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California Uncategorized Questions & Answers
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: 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: 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: 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: 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: 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: 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.

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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: 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: 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: 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: 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: Can a company hire me then do a background check while im working for them then fire me because of criminal background?

Hence my criminal background has DUI nothing to do for the position I was initially hired for. didn't consider the The Fair Chance Act nor gave me a reason just laid me off

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2020

A California attorney could advise best, but your question remains open for three weeks. You could try reposting in the Employment Law category. There's no guarantee all posts are picked up, but you might have better chances of meaningful input there. Good luck

Tim Akpinar

1 Answer | Asked in Uncategorized for California on
Q: Can I break my lease due to noisy upstairs neighbor? Made multiple complaints and they still don’t care.

Been living in the apartment for 3 months and it’s been hell, all day and night constant stomping and things moving. Made multiple complaints to management but neighbors do not care about the complaints and they continue. I have recordings of how loud the thumping, and movements are. I have... View More

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2020

A California attorney could advise best, but your post remains open for three weeks. If you wanted to try reposting, you could add Landlord-Tenant as a category. There's no guarantee all posts are picked up, but attorneys in that category would have the most insight into this type of matter.... View More

1 Answer | Asked in Uncategorized for California on
Q: As a resident of an extended stay hotel can a movie production company request that you leave
Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2020

Your rights are in the Civil Code, look at sections around 1942. There are sections about residential hotels.

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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.

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: 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: what shall I do about unclaimed property?

I was a member of a San Diego Metropolitan Credit Union(one was located on Naval Base S.D.) however, they were bought out by Wheelhouse Credit Union and they have no records of the cashier's check but the State does. Currently living in my home of record of Tenn.

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2020

A California attorney could advise best, but your post remains open for two weeks. Most states have resources where people can search for their unclaimed funds online. Do a search for "unclaimed funds California." The search results should include official sites such as the State... View More

1 Answer | Asked in Uncategorized for California on
Q: What should the distance be for a vent pipe on a septic tank from my front door of my trailer?

The septic tank in fenced in but 3' from my door, & the ground is imploding very deep, Is this normal?

Maurice Mandel II
Maurice Mandel II
answered on Nov 17, 2020

Yes, this is a web site where Attorneys respond to questions and Attorneys are known for dealing with other people's poo poo, but that still does not make us plumbers or contractors. You need to ask this question of a plumber or septic tank specialist.

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