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California Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for California on
Q: How can my husband take ownership of the property his parents left behind who are both deceased and no will

We live in California now but this property is in the state of New Mexico

Maurice Mandel II
Maurice Mandel II
answered on Oct 29, 2020

Might I suggest that you repost this for New Mexico under "probate" and "estate planning" so you get a response from some attorneys there. It must be done under New Mexico law since there is no will to probate here.

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1 Answer | Asked in Uncategorized for California on
Q: Just want to see if an agreement is void

Signed an agreement I don’t think is valid

Maurice Mandel II
Maurice Mandel II
answered on Oct 26, 2020

You are requesting a legal opinion on a particular contract's validity. First, no one can do that without seeing the document. Second, this is not a free consultation, but depending on how big the contract or complex it is, this should not cost too much. Third, you need to take this to an... View More

1 Answer | Asked in Uncategorized for California on
Q: What does it mean when the judge asks if you want to waive notice at a CMC?
Maurice Mandel II
Maurice Mandel II
answered on Oct 16, 2020

You have a right to have written notice of rulings the Court makes. At a CMC the court usually sets a trial date and a date for an MSC. By waiving notice you agree that you were told at the hearing and do not need written notice. If you don't waive notice the Judge may order you to give it.... View More

1 Answer | Asked in Uncategorized for California on
Q: I had solar panels installed 7 years ago. Leased for 20 years. Just found out they crossed wires and set up wrong.

have been over paying SCE for 7 years now because of this. They want to come fix after January 2021 yet i still need to make my lease payments on the 1st of every month for something that doesn't work. Have been trying to work with them but the supervisor i am working with does not return... View More

Maurice Mandel II
Maurice Mandel II
answered on Oct 14, 2020

First you need to get the electrical problem fixed. You can hire your own electrician and he will need to provide you a letter stating what he found and how it affected your electrical bill. Then, if under $10,000.00 you can sue the installing company in Small Claims. Particularly since the... View More

1 Answer | Asked in Uncategorized for California on
Q: What are the elements of an actionable claim in California?
Maurice Mandel II
Maurice Mandel II
answered on Oct 9, 2020

Liability and damages. The practical aspect of an actionable claims includes a Defendant that is solvent enough to respond with payment of any awarded damages, or has insurance coverage.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Uncategorized for California on
Q: My lease is about to come up and I am behind one month on rent. Can I get kicked out
Maurice Mandel II
Maurice Mandel II
answered on Oct 8, 2020

Hmm, let me check my crystal ball to see what the LL is planning to do, NOPE, too cloudy. So, Maybe. Have you made any partial payments? Have you received a notice to quit? If you are behind, you need to discuss with LL and see what you can do to renew your lease.

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1 Answer | Asked in Uncategorized for California on
Q: My name is Daryl my question is .. Is a boat a r.v

I live in a senior citizen mobile home park for over 10 years for the last six years I've had my boat part in my driveway under the awning and now the new owners who just bought the part say I can't have a recreational vehicle. My boat is a 19 foot bayliner that I use all year long

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

What a great question. Seems obvious, unless of course, you are the owners of a Mobile Home park, and you want to force your will on the occupants. So, the Vehicle Code defines "Vehicle" (of course) as: 670. A “vehicle” is a device by which any person or property may be propelled,... View More

1 Answer | Asked in Uncategorized for California on
Q: Is it legal for a son to film make adult DVDs of his mother while in her home.?

Also if she throws away old naked pictures of herself and vhs tapes in the trash can anyone claim them?

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

To answer your 2 questions directly, it depends on the ages of the people, and trash is considered abandoned. The bigger question here is why is mom allowing herself to have adult movies taken of her by her son, or is he doing this without her knowledge? Something else is going on here that needs... View More

1 Answer | Asked in Uncategorized for California on
Q: Can person A be sued by person B if person A screen shots a persons Instagram profile and sent it to people to ask Q’s?

Person A sent messages to people on person Bs Instagram with the screen shot of his profile and a question regarding if he has offered to buy them a house? Person B found out and is trying to sue Person A, can he do that? He claims I damaged and harassed him by putting his profile that was on... View More

Maurice Mandel II
Maurice Mandel II
answered on Oct 2, 2020

A wise Texas judge posted on Justia: "You can sue a Ham sandwich." It does not mean that you will win. If he is doing this you may have the right to get his case dismissed by filing what is called a SLAPP motion, because what you did was an exercise of your first amendment rights. If... View More

1 Answer | Asked in Uncategorized for California on
Q: what are the rules for moving a civil case from state court to federal court.
Maurice Mandel II
Maurice Mandel II
answered on Oct 1, 2020

This is called "Removal" and you have 30 days to file for removal to Federal Court. The rules are found in the Federal Rules of Civil Procedure; and there will be local rules in the District Court to which you are seeking Removal. This forum is not supposed to provide you with a course... View More

1 Answer | Asked in Uncategorized for California on
Q: If you want to become a lawyer can you go to community college & then transfer to a university & then go to law school?

Basically, can you go to community college to become a lawyer? Like do two years of community college, then transfer to a university and do two years there and then go to law school for 3 years since it'll be 7 years in total?

Maurice Mandel II
Maurice Mandel II
answered on Oct 1, 2020

Sounds like a good plan to me. Not all law schools require that you have a Bachelor degree in order to attend. I would take some courses in CC in their Paralegal/ Legal assistant program, particularly Legal research. But to your first question: "can you go to community college to become a... View More

1 Answer | Asked in Uncategorized for California on
Q: Do I need a license to practice law?
Maurice Mandel II
Maurice Mandel II
answered on Oct 1, 2020

Only if you want to practice law, LEGALLY. You have to do a course of study (usually law school) then pass a 3 day exam called the Bar exam. (interesting term the "Bar" look up its origin in old English law- nothing to do with cocktails). Once you pass the Bar exam, you can be sworn in... View More

1 Answer | Asked in Uncategorized for California on
Q: How do i go about suing a person I bought a cat from but I never received the car
Maurice Mandel II
Maurice Mandel II
answered on Sep 16, 2020

Well, was it a cat or a car? Could be important evidence impacting your credibility, if you cannot tell the difference. Go to the Los Angeles County Superior Court website and look up the small claims rules.

Justia Disclaimers below, incorporated herein.

1 Answer | Asked in Uncategorized for California on
Q: Broken verbal greement with (home seller), a relative and home buyer

We bought a house that needs a lot of TLC from (seller) relative with both sides agreeing to increase loan value for repairs and expenses of seller (for exterior paint done and unfinished kitchen upgrade) We believed the seller will keep the agreement because seller is a family. However, after... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 14, 2020

First, you listed this in "uncategorized." If you want attorneys to review this in their specialty area, you need to list properly under "real property." Next, your verbal agreement is worth the paper it is written on, particularly with respect to a real property transfer.... View More

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?

Justia disclaimers below, incorporated herein.

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

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