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COVID-19 California Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Health Care Law for California on
Q: Can Walmart deny entry to buy masks if u previously don’t own one? Especially in the times of this pandemic
Louis George Fazzi
Louis George Fazzi
answered on Jul 20, 2020

Sounds like a real Catch 22 doesn't it? You go in to buy a mask because you don't have one, but they won't let you in because you don't have a mask on.

It seems to me that before they can refuse entry due to lack of a mask, they must first offer you one to wear while you...
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1 Answer | Asked in Employment Law for California on
Q: Can my employer force me to take a facial recognition skan and take my temperature?

My employer is forcing me to take a facial recognition scan and take my temperature every morning at work. Is this legal? If I refuse I will be sent home without pay. What recourse do I have if any?

Maurice Mandel II
Maurice Mandel II
answered on Jul 19, 2020

Employers are entitled to impose reasonable security conditions on the employees, so IMO, yes, your employer can impose facial recognition and a temperature scan. Your recourse is to quit and go work somewhere else, or submit to the security requirements.

We are dealing with a deadly...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can my landlords family get involved in terminating lease agreement, and make decisions without his consent or wishes

Family is trying to evict my 5 yr old son & I, landlord doesn't want us to move buy he just came out of hospital & is receiving live in caregiver he is some days not remembering what happened earlier or yesterday , but he does remember b4 he went to hospital, he's gave a eviction... View More

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

Sorry to hear you have these problems. You have a lot of issues, primarily is proof that the notice was retracted, since your LL won't help. If family has an actual Power of Attorney for everything or for financial affairs, they can act for the LL, but if it is just a medical power of... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: My ex quit his job, long term spousal support in Ca has stopped. How do I get money owed?

Support was court ordered indefinitely for 27 year marriage. His employer would issue mandatory check to me when he got paid. He no longer works there. Do I have to petition the courts?

Chris M. Bradford
Chris M. Bradford
answered on Jul 16, 2020

The meter keeps on running on spousal support until the judge changes the order. Even though you are not getting paid, the meter is still running and he is beginning to owe you what are called "arrearrages." If his income has dropped he can ask the court to lower or stop his support... View More

1 Answer | Asked in Foreclosure for California on
Q: the property has not been sold as of yet due to covid -19. However I have been told by a property rental agent that

it will be sold possibility within the next month or two. My question is, should I pay until it forecloses or give my notice to move.

Maurice Mandel II
Maurice Mandel II
answered on Jul 16, 2020

If you are not comfortable with the situation, give notice, and move. 30 days is pretty standard. Tell LL to take last month out of the security deposit. Ask for a Pre-move out inspection by LL to go over what repairs he believes are needed. BTW- you are absolutely entitled to have the LL give... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my boss refuse to let me work from home to balance caretaking for a sick parent and also being aware of the pandemic

I have been working for a company w/ 2 employees for 10 months part-time. This company was considered an essential business during quarantine, so even though my boss told me to come in to work during March-June, I requested to work from home. I got an OK eventually, though afterwards I learned she... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 16, 2020

The first problem is that the protections against discrimination fall upon employers of 5 or more people. Otherwise you may be covered by the CFRA- Cal. Family Rights Act- google it. Even if you are not subject to the specific benefits of the act, your employer cannot discriminate against you if... View More

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2 Answers | Asked in Employment Law for California on
Q: Can my employer promote from within to fill my position while I am furloughed due to the Covid 19 pandemic?

I was furloughed on March 23rd and have not been called back to work but on June 16th I was informed by coworkers that another employee had been promoted into my position. The COO of my company told me that my employment status had not changed and that I would be updated on July 15th but have not... View More

Neil Pedersen
Neil Pedersen
answered on Jul 16, 2020

Unless you can prove that you are experiencing an adverse employment action because you are in a protected class of people, such as race, religion, etc., then there is nothing unlawful about your employer promoting someone into your old position.

Most people do not understand that when you...
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1 Answer | Asked in Foreclosure for California on
Q: the landlord has not made payments for 8 months, so the house is in pre foreclosure status. The property was due to be

sold on 6/18/20. I the renter is still paying rent. Do I have to continue to pay rent?

Maurice Mandel II
Maurice Mandel II
answered on Jul 16, 2020

Under normal circumstances your payment of rent is not dependent on the Owner paying the mortgage, which is unfortunate because if the LL does not pay the mtg. the house is foreclosed and you are evicted by the bank. I have never heard of a bank letting a renter stay and pay the rent to the bank,... View More

3 Answers | Asked in Estate Planning for California on
Q: if a will says to split the assets but the asset is in another sibling name, does she have to honer the will?

the asset is a home that is now in my sisters name.

Chris M. Bradford
Chris M. Bradford
answered on Jul 15, 2020

If the deed is in two names, the person who died and your sister, then the home probably is now 100% your sister's. She must get the old deed transferred into her own name exclusively. To do this right she should have an attorney. It is not expensive. The first deed should be checked by an... View More

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2 Answers | Asked in Probate for California on
Q: lived unwed with SO for 30+ yrs. He passed no will, daughter wants to claim everything. She have rights to items in home

There was a restraining order against the daughter 6 years ago but I’m not sure if it’s still in place, we didn’t renew it. She wants to take everything in our home and says everything is hers. My name is not on the house title.

Chris M. Bradford
Chris M. Bradford
answered on Jul 15, 2020

First, the restraining order has no effect on division of items after death.

Secondly, who gets what, when there is no will, is broken down into two major categories.

The first category is items which have ownership papers of some kind. For example a house has a deed, which is an...
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1 Answer | Asked in Estate Planning and Probate for California on
Q: My rights oldest daughter only one father passed what are my rights owns house in Walnut Creek calif
Chris M. Bradford
Chris M. Bradford
answered on Jul 15, 2020

I am sorry for your loss. It is unclear who passed away. It sounds like the father of your oldest daughter passed away. Is that correct? There are three main ways to collect assets from someone who passed away: First the person wrote will or trust and left you a gift. You have to read the... View More

1 Answer | Asked in Child Support for California on
Q: Where do I go to get help filling out a child support response if the help centers are closed?

What happens if I don’t get help

Filling out the response before court? I have court in about a week and still haven’t responded. I was served back in February but because of the pandemic it’s been pushed until next week. The petitioner submitted pay stubs for December of 2019 and... View More

Chris M. Bradford
Chris M. Bradford
answered on Jul 15, 2020

Call the Self-Help Centers. Many are answering questions and helping people fill out forms on the phone, even though their offices are closed. If you haven't filled out your papers before the court date, be sure to go to the court hearing and ask the judge for more time, explaining why you... View More

4 Answers | Asked in Estate Planning for California on
Q: My brother lives with my elderly mother. She would like a letter stating he has to vacate the house in a certain time.

This would be after her passing.

Chris M. Bradford
Chris M. Bradford
answered on Jul 14, 2020

Your mother needs to write a will and a trust. In the trust she can state who is in charge of her estate. Maybe you? She can also give instructions to have the house sold and divided up among her children, if that is what she wants. Or she can give the proceeds to whomever she wants. She would... View More

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2 Answers | Asked in Social Security and Health Care Law for California on
Q: Is it Too late to Fix my Disability claim?

About a 2 years ago i was diagnosed with Lymphoma and applied for disability and hired a lawyer, due to an issue it got delayed about a year till this march/april. at the time from the way things were going i had assumed i would be right as rain and back to normal within a month from what the test... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Jul 14, 2020

When you state that you "applied for disability," was that for State Disability Insurance, "SDI", or Social Security Disability Insurance "SSDI", or for Supplemental Security Income "SSI"?

If you are taking about SSDI, then you must have 40 units of...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: Hello i want to know what rights do i have over my domestic partners child? I have not adopted her,.
Chris M. Bradford
Chris M. Bradford
answered on Jul 14, 2020

What do you mean by "rights over" the child? The right to discipline the child? Answer: No, because you are not the parent or guardian. The right to make decisions about the child's health, education or welfare, such as residence, school, doctor, have an operation? Answer: No,... View More

1 Answer | Asked in Employment Law for California on
Q: Is it true if a company take the paycheck protection program loan n under the Cares act and keep the same workforce ?

Is it true if a company take the paycheck protection program loan under the Cares act and keep the same workforce or salary levels the company qualify for loan forgiveness? So this means my job can't fire me or they will have to pay the loan back

Neil Pedersen
Neil Pedersen
answered on Jul 13, 2020

An employer does not have to keep the same workforce it had before it gets a PPP loan. If it fails to maintain at least 75% of the number of employees employed in the pre-COVID workforce, it will have its forgiveness reduced, but the company is not disqualified altogether unless the number of... View More

1 Answer | Asked in Traffic Tickets for California on
Q: I am currently writing a motion to dismiss due to violation of speedy trial rights. Are there notable cases I can cite?

I am currently fighting a traffic ticket and the court arraigned me after a trial by written declaration on May eighth and the court has set my trial on August 23rd. I tried to look for important California Supreme Court Decisions but could not find any. Anything helps.

Thanks.

Maurice Mandel II
Maurice Mandel II
answered on Jul 13, 2020

You should look to the Orange County Superior Court website for the COVID 19 orders that were issued suspending the California "speedy trial act", before you spend a lot of time on this. The presiding judge issued these orders on authority from Orders from the Cal. Supreme Court. They... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: We have been subleasing a room to someone in Long Beach CA for 2 years. Can we serve them a 60 day notice during covid

We have been leasing to them for two years and it just has not worked out. We want to take possession of the room for ourselves but they are claiming that due to covid restrictions they cannot work therefore cannot save a first and last months rent for a new place. Can we still serve them a 60 day... View More

John Francis Nicholson
John Francis Nicholson
answered on Jul 12, 2020

If your tenant, and or additional tenants subject your property to Long Beach rent control then you may be subject to paying a relocation expense. However, with the moratorium on evictions for residential convictions in California that does not prevent you from serving a 3-day notice to pay rent... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: My landlord has given a 30 day written notice of termination of agreement. No reason stated . I feel she has harassed me

Defamation, called other tenants work when asked not to . Spread lies to other neighbors. I’ve filed a police report for harassment. Should I take my eviction to court and how do I know I have a good case before goin to court

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2020

Many counties in California currently have local laws in place to protect tenants from eviction when they have problems related to COVID. No facts indicating you have such problems are offered, but they may exist and you are not thinking about them. A LL can terminate a tenancy of less than a... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: How do I Refile my case?

I had a paralegal tape up my documents and file them with the court I had continuing court dates a.k.a. COVID-19 my last one was over the phone I was not able to attend in time so I missed it therefore I need to re-file my case how do I do that I can no longer afford to hire another paralegal.

Chris M. Bradford
Chris M. Bradford
answered on Jul 11, 2020

Here is my suggestion: Your paralegal should have given you an extra copy of the papers which were filed. If not, go back to the paralegal and ask for one. You already paid for it. Also ask the paralegal for a copy of the document on the thumb drive in case you need to print new copies... View More

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