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COVID-19 California Questions & Answers
1 Answer | Asked in Family Law for California on
Q: Regarding refuses visitation and missed visit What should I do?

i (mother) have the primary custody my ex-bf lives in Las Vegas and he has every first weekend of each month in Las Vegas and visitation in LA every 3rd and 5th weekend of each month plus equally sharing vacations, holidays etc in Las Vegas/LA Written in our court order.I always drop off our Son in... View More

Shawna Murray
Shawna Murray
answered on Jul 31, 2020

If you would like to change a child custody order, you will need to file a Request for Order on Forms FL-300 & FL-311 plus you must a detailed declaration that can be prepared on Form MC-031. I advise you to consult with an attorney, but if you cannot afford to do that, you should ask if your... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for California on
Q: I am at high-risk COVID can landlord force entry into my apartment where I am sheltering in place as retaliation?

I exercised my rights for COVID rental relief (deferral) and in retaliation my landlord is harassing me and trying to gain entry into apartment where I am sheltering in place. His excuse is that if I won't pay rent he will sell apartment and needs to come and do an inspection and take photos... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 31, 2020

I suggest that you call the police when he comes. This is a violation of your rights as a tenant, and potentially can be a defense to an eviction proceeding or a claim in Small Claims for invasion of privacy, and denial of your right to quiet enjoyment of the premises.

Justia disclaimers...
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2 Answers | Asked in Employment Law for California on
Q: Was I wrongfully terminated?

I scheduled PTO for one week of vacation. My employer asked that I complete a COVID test upon my return to be allowed to return to work or quarantine. The day before leaving for my trip, my employer changed his mind, and told me that regardless of a test or symptoms (or negative results) I would be... View More

Neil Pedersen
Neil Pedersen
answered on Jul 30, 2020

I am sorry you lost your job. Far more would need to be known about this situation. In California you are considered to be employed at will unless you have an agreement to the contrary about that status with the employer. As an at will employee you can be terminated at any time and for any... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can I sue a grocery store for harassment and discrimination for not wearing a mask?

I, and a friend, were harassed and discriminated against by two employees for not wearing a mask while shopping at a local grocery store. I can't afford to hire an attorney, so I'll have to go pro per. Are there any cases for a similar lawsuit? Thanks.

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

The law, in the form of Executive Orders by the California Governor, makes it UNLAWFUL for you to refuse to wear a mask when going in public or into grocery stores. So you want to sue the store because they did not want you to break the law in the store.

Well, Sorry to tell you, they...
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1 Answer | Asked in Employment Law for California on
Q: Can I apply for UI benefits in CA if removed from position while on medical leave then took voluntary separation package

I went on an approved company medical leave of absence in 2019. I exhausted FMLA and 6 months into my leave I was removed from my position. I was told due to my continued time out of the office and the criticality of my role they would need to fill my position to meet the demands of the operation.... View More

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

You can always APPLY for benefits, so long as you do not make any false statements on your application there should not be any negative for you. We cannot really predict what action the EDD is going to take with your application, but usually the worst that can happen is that you are denied, in... View More

1 Answer | Asked in Contracts, Business Law and Employment Law for California on
Q: Can a sales organization change a commission plan after the time period for that plan has passed?

I work in sales. We had a commission and payment plan we all agreed to for Q2 (April-June). The month after they changed the commission plan because "too many people were doing poorly" however I was doing very well and now they have taken away everything I did in Q2 during COVID after... View More

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

I had a case like this several years ago, but in that case, it was changed because the salesmen did so WELL! Sometimes these plans contain language saying that they can be unilaterally changed/discontinued at any time. That may not be an enforceable term of the contract. If you were paid the... View More

2 Answers | Asked in Employment Law for California on
Q: Can an employer legally black list you from obtaining employment without valid reasons ?

I have assumed that I was being black listed from apply to Amazon warehouse facilities . I was scheduled to begin working back in May and because of pandemic I missed my start day. I was reassured it wasn't a problem by their Reps. I week later l received a termination letter stating that I... View More

Neil Pedersen
Neil Pedersen
answered on Jul 29, 2020

Yes. An employer can determine to never again consider you for employment unless the reason for that action is your participation in some form of legally protected conduct. For example, legally protected conduct is conduct that the law specifically says you have a right to do, such as filing a... View More

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2 Answers | Asked in Antitrust, Business Formation, Business Law and Employment Discrimination for California on
Q: Is it legal in CA to start a business that is competitive with a former employer?
Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2020

It depends on whether you signed any trade secret agreements in your former employment. They could use that to claim you were using confidential information to contact your former clients, whether it is true or not. There is no legal prohibition against competing against a former employer using... View More

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3 Answers | Asked in Landlord - Tenant for California on
Q: Is a landlord allowed to give only 10 days notice? No renters agreement or lease.

I recently moved into a room. I moved in on the 6th of June. The owner of the house is 57 year old male. I am a 23 year old male. I had a stomach bug a few days ago and vomited 1 time. He told me I had to get a coronavirus test or he was giving me a 10 day notice. I went and got tested and was... View More

Manuel Alzamora Juarez
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answered on Jul 28, 2020

First, Check your county’s Covid Rent Ordinance on Rents. I believe your LL May be violating this Ordinance. At any rate, he will not be able to file a lawsuit until the ordinance is revoked. Just pay your rent and keep all notices and messages, you may be able to sue him later for violating... View More

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1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Can I sue my roommate for half the rent?

My roommate was awarded a subsidy by our city due to COVID 19 that would pay $1000 on the household's behalf. That would still leave $895 to be owed to the landlord. I filled out an application as well, but was told that the house hold should only submit one application as the awarded money is... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 27, 2020

Difficult to tell from your facts. Is the roommate paying the entire $1000, or something less. A "subsidy" is money that is received to assist in the payment of a debt, it does not replace the debt. If your roommate's debt obligation is $1895, then she needs to pay that, but you... View More

1 Answer | Asked in Consumer Law for California on
Q: if I havent paid my rent for 3 months and I still havent been able to pay will that be marked on my credit?

Hi I’ am a resident in San Ramon California leasing an apartment. Me and my roommates were hit really hard by the pandemic. We have been laid off by our jobs and we havent been able to pay the partial amount of are rent for 3 months and my question was will this go on my credit if I was not able... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jul 27, 2020

IF whoever you pay rent to is a "credit reporter" then yes.

IF you end up getting evicted in a court of law, then yes.

IF you can work it out with your LL, then no.

Good luck with it.

1 Answer | Asked in Landlord - Tenant for California on
Q: My ex-housemate is dying of COVID and all the utilities are in his name. Should I transfer as soon as possible?

The daughter of my ex-housemate wants the transfer into my name by Monday and the landlord is not willing to put the bills in their name (probably because I have claimed Civil Code 1511 --https://codes.findlaw.com/ca/civil-code/civ-sect-1511.html and am not paying them rent for legal reason due to... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 27, 2020

Sorry about the medical condition of housemate. You have a lot of issues with respect to these utilities. From your question, I assume you are still living on the premises where the ex-housemate lived. There is no such thing as "legal code 1511" so it is difficult to follow you. I... View More

2 Answers | Asked in Business Law, Civil Rights and Constitutional Law for California on
Q: Can a customer with a disability enter a store in Orange County CA without a mask?

The store has a face requirement sign outside, provides curbside pick up at no extra cost and delivery via instacart, and allows scarfs/face shields or thin cloth like scarfs.

Also, would not allowing entry (however still offering service through curbside pickup or delivery) be considered... View More

Louis George Fazzi
Louis George Fazzi
answered on Jul 25, 2020

The store can require you to wear a mask if you want to shop inside the store. It is a state requirement that everyone must wear a mask if you want to go inside any store which remains open for business in California. Last I checked, Orange County was still part of California. The governor has... View More

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1 Answer | Asked in Employment Law for California on
Q: After 5 months of being on furlough i was randomly and without reason terminated today. Is this legal? Im in California

Back in March at the beginning of the shelter in place me and everybody at the restaurant i work at were furloughed. Just recently our restaurant reopened for patio service only but i was not one of the employees selected to come back. Last week my boss sent out a message on hotschedules (a 3rd... View More

Neil Pedersen
Neil Pedersen
answered on Jul 25, 2020

I am very sorry but there is nothing unlawful about an employer not returning an employee to work because they acted too slowly in responding to the call to return. Your employer had no duty to return you to work at all. And when it is time to return people to work, it can make up any... View More

1 Answer | Asked in Family Law for California on
Q: So I wanna either get emancipation from my mom and let another family memeber take care of me how do I make it happen

Also that would mean the family memeber would be my new guardian but what if my mom doesnt agree but you really want seperation also im a minor

Shawna Murray
Shawna Murray
answered on Jul 25, 2020

First, I strongly encourage you to contact an attorney in your area to discuss representing you and to help you decide which route to take - emancipation or guardianship.

Second, if you want to get away from your parents because they are abusive, you can call 2-1-1 in California to get...
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1 Answer | Asked in Education Law for California on
Q: Can I do anything about my school not refunding or not providing services

Hi, I’m just wondering recently I’ve been going to a technical school and we had to complete certain things in the class to get our certification but since covid happend the school was forced to close and we weren’t able too, and when I had talked to the counselor about it even though I was... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 23, 2020

Read your contract. Take it to an attorney specializing in Education Law or Business Law and have him review it as to your rights. If you are not satisfied, file in Small Claims Court. This is essentially a breach of contract, you may be able to get your money back, it depends what the contract... View More

1 Answer | Asked in Consumer Law and Education Law for California on
Q: Can I request a refund from a school that closed since March due to pandemic?

Private school won't give me refund for my child's language class due to closure since March. They switched to online class, but the teacher didn't contact us prior so we couldn't attend online class, even if we can I don't feel as if the teacher was capable of teaching... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 23, 2020

Make sure you have put your request for a refund in writing, which will be evidence. File in Small Claims (up to $10,000) and take your case before a judge. There are a lot of posts on this question, and no sure answer. Be sure to review your contract with the school.

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1 Answer | Asked in Landlord - Tenant for California on
Q: I pay $200/mo. + 5 hrs/work trade each month. My landlord wants to raise my rent to $700/mo. What rights do I have?
Maurice Mandel II
Maurice Mandel II
answered on Jul 21, 2020

Sorry to hear you are having housing issues at this time. You might check the latest rules for your county regarding eviction s during Corona virus times. The Governor has issued some orders and your county Board has probably passed ordinances regarding LL's ability to evict. Continue... View More

1 Answer | Asked in Employment Law for California on
Q: in the state of california can I collect unemployment benefits while I work for Uber as a driver?
Neil Pedersen
Neil Pedersen
answered on Jul 21, 2020

The answer to your question depends on how much you are making as a driver. If you make less than the minimum earnings allowed to get benefits then you would qualify. While before the Covid crisis independent contractors did not qualify for UI benefits, the qualifications changed in March/April... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My new landlord has threatened me with eviction

I've lived in this rent control 4-plex for over 17 years, new LL made it clear she wants me out, told me she wants to evict me. I pay at least $600 less per mo than other tenants. Recently LL installed cameras w/audio, she has stated are for me, not for trespassers. My windows have no... View More

Manuel Alzamora Juarez
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answered on Jul 20, 2020

check the latest rules for your county regarding eviction s during Corona virus times. The Governor has sopken about this issue but your county Board has surely passed ordinance regarding LL's ability to pursue evictions. I do not believe tyhey can evicxt you during this time. Continue... View More

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