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California Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for California on
Q: Yeah friend of mine purchased a boat in a private deal now he needs to retain control of the slip how how does he do it

He needs to work on the boat to move it legally buy motor insurance but they're asking him to move it out of the slip or they're going to tow it on his expense how can you prevent them from doing that

Tim Akpinar
Tim Akpinar
answered on Sep 12, 2020

A California attorney could answer best, but your post remains open for two weeks. Unless dockage in the slip was covered in the sales contract, or the seller made arrangements for continued berthing as a courtesy, it's possible the facility is within its rights to order removal of the boat.... View More

1 Answer | Asked in Uncategorized for California on
Q: My ex partner wants to sue me because he lost his green card and wants to lie and say I robbed it but has no proof?

He had gave it to me because I had lend him 3,000 dollars so in exchange he told me to keep his green card. It was irresponsible of me by letting our child play with several of my cards and his green card, and I had informed him a month ago about it no being able to find it but he didn’t do any... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 5, 2020

You have already done too much letting your child play with the green card, there is nothing more that you can do. His lawsuit is not going to go anywhere. What is he going to do? Spend $500 in filing fees to file for unlimited or limited jurisdiction in Superior Court or spend $50 to file a... View More

1 Answer | Asked in Uncategorized for California on
Q: Yes a friend of mine purchased a boat in a private deal now is she needs to retain control of the slip how does he do th

he's been asking movies best of all he needs a little time to work on it get the motor running and all the lights and insurance with legal to move

Maurice Mandel II
Maurice Mandel II
answered on Aug 30, 2020

Boat Slips are usually rented to the boat owners, unless they are on a private dock. He needs to contact the slip owner/ maintenance company, to negotiate the terms of the slip rental. Remember to tell him: "A boat is a hole in the water into which you pour money." and "The... View More

1 Answer | Asked in Uncategorized for California on
Q: my car was repossessed. i paid, immediately. they've had my cashiers check since last tuesday but it still hasn't posted
Maurice Mandel II
Maurice Mandel II
answered on Aug 27, 2020

There is no question here. Did you get the car back with payment of the check? Are they refusing to release the car?

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1 Answer | Asked in Uncategorized for California on
Q: I pay a monthly booth rent at a salon in CA thats under mandatory shut down because of the coronavirus.

My question is- Is it legal for the owner of the salon to still charge me booth rent for a space in the salon when I’m not allowed to use it because of the shutdown?

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

What does your agreement with the salon owner say? It would seem improper for the salon owner to collect rent from you and not provide you with the access that you bargained to pay for, even if the failure to provide access is because of Government orders to shutdown. That is not your... View More

1 Answer | Asked in Uncategorized for California on
Q: I have 4 to 5 months left do to brain tumor need a living will so everything can go to my emergency contact. How?

I have a service dog that will be adopted by my emergency contact just want this done before i die please

Maurice Mandel II
Maurice Mandel II
answered on Jul 19, 2020

You misunderstand what a "living will" is. It is a power of attorney for healthcare, and allows your designee to make medical decisions for you if you are incapacitated. You can make your own "Last Will and Testament" aka a Will. It needs to be all in your own handwriting and... View More

1 Answer | Asked in Uncategorized for California on
Q: If more than half is paid on price of car, can private seller repo for non payment of verbally contracted lemon car ?

Other monies invested in car, ie. Insurance, tires, etc and car no longer operable 60 days after purchase and he expects car returned with no refund of invested funds. Is this legal?

Maurice Mandel II
Maurice Mandel II
answered on Jul 19, 2020

You bought a car on an ORAL AGREEMENT? Not a good idea. But it may work in your favor because seller may have a hard time to prove you purchased on an "as is" basis. Sue him in small claims. You are out the insurance money. You may be able to recoup the tires. Claim fraudulent... View More

1 Answer | Asked in Uncategorized for California on
Q: I am no longer living in my apt but still paying on the lease. Bills are in my name. Can I close my utilities account?

I am moving out of the state and wish to close my utilities account (I have collected half the bills from my housemate). I am still paying 1 additional months rent to finish my lease but will not be living there. Can I close my utilities account and have my housemate open her own for the final... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 15, 2020

You are both a tenant; and you are a landlord to your housemate. You need to provide her notice that you are closing the account. You should have done this several months ago and then you could have paid the housemate for utilities instead of vice versa. You cannot shut it off and leave her... View More

1 Answer | Asked in Uncategorized for California on
Q: Good afternoon. I let someone borrow $5,000. She had told me that she would give me back $6,000 by the end of the month.

She never did and now it has been over a year. She stated that she only has to pay back $5,500 per law. Is this true? Even if I have it in writing that she would pay $7,000?

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2020

Banks are the only entities that should be loaning money, not you. Sorry you were cheated. This is a matter for Small Claims, you should sue for $10,000, to include all pre-judgment interest, your rate of interest is within legal parameters, you can research it in the Financial Code. You need to... View More

1 Answer | Asked in Uncategorized for California on
Q: Do I need to pay a dentist bill along with a hefty late fee, if it's been over a year since I received a bill?

It's been so long, but as I remember, I tried to contact them about my insurance but was unable to contact them at the time.

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2020

It depends on your agreement with the dentist. If you can pay the original bill off now, call them to negotiate.

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1 Answer | Asked in Uncategorized for California on
Q: Hello... my mother died years ago without a will. We all assumed she had nothing... I’m wondering about investigating

Is there a way to find out if any property or assets have been left that have yet to be distributed properly? My sister and I were so young when it happened we didn’t know what to do, and our father who had divorced her took her SS benefits from underneath us quickly...

Maurice Mandel II
Maurice Mandel II
answered on Jul 7, 2020

For some types of personal property, like bank accounts, the Secretary of State maintains a data base of "Unclaimed property" where you can see if any accounts in your mother's name were turned over to the state. As for real property, a title insurance company could help you to... View More

1 Answer | Asked in Uncategorized for California on
Q: Roommate owes money refused to pay
Maurice Mandel II
Maurice Mandel II
answered on Jul 3, 2020

Your brief question does not provide many facts, such as "In whose name is the rental agreement?" if it is your name and the roommate is your subtenant, you can give them a 3 day notice to pay or quit, and at the same time a 30 day notice to vacate the premises. Then you can file an... View More

2 Answers | Asked in Uncategorized for California on
Q: further more, what steps to the police take to locate a run away teen. how can he or she avoid being returned
Maurice Mandel II
Maurice Mandel II
answered on Jun 29, 2020

Now you are asking a question on a public forum about how to commit a crime. This is not something you should be posting publicly. Your identification is noted on this site and it would not be too difficult to figure out who you are. No attorney is going to provide you with advice about how to... View More

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1 Answer | Asked in Uncategorized for California on
Q: Nonprofit able to hold digital meetings per their bylaws, can they vote if some officers and directors can't be seen
Maurice Mandel II
Maurice Mandel II
answered on Jun 29, 2020

Unclear what you mean by "can't be seen." If you mean that their computer lacks video so when they are on Zoom you get a black screen, then the answer is "yes" they can vote. In theory they could vote if the called in on a conference call.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Uncategorized for California on
Q: So im in california and I was wondering if it is legal to have an unsharpened katana
Maurice Mandel II
Maurice Mandel II
answered on Jun 13, 2020

It depends. Are you over 18? Are you a collector? Where do you want to have it? at home? OK. In the front seat of your car? Probably not a good idea. Are you just speaking about owning one for curiosity sake? The Katana, or Japanese long sword is considered a knife and is subject to the same... View More

1 Answer | Asked in Uncategorized for California on
Q: Is it safe or normal to pay a lawyer a retainer fee over the phone if he agrees to take me in as a client?
Tim Akpinar
Tim Akpinar
answered on May 17, 2020

Only a California attorney could advise as to state rules on this, but your post remains open for four weeks. As a general matter in any jurisdiction, it is very common to pay by credit card. It usually depends on whether the law firm accepts the form of payment, which many do these days. It is... View More

1 Answer | Asked in Uncategorized for California on
Q: How can I cancel membership
Tim Akpinar
Tim Akpinar
answered on Dec 30, 2019

Without knowing anything about what the membership agreement or circumstances involve, as a general matter, you could look to the terms of the agreement. Look at the clauses that govern termination or cancellation. Outside of the agreement, if there were any factors that you feel would undermine... View More

1 Answer | Asked in Uncategorized for California on
Q: How can I find out why cops showed up at my brothers job asking if he knew where I was at?

I know I have an active arrest warrant out for me for a domestic violence charge I plead guilty to but didn't do my requirements

I know my bail is set at 50000

William Jaksa
William Jaksa
answered on Nov 7, 2019

Police are simply doing their job and conducting an investigation. They are allowed to ask family members about your whereabouts. I think its unfortunate that decided to attend your brother's workplace, it shows either bad judgment or deliberate desire to put pressure on you by embarassing... View More

2 Answers | Asked in Uncategorized for California on
Q: Whats the best advice you would give to a high school student wanting to proceed into the field of law? (C.O or Lawyer)

I am contemplating between going to law school and become a lawyer or being a Correctional Officer.

Tammy L. Wincott
Tammy L. Wincott
answered on Nov 1, 2019

Those are very different fields. I suggest you speak with your career counselor. If you do not have one, reach out to local lawyers or the local lawyer bar association to see if they have mentor programs for highschool students. You can do the same for the field of correctional officer.... View More

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1 Answer | Asked in Uncategorized for California on
Q: Can a vehicle be towed from a street without notice or attempt to contact owner?

I just purchased a used vehicle and I had my vehicle towed to my friends house to do some work on it to get it ready to smog and get registered. My friend called me to let me know the parking maid and tow truck were there and towing vehicle. I did not and have not heard from nor been warned about... View More

William Jaksa
William Jaksa
answered on Oct 14, 2019

Yes. Cities maintain the right to keep their street clear as they see fit.

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