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COVID-19 Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: Past Due Rent Forgiveness In Return for Voluntary Termination of Tenancy

My tenant has not paid rent for 3 months. Rent is $2356 and due on the 1st of each month. Total rent past due is $7068. One of the rent non-payment months is claimed by tenant as being due to COVID-19 related hardship. The property is in Los Angeles County and is subject to the Rent Stabilization... View More

James L. Arrasmith
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answered on Nov 25, 2023

Under California law, negotiating with a tenant for voluntary termination of tenancy in exchange for rent forgiveness is typically legal, provided it's done in good faith and without coercion. Your proposal to forgive some of the back rent in exchange for the tenant vacating the property is a... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: So i was evicted default judgment 3/30/23 I received gov rent relief COVID-19 assistance

The Article stated that if a landlord received gov assistance during covid 19 cannot evict you for non payment ? If that's true what to do. I've already been evicted and I'm being blackballed by defendants attorney as they attempt to cover up bed bugs

James L. Arrasmith
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answered on Nov 24, 2023

Under California law, there were indeed protections for tenants during the COVID-19 pandemic, particularly regarding evictions for non-payment of rent if the landlord received government assistance. However, these protections have specific conditions and timelines that must be met.

Since...
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2 Answers | Asked in Family Law, Child Custody and Health Care Law for New York on
Q: Is it illegal a child's mom forces the father to take the child while COVID positive and also his gf is too.

She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?

T. Augustus Claus
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answered on Nov 22, 2023

if the child is exposed to COVID and becomes sick, the parent who forced the child to take the child could be held liable for the child's medical expenses. Additionally, if the child is exposed to COVID and then infects other people, the parent who forced the child to take the child could be... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: Can I sue a hospital for refusal of medical care based on discrimination of my homelessness and substance use history?

I went to the hospital that diagnosed me and has my MRI results because that's where I received referrals to spinal surgery and orthopedic surgery. They refused to treat me because I have a substance abuse history and am homeless. A doctor at the hospital revealed to me that they were not... View More

James L. Arrasmith
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answered on Nov 11, 2023

Under California law, you may have grounds to sue a hospital if you can prove that they refused medical care based on discrimination against your homelessness or substance use history. This could potentially violate both state and federal laws, including the Emergency Medical Treatment and Active... View More

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for California on
Q: If I was denied writ of possession due to court absence from having covid can sheriff lock me out without prior notice.?

I have resided at apt since Dec 2021 the leasee passed away March 30,2022 I have resided there since then until yesterday when I was locked out. The sheriff did not show paperwork when I was locked out

James L. Arrasmith
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answered on Nov 3, 2023

In California, if you were absent from court due to illness like COVID-19 and a writ of possession was denied or delayed, it's critical to inform the court immediately of your situation. California law generally requires that a tenant be given notice before a sheriff executes a lockout. If the... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: If I was denied writ of possession due to court absence from having covid can sheriff lock me out without prior notice.?

I have resided at apt since Dec 2021 the leasee passed away March 30,2022 I have resided there since then until yesterday when I was locked out. The sheriff did not show paperwork when I was locked out

T. Augustus Claus
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answered on Nov 1, 2023

If you were denied a writ of possession due to court absence from having COVID, the sheriff should not be able to lock you out without prior notice. A writ of possession is a court order that gives the landlord the right to physically remove the tenant from the property. If you were denied a writ... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can I sue for being placed on unpaid leave for not complying with a mask mandate?

I was placed on unpaid leave in 2020 for not complying with a mask mandate, I was forced to resign and find a new job. I am looking to see if I have any standing for a case.

T. Augustus Claus
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answered on Oct 11, 2023

In New Jersey, employers have the authority to enforce workplace safety measures, including mask mandates, especially during the COVID-19 pandemic to ensure a safe working environment. If you didn't comply with the mandate, the employer might have been within their rights to place you on... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I require my landord to wear a COVID mask if they want to enter my apartment?

I live in the Richmond district of San Francisco (area code 94118).

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, landlords have the right to enter a rental unit for specific reasons, such as repairs or inspections. However, during the COVID-19 pandemic, it's reasonable to request that anyone entering your apartment, including your landlord, wear a mask to ensure everyone's... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: Can I require my landord to wear a COVID mask if they want to enter my apartment?
John Michael Frick
John Michael Frick
answered on Sep 27, 2023

Unless your lease gives you that right, which would be very unusual, probably not. Your lease most likely gives your landlord the right to enter your apartment with reasonable notice for various legitimate reasons.

Without solid evidence your landlord has an active case of COVID-19 or...
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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: If my case was closed, five years ago, can my daughters mother reopen it in charge me five years worth of in arrears

The mother and I made a verbal agreement about paying support plus other things. She found out I was in a relationship and my case was reopened. because I wasn’t paying the full amount of child support which is why we stop the child support in the first place due to the way I work by the job and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 27, 2023

Closing a child support case doesn’t stop the child support. Closing the case stops child support enforcement of the order. Also, when she agreed to a lesser amount, that didn’t change the courts order. So anything less than the order you weren’t paying she could ask the court to order... View More

3 Answers | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for California on
Q: The County of Los Angeles mandated their employees to be vaccinated during Covid, but never enforced the policy.

Do those of us who were vaccinated due to fear of termination have grounds for a lawsuit against the County of Los Angeles?

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2023

The County had the legal right to have such a requirement, so there is nothing unlawful about requiring you to get the vaccination. The fact that the employer did not enforce its own rule is not something you can sue about. And you have not indicated that you have suffered any legally... View More

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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: My boyfriend is in jail in San Francisco he has serious health issues and more than half of the other inmates in his

His unit have covid and if he gets sick he can die

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear about this difficult situation. It would be prudent for your boyfriend to communicate his health concerns to the jail's medical staff immediately and request to be isolated from other inmates to protect his health. Moreover, you might consider reaching out to a local... View More

2 Answers | Asked in Family Law, Immigration Law, Adoption and Child Custody for California on
Q: Can I Adopt My Goddaughter From Mexico if I Have Been Providing for her over 3 Years?

My Goddaughter lives in mexico with her parents, but they had financial problems due to Covid-19 and I have been providing everything she needs during the past few years. Her parents are willing to relenquish her custody to me, but I want to know if I could leagly adopt her and bring her to the US.

James L. Arrasmith
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answered on Aug 27, 2023

Adopting a child from another country involves both the laws of that country and U.S. federal immigration laws. If her parents willingly relinquish custody, you could initiate the international adoption process, which is governed by U.S. Citizenship and Immigration Services (USCIS). Once the... View More

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1 Answer | Asked in Tax Law and Immigration Law for California on
Q: Does Pandemic Unemployment Income Qualify to be listed as part of adjusted gross income on I-864 Part 6. Line 24.a.b.c.?

In addition to the above question: Most Recent Tax Year refers to 2022, 2nd most recent 2021, 3rd most recent 2020, correct?

James L. Arrasmith
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answered on Aug 27, 2023

For the I-864, Affidavit of Support, unemployment income, including Pandemic Unemployment Assistance (PUA), is generally considered as part of your total income and would be part of your adjusted gross income (AGI) as it's reported on your federal tax return. Therefore, it can be listed on... View More

2 Answers | Asked in Criminal Law for California on
Q: If you're arrested and post bill at a bails bondsman and no charges are filed can you get that deposit back

,, I recently was picked up to serve two days for my last court case that I had and I've already been trying to turn myself in but I was turned away multiple times at the jail because of overcrowding and covid well serving those two days I thought I was in trouble for something else so I... View More

Robert Kane
Robert Kane
answered on Aug 26, 2023

If the bondsman bailed you out, they are entitled to their fee. It doesn't matter what happens after that concerning the charges.

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2 Answers | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: I'm in Ch13, had COVID foreclosure protection, but the bank fraudulently filed & received Termination of Automatic Stay

While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More

Jonathan David Warner
Jonathan David Warner
answered on Aug 25, 2023

Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.

In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship...
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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Someone stole the intellectual property of my active business and they trademarked the name before me. Do I have a case?

I started a business with my business partner in 2019. We created a brand, a website, a logo, an email account, and social media accounts. We ran a profitable business until late 2021 (Covid) when we temporarily shut down. In the middle of all this, we created an LLC for this business.... View More

Fritz-Howard Raymond Clapp
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answered on Aug 23, 2023

The earlier use in commerce of a trademark gives it priority over a later use of the same or similar mark, even if there has been an interruption of use for some period of time. If the later-filed application has not yet been published for opposition (the last step in the registration process), the... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: I was living in a shelter and the case manager insulted me about my HIPPA and phi rights. Also contracted COVID there.

I was wearing a mask while residing at the shelter when one of the staff members told me to remove it and shortly after I contracted COVID from other Patrons at the shelter. Then they kicked me out of the shelter while I suffer from depression and anxiety causing me to mentally, physically and... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 20, 2023

Regarding the Covid issue, possibly, if it was foreseeable that you'd likely contract Covid if forced to remove your mask, and there was no rational justification to force mask removal. That may or may not be proveable. Regarding removal from the shelter, their reasons would have to be... View More

1 Answer | Asked in Divorce and Libel & Slander for Michigan on
Q: Can I file suit for defamation or slander/libel against the attorney who called me "lazy" in my divorce proceedings?

The judge warned that "lazy" was not a reason for divorce. Additionally, I have been disabled by chronic illness since childhood. This was known to my ex-husband, who had accompanied my parents to 2 major surgeries I had while we were engaged.

I've realized through therapy... View More

T. Augustus Claus
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answered on Aug 18, 2023

In Michigan, the ability to file a defamation or slander/libel lawsuit against an attorney who called you "lazy" during your divorce proceedings may be limited by legal privileges related to statements made within the context of litigation. Statements made within legal proceedings could... View More

1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for Florida on
Q: Need an attorney familiar with the appeal process in Miami Florida

Hello,

I am looking to appeal my case that was just closed yesterday 8/15/2023. I filed pro se against my former employer for disability discrimination. My claim was dismissed for failure to state a claim with prejudice. I feel that I have all the evidence needed to prove discrimination... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 16, 2023

To search for an attorney who handles appeals in Miami, FL, you can try the Find a Lawyer tab at the top of this Justia page and input "appeal" in the subject field and "Miami, FL" in the location field, or you can contact the Florida Bar Lawyer Referral Service - see... View More

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