My mother and I have the same name. Due to COVID-19 my mother fell behind on payments, including to a leasing agency. Today I noticed the same agency took money from my account. I never shared any of my information with this company, I’ve never dealt with this company. What can I do? How did... View More 
answered on May 6, 2020
Dear consumer,
I am sorry to hear about your mother's situation, obviously she is one of many in our country who are struggling financially right now due to the wide-ranging effects of the virus.
Unless you were a co-signer on the lease, this company has no right to acquire... View More
I work at a winery in CA. I do direct-to-customer sales in a tasting room. My employment is part time, but I am paid a yearly salary. I make $35,000 a year and I am not considered a manger. Over-time never happens. Because of the pandemic, my employer has mentioned switching me from salary to an... View More
answered on May 6, 2020
Under the FLSA, the general rule is that every employee can be paid on an hourly basis, but NOT every employee can be paid on a salary basis. Your employer may switch you from salary to hourly, and they can choose your hourly rate (as long as that hourly rate does not fall below California's... View More
I filled out a rental application, was approved, paid the deposit and received keys and a receipt for a two bedroom apartment. Did NOT sign lease right away cuz landlord couldn't print it, printer acting up. Was promised the lease later that day. Received a text message about an hour later... View More
answered on May 4, 2020
Some lease provisions include a clause that it is subject to a credit check where the landlord has the option to void the lease. But to do so they must return your deposit.
If the landlord cashed your check, or kept your cash, and refuses to return it, then they are obligated to honor the... View More
I live in San Clemente, CA.
answered on May 4, 2020
You can break your lease if the landlord has materially breached the lease - meaning the landlord has not performed an important duty that is subject to the lease. If the landlord has been performing their part pursuant to the terms of the lease then they are entitled to the rent.
However,... View More
I first received two weeks of paid leave by Lowe’s due to my asthma and the corona virus spreading. A week before my leave was ending I was contacted by my HR representative in seeing if I’m good to return or wish to extend my leave to two more weeks. I chose the extension and will now be back... View More
answered on May 3, 2020
Approval by corporate has no bearing. Whether terminating you for taking leave is unlawful depends on the reason for the leave. If your leave was because your doctor indicated you needed leave to address a medical issue, then the leave is legally protected and any retaliation directed at you for... View More
Back in October, the president of our company extended a retention bonus to me to be paid out in two lump sums, one in October and one in April if I were to stay with the company for another year. The October portion was paid out, but I was just informed due to COVID, I would not be paid the April... View More
answered on Apr 30, 2020
The Covid-19 crisis has so severely affected businesses that it is understandable that the company has had to pivot. Whether that pivot gives you a legal claim will depend on the terms of the contract with your employer.
As to your concern about risking your job, that is another question... View More
I got into a small fender bender and he agreed to settling without dealing with insurance, I just got new insurance because my new rate was so high due to an accident I got into in September of 2019. There was no major damage just a little indent there was no paint transfer or any damage to my... View More
answered on Apr 28, 2020
Your feelings about what is fair are not important, nor is your work status. You are liable for the amount of damages you caused. If his repair estimate for property damage caused in the collision, and his medical expenses for injuries caused in the collision add up to $1,900, you should agree to... View More
Check was used. To help pay bill. My apartment. Manager wants my back rent with latefee added on. Shouldn't insurance pay that. I have no money to pay.
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answered on Apr 25, 2020
Thank you for clarifying your question. You can delay paying medical bills. Do not use your SS benefits check for medical expenses. Use it to pay rent. Generally, there is no excuse for non-payment of rent, however, you can ask the court to allow you to pay current rent and to pay back rent in... View More
My landlord has suddenly informed me that he is going to have my car towed Friday. The car is parked properly, in the space he himself assigned me when I first signed the lease 6 months ago. His argument is that the lease states the vehicles must be operational to be parked in their space. My car... View More
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answered on Apr 23, 2020
He is a creative landlord. It is not his duty to tow your car due to a DNV violation. He does not have the right to assume powers granted to the State. However, the LL is using dirty tactics to psychologically affect you and force you to move out. You should move your car out temporarily and... View More
We called the police to perform a welfare check on the child when we obtained an unknown address by looking at my daughters phone location. We recieved confirmation from the mothers aunt that they were indeed with the boyfriend.
answered on Apr 23, 2020
File an emergency Request for Order (FL-300) with a Request for Emergency Temporary Order for an immediate suspension of visitation pending further hearing. Due to COVID-19 orders on the courts you should probably consult with a local attorney to find out what the local rules are regarding... View More
Due to COVID-19 I chose to shelter in place due to an elder mother with health problems. My employer stayed open to the public, despite not being essential business. I do not feel its safe to return unless the governor lifts the shelter in place. will saying no be the same as quitting, despite that... View More
answered on Apr 23, 2020
We are involved in times and events that are unprecedented. Given the Governor's Stay at Home Order employers and employees are left with little to guide them with regarding how to interpret it. What does and does not fall into one of the 16 essential government services may be clear for... View More
my mother in law took my daughter on 3/24/20 she was granted temporary emergency guardianship on the 24th and our first court hearing isnt until 4/27/20 but then for some reason court got posponed until 6/15/20. Doesnt the petition expxpire after a certain amount of days
answered on Apr 21, 2020
My guess is that the temporary order was extended, if it was, due to the numerous court closures due to the emergency orders related to the COVID-19 crisis. The state emergency order allows the court to extend temporary orders when necessary. What you are going through has nothing to do with the... View More
We have shared custody of my son (7) and she told me she is going to move from O.C. county to LA county to stay near her job ( she is with this job since 3 years already and she was driving everyday). I am staying in O.C. and my son goes to school to O.C. doctors in O.C. etc. Can she move my son to... View More
answered on Apr 19, 2020
Depending on what your orders say about "shared" custody, she probably does not have the right to unilaterally move the child and change the school, doctors etc. for him; nor can she unilaterally adopt a different time share for the child.
However, you need to take some immediate... View More
answered on Apr 17, 2020
The United States Constitution, as well as the California Constitution, provide all the authority necessary for both the Federal and State Governments to implement urgent policies in the event of a worldwide pandemic.
The President issued a National Emergency notice on or about March 13,... View More
I’ve been working from home since March 19th due to the safer at home order and have had NO contact with any other employees or the office. Nor will I have until at least May 15th. This past Wednesday 4/15 I came down with covid-like symptoms. Emailed my boss and told him I was sick and being... View More
answered on Apr 17, 2020
HIPPA laws do not apply to your employer. That law relates to the medical and insurance industries primarily. However other medical privacy rights do exist.
There is no question that asking you about medical test results is a violation of medical privacy rights. And telling others... View More
I worked for a small business in Torrance, CA. For 8 yrs I was a dedicated & hard working employee. Due to Covid 19, my employer laid me and another co-worker off through a text message. I wanted to confirm if this was temporary or permanent, since he had previously told me it would be... View More
answered on Apr 14, 2020
There is nothing unlawful about being laid off in a text message.
There is nothing unlawful about the employer bringing other employees back to work and not you unless you can prove the reason you were not brought back is your membership in a protected class of people or because you engaged... View More
I am listed as an "at will employee" in my handbook and the health department closed down the company and I got a letter from my boss saying "we hereby give lay off notice to 'John doe' effective immediately. we are an at will employeer per handbook sect ___ ..we are... View More
answered on Apr 14, 2020
You can certainly decide to not go back, but that might affect your ability to continue to get unemployment insurance benefits. To continue to get benefits you have to prove that you are ready, willing and able to work full time and that you are seeking full time employment. Turning down an offer... View More
To get my charges dismissed or overturned because of this? Or am I just suppose to waste time and wait for all this to blow over?
answered on Apr 14, 2020
The current situation is unlikely to result in either your charges being dropped or your conviction being overturned. Your question cannot be completely answered because charges being dropped presupposes that prosecution of your case hasn't started or been completed, whereas, overturned... View More
Can my employer fire me while I am away on an approved time off in a different country and couldn't reach back on the agreed upon date (March 31st) because the airspace in this country has been locked without a warning from the government to contain COViD 19 spread. I have been in contact with... View More
answered on Apr 11, 2020
In California you are considered to be employed at will unless you have an agreement to the contrary with your employer. The employer of an at will employee can terminate the employee at any time and for any reason or even for no reason at all. Unless the reason for the termination is based on... View More
I've already filed for small claims, but the courts are currently closed. I need to know what I can do to protect myself financially and what I can do to get the current roommate to leave as I am still obligated by contract to cover their part of the rent.
answered on Apr 7, 2020
You are in a sticking situation. If you both are on the lease as co-tenants, only the Landlord can evict non-paying renter. PLUS: Depending on city/county you're rental is located, there are newly-placed holds on all eviction proceedings, for at least 60 to 90 days, due to Corona V.... View More
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