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California Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for California on
Q: My solar company went bankrupt. My system was installed wrong snd it does not work. Never worked. Empire Solar

Loan company says I have to continue to pay for something that was never finished. I was promised 5k for purchasing system by the sales company who say they won’t pay because they didn’t get paid by Empire Solar. I’m sure there are others in same boat. I’d like to sue or do a clas action on... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

You really need to discuss with a commercial law attorney in your local area. I had a case like this years ago over an ice machine that was financed for a fish market- they use lots of ice. The bad news is that the loan company is not subject to the same defenses in collecting on the financing,... Read more »

1 Answer | Asked in Uncategorized for California on
Q: Can I sue my paid caregiver for my missing personal property

My nephew was a paid caretaker start taker starting when I went into the hospital when I got out of the hospital I moved in with him so he could help me He had told me all of my personal ipersonal items from my apartment were put away safe but every time I ask he just put me off, comma he was... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

Yes, you have been the victim of Elder Abuse, it appears, although you did not state your age. If over 65 you have additional protections at law. So, here are two problems with your case: 1. If the property you are addressing is worth under $10,000, then you are in Small Claims J/D. No... Read more »

1 Answer | Asked in Uncategorized for California on
Q: Back in February of this year my boyfriend and I got invited by his old coworkers to go to a air bnb for a weekend. We -

each paid $200. The trip is in 2 weeks but we aren’t able to go anymore due to my boyfriends dad just getting out of the hospital after having a flesh eating infection. He is not able to be alone and need 24 hours care. My boyfriend needs to stay with him to help take care of him. Once we... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

First, very sorry to hear about the dad's medical condition, it must be very stressful for you right now. The co-workers are not under an obligation to refund your money. Perhaps if you tried to appeal to them on another basis, like you really need the money due to the dad's illness, it... Read more »

1 Answer | Asked in Uncategorized for California on
Q: If I require an uninsured house painter to sign a release of liability, is it binding in California

The painter is also not licensed

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Don't do it. Painters must be licensed unless the job can be done for less than $600. Hiring one that has no license and no insurance opens you up to personal liability if he injures himself, like by falling off the ladder. You don't want to be a defendant in a lawsuit, and there is... Read more »

1 Answer | Asked in Uncategorized for California on
Q: today the company came and told us that we needed to take out all our things from storage room that they are going to

Board them up we have been living hear for 11yrs and we've had it since then

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Unless occupancy of the storage room is a part of your lease, you need to remove your property before it is disposed of by the owners. If you have a right to the storage area by your lease, then you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Uncategorized for California on
Q: Ex husband deceased, his house still has my name on it. Can I sell the house and give proceeds to his children?
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

This is a question in Probate Law. I would think that your safest course of action is to open a probate as the personal administrator for your deceased husband and obtain the proper court orders to dispose of the property by sale or deed. You should contact a local PROBATE attorney to discuss your... Read more »

1 Answer | Asked in Uncategorized for California on
Q: Last month my 2006 Nissan Murano I just bought in January caught fire, I was parked less than 20 minutes with the ac on.

My full coverage insurance isn't really helping. The repair shop said my alternator and wiring harness burnt up. Midas has replaced the belt that runs from the alternator to the ac on July 30th it 31. I have done a little research on Nissan Murano s since the fire and found that this has... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

You REALLY need to contact a "Lemon Law" attorney to find out what rights you have. Cannot tell from this description but you may have claims against Midas, the shop that sold it to you, etc.

1 Answer | Asked in Uncategorized for California on
Q: does calif auto liability ins pay for a person died in the car of accidental over dose of prescription drugs?
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Interesting question, did the OD cause an accident in which the person was killed? Normally the insurance covers injuries that occur as a result of the operation of a motor vehicle, not someone dying in the car. If you believe that the operation of the vehicle "caused" the person's... Read more »

2 Answers | Asked in Uncategorized for California on
Q: Casas en renta

Cuánto

Timothy Denison
Timothy Denison answered on Jul 20, 2021

What is your question?

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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
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... Read 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... Read 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... Read more »

Jackie Marie Howard
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... Read 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
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... Read 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
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: 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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,... Read more »

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