorized for California on
Q: I loaned my sister $40,000 and she is refusing to pay me back.

My sister had property in foreclosure so I loaned her $40,000 that I borrowed from my father-in-law on a promissory note in my name because he didn’t know her. The money went directly into her checking account. I paid off the note. Now she doesn’t want to pay me back. Is there a way for me to... View More

Maurice Mandel II
Maurice Mandel II
answered on Mar 19, 2021

Sue her. Of course, you have her signature on a document promising to repay, just like a bank would have if it loaned $40,000, right? Because if you are going to act like a bank, of course you took all the precautions that a bank would take including a trust deed securing your loan with the... View More

1 Answer | Asked in Uncategorized for California on
Q: my insurance company is lowballing me I believe on my motorcycle damaged settlement claim. They asked for receipts which

They asked for receipts which I supplied in the amount of $87736.79. They countered at $3500. This is a custom built motorcycle. What do you recommend in this request for information?

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2021

A California attorney could advise best, but your post remains open for four weeks. Until you can arrange meaningful guidance from a local attorney, as a general matter, these types of property damage adjustments can be difficult. Most of the industry is cookie-cutter, based on standard makes,... View More

1 Answer | Asked in Uncategorized for California on
Q: A refrigerator company won’t replace or service my fridge after they have already serviced it 3 times.

I haven’t had a fridge for about the past 4 months. After they have sent out 3 technicians, I didn’t want to go through that process again. It was deemed unrepairable. Which is what they said they needed to get a replacement. Neither the people I bought it from want to do anything about it and... View More

Maurice Mandel II
Maurice Mandel II
answered on Feb 6, 2021

This question should be in the category Consumer Law in order to get the right attorneys to view it. As a consumer you are entitled to whatever specific warranties the seller offered you and if you started having problems and reported them within the warranty period, you will probably be... View More

1 Answer | Asked in Uncategorized for California on
Q: is walgreens liable to compensate me for my property that was stolen while doing what they asked me to do?

I was asked when i enteres the store to leave my bags at the door while i shopped. I complied and went to do my shopping. 5 minutes later the security guard came up to me stating that y bags were stolen, he saw the person who did it, also he said that i coud catch him down at the corner of the... View More

Maurice Mandel II
Maurice Mandel II
answered on Feb 6, 2021

Under these circumstances the store could be liable for your property loss. You should consult a personal injury/ property damage attorney in your local area.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Uncategorized for California on
Q: I'm being framed I'm gay and by his friends from school and my town. They Dont file reports just incident let others fra

was beat up 2018. My ex stole and robbed from me and used me car and drugged me. His cousin or daughter beat me up as I was waiting. Cop sided with them. 2019 followed by my drug dealers friends I went crazy these people followed me all over my town so I followed them back. Three months later a car... View More

Maurice Mandel II
Maurice Mandel II
answered on Feb 6, 2021

You don't need a lawyer, you need a Green Beret, or Navy Seal. Contact a civil rights attorney in your local area to see about a civil rights restraining order against them for harassment, or just a restraining order re: harassment.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Uncategorized for California on
Q: What is the best way to protect money in an investment account from lawsuits?
Maurice Mandel II
Maurice Mandel II
answered on Jan 25, 2021

California has laws protecting creditors from actions by debtors to avoid enforcement of judgment. They are "unlawful transfers to avoid judgment." Your question asks for information about how to violate those laws. Unlikely you will receive that information on a public forum where the... View More

1 Answer | Asked in Uncategorized for California on
Q: I'm college student. I planning to become a lawyer, do I must to go to law school and how do I get experience ?

I'm originally from Ukraine and been living in California for past 3 years. I'm enrolled in college right now and planning to transfer but I'm still not sure is this is what I can do for the rest of my life (being a lawyer) and my fear is to take a loan for university and for the law... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Dec 30, 2020

I would suggest working for a lawyer, or law office, as an assistant first, to get exposure and some experience in the legal profession to see first hand if the work is something you would enjoy doing. If you cannot obtain a paid position, then you could always ask to work as an unpaid intern to... View More

1 Answer | Asked in Uncategorized for California on
Q: If I want to ask a lawyer to draft a confidential non-disclosure agreement, can I have some basic information on it?
Tim Akpinar
Tim Akpinar
answered on Jan 5, 2021

A California attorney could advise best here, but your question remains open for four weeks. At this point, you could reach out to attorneys to discuss - you could ask about the basic information you mention, pricing, and the scope of the agreement you are contemplating. Good luck

Tim Akpinar

1 Answer | Asked in Uncategorized for California on
Q: Can I file a wage claim for missed breaks for my wife, who wants nothing to do with the process?

n/a

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2020

The employee has to file the claim, so NO.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Uncategorized for California on
Q: Can someone give you a gift, offer to hold/ storage that gift, then later claim it as their own and keep it ?

I was given a football jersey as an early Xmas / bday gift. I received and put the jersey on, that same day the gifter offered to hold onto the jersey until this Sunday. Now there’s been a completely unrelated disagreement and the gifter is claiming it to be their jersey and will not return it

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2020

Go buy a replacement jersey, and sue the gifter for taking your personal property.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Uncategorized for California on
Q: Is a company allowed to charge a non refundable deposit without notice before the payment was made?

If I pay for a service in advance, and then cancel & ask for a refund before the service was given, can a company refuse to refund the full amount due to a "nonrefundable deposit"?

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2020

Companies are allowed to charge non refundable deposits if they give you clear and unequivocal notice. Sometimes these notices have to be posted at the cash registers. Read your contract.

Justia disclaimers below, incorporated herein.

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