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3 Answers | Asked in Child Support, Domestic Violence and Family Law for California on
Q: If an alimony claim was filed in in July 2020 also a restraining order for violence, then the client used his one delay

Due to lack of a lawyer, than the lawyer pushed the hearing back 3 months, from September to December, then the lawyer dropped the client due to lack of payments, the client gets a new lawyer 3 weeks before the alimony hearing, can the case be pushed back again

Dale S. Gribow
Dale S. Gribow
answered on Nov 23, 2020

more info needed.

what state, county, court, judge?

but yes it is at the discretion of the judge...and with Covid, everything is up in the air.

hopefully, you have a lawyer who can fill the judge in on the past history.

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2 Answers | Asked in Employment Law for California on
Q: Can an employer reduce the dollar value of pto already earned after reducing salary?

I had accured over 120 hours of pto at my previous wage but after covid the company reduced our salary and stated that all pto earned at the previous salary will be valued at the reduced salary rate.

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

Once wages are earned the employer cannot take them back or require the employee to agree to a reduction. There are specific statutes in the Labor Code that prohibit this. Your PTO is considered a part of your wages, therefore, the dollar value is as of the date it is earned, not the date they... View More

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2 Answers | Asked in Employment Law for California on
Q: Can my employer have a list of symptoms they can force you to go home for and then penalize you for the absence?

We have a point system for attendance, when you miss a day and don't have any sick time available you get a point. If they are forcing me to leave can they give me a point.

Neil Pedersen
Neil Pedersen
answered on Nov 16, 2020

Your question is just too general to give you any real helpful guidance.

Can an employer force you to go home if you have certain symptoms related to Covid-19? Absolutely. In fact CDC and OSHA guidance/regulations require an employer to do so to protect the rest of the workforce....
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2 Answers | Asked in Landlord - Tenant for California on
Q: i recived a vacate order but was never served a 3 day pay or quit or unlawful detainer and never got it in the mail

i told my landlord about BLACK MOLD and next thing we have the sheriff serving a notice to vacate

how can i stop this

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

You may be looking at an unlawful, retaliatory eviction. You really need to get quick help from a Tenant's rights attorney, there are several in Orange County. You might even contact the OC Legal Aid society with this. You have to take immediate steps to get to Court on Monday to get an... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can a landlord seek payment for damages discovered a few months after the security deposit was returned?

I was renting out a room in my condo but was stuck overseas when COVID happened. When the renter decided to leave, I asked her if there were any damages I should know of, and she said “no”. My dad had a look at the room (since I was away) and signed off so she could get her security deposit... View More

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

You have a conflict with two areas of law. First, the LL's duty to provide a tenant with a security deposit, within 21 days, with an inspection and itemization of damages withheld. You did this, and a problem for you is that your "agent" -- Dad- failed to discovery the problems and... View More

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1 Answer | Asked in Education Law for California on
Q: What if my son was misdiagnosed at school?

My son was misdiagnosed with supposed symptoms of COVID-19™. The district nurse said my son complained of a headache after running around with a mask on. A different student in her care complained about a sore throat.

The nurse crossed out 'bad headache' took my son's... View More

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

With schools just starting to re-open and pressures on districts from Parents regarding both health concerns for safety and getting the students back in school, the schools are going to be over cautious to be sure that any student with even a hint of a symptom is thoroughly vetted. If you think... View More

2 Answers | Asked in Contracts, Estate Planning and Probate for California on
Q: My dad died before he signed amended trust, even though confirmed with estate planner, during covid?

My Dad received amended copy of his living trust 3 days before he died and had not signed them. He did contact estate attorney and confirmed draft. I don't believe signing them was exclusive, but I do know that my dad would want his last wishes honored. I know there must be mitigating... View More

James Edward Berge
James Edward Berge
answered on Nov 13, 2020

If he didn’t sign the amendment, it’s ineffective. It doesn’t need to be notarized, but it does need to be signed by the trustmaker. Sorry to be the bearer of bad news, but to tell you otherwise is just wishful thinking.

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1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
Q: I believe I have been discriminated against and there has been disparity in treatment against my as a member of Kaiser.

My (minor) daughter had a procedure in the Surgery Department of Kaiser Permanente. My wife and I were both present. I was told (during sign in) that only 1 parent would be allowed to be with the child/patient due to COVID restrictions. To which I replied, that I understood (which Is also written... View More

William John Light
William John Light
answered on Nov 12, 2020

I do not see a claim for discrimination. These protocols are applied to all of us. I, too, have had to wait outside the medical facility for my family member.

2 Answers | Asked in Immigration Law for California on
Q: B2 visa extension

I am currently on a B2 visa in the US. I entered the US in Feb 2020. At my entry, I was issued an I-94 that was valid for 6 months. I applied for a 6-month extension 45 days before my I-94 expired in June and I received a receipt in early July, I have not received a decision on my I-539 yet.... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Nov 11, 2020

You would be wise not to travel. It is recommended that you do not file another I-539 yet. Wait until USCIS makes a decision on the first one. Please keep in mind that USCIS is likely adjudicating a larger than normal number of I-539s due to noncitizens stranded in the US as a result of COVID-19.

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2 Answers | Asked in Divorce and Family Law for California on
Q: My ex husband stopped making spousal support payments in April. What Can I do?

We were married over 25 years, support was court ordered for long term marriage. He went on furlough when Covid started, and collected unemployment benefits...now I believe he has retired early from his union job, so the checks that were issued by his employer stopped. He refuses to comply. Divorce... View More

Shawna Murray
Shawna Murray
answered on Nov 6, 2020

You may need to take your ex-spouse to court and you should definitely consult an attorney about this issue because long-term spousal support is very complex. You could start by reaching out to your ex-husband and making sure he knows where to send you his spousal support checks. While his... View More

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2 Answers | Asked in Employment Law for California on
Q: Can I still collect unemployment if I quit my job?

I work at a small shop that is owned by a franchisee and he continues to put people at risk of COVID. Multiple coworkers have had family members test positive and he won't give them any answers when they ask about getting tested or if they should quarantine. While he does pay for us to have... View More

Neil Pedersen
Neil Pedersen
answered on Oct 28, 2020

Your remedy is not quitting. Quitting may well cause you to be disqualified from unemployment insurance benefits. Your remedy is reporting the problem to OSHA who has promulgated regulations for workplace safety in this pandemic. If your employer is not compliant with the regulations it can be... View More

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1 Answer | Asked in Estate Planning, Banking and Elder Law for California on
Q: Can a check made out to the sole trustee of a revocable living trust be cashed without a trust account?

Elderly father received check after home refi. It’s made out to him as: “Name, as trustee of the abc trust”. It cannot be reissued.

Trust is a revocable living trust. Mother and father were the grantors and only 2 trustees. Mother passed away, father is sole trustee now (successor). I... View More

James Edward Berge
James Edward Berge
answered on Oct 27, 2020

It’s a common situation, but every bank and credit union and other financial institution has its own rules. My experience as an estate planning specialist with over 25 years in the field is to simply have your dad endorse the check on the reverse side as follows: “For deposit only”, and then... View More

1 Answer | Asked in Traffic Tickets for California on
Q: A while ago I purchased my first car and I recently got pulled over and got a citation for my tags and/or registration

Bought my car from a Mexican family that spoke 0 english and I had to use google translate to communicate. I don't have much family so I didn't have anyone to let me know better and I never got the car registered and the tags were expired and that's why I got pulled over. Maybe... View More

Maurice Mandel II
Maurice Mandel II
answered on Oct 26, 2020

First, the pandemic does not affect what you say in court. Your first appearance is an "arraignment" where you plead guilty or not guilty. If you show up with valid current paid up registration in hand it will go much better for you than if you say "I got this ticket 3 months ago... View More

1 Answer | Asked in Immigration Law for California on
Q: I’m a citizen. My mom and 14 year old brother live in Mexico. Can I petition them together to speed up sibling process

Im 23 year old citizen. My mom came to the U.S illegally and returned voluntarily to Mexico in 2002, no deportation. She’s been in Mexico ever since. I know I can petition her and it’ll be fairly quick process. But she also has my brother who is 14 and he can’t stay in Mexico alone. Is there... View More

Mario Musil
PREMIUM
Mario Musil
answered on Oct 26, 2020

Hello,

You mother would be an immediate relative and you can petition for her and she would not have to wait for visa availability - meaning she could be a green card holder in about a year or so (not considering Covid delays). Your brother however is not an immediate relative to you and...
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1 Answer | Asked in Real Estate Law for California on
Q: I need to file a motion to continue an eviction case.

I have an eviction case trial set for Oct. 27th. today i learned i have covid 19. I tried to file a motion to continue but they said i have to set a date for a hearing. there is no way to contact the court. what do i do.

Maurice Mandel II
Maurice Mandel II
answered on Oct 20, 2020

Your post comes from Oak Park near Westlake Village, I believe this is in the County of Los Angeles. The Superior Court for LA maintains a very extensive website with all types of instructions on how to reserve motion dates, how to make Ex Parte applications and other matters, specifically for... View More

1 Answer | Asked in Real Estate Law for California on
Q: Can I break my lease if I do not feel safe in the apartment bldg. due to COVID concerns (no one wears a mask here)?

No one wears a mask in the common areas of inside the apartment building. This includes the employees of the building (i.e. maintence crew). I have emailed the management and all they do is send a reminder to the community, but no one follows that.

Maurice Mandel II
Maurice Mandel II
answered on Oct 15, 2020

Interesting question, answer, maybe. It sounds like, at least, the LL is in violation of local and state ordinances requiring the wearing of masks. This could be the creation of an unsafe condition affecting habitability. (think about a LL knowingly allowing another tenant to run a meth lab next... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: Can I terminate the lease of a tenant in a rent control area who has occupied the rental for less than 12 months?

We are in the process of completing the purchase for a duplex in Los Angeles (area code 90038).

The duplex is in a rent control area and the one side of the duplex is occupied by a tenant that signed to lease the property until 2021 for $800 below market value.

We were intending for... View More

John Francis Nicholson
John Francis Nicholson
answered on Oct 9, 2020

Here is the updated version. While the current moratorium rules are in place you cannot evict a tenant based upon the information that you have given. The rules change fairly often but they have been giving tenants more rights - not less.

Encourage them to pay rent in the meantime;...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Tenant no longer paying rent and no COVID loss best way to start an eviction. We wanting to take unit off rental market?

We have no oral or written lease agreement with this tenant. She had an oral agreement with our mother who passed away and this agreement expired in august and she just stopped paying rent. We live out of town and would like the unit vacant and off rental market. We may use unit for our personal... View More

Maurice Mandel II
Maurice Mandel II
answered on Oct 7, 2020

First you have to review the COVID moratoriums on Evictions for the area in which the property resides to be sure there is no restriction on your eviction of this tenant. Then you should consult an eviction attorney in your area to be sure you did not miss something. Next, you might serve both a... View More

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1 Answer | Asked in Family Law for California on
Q: I got approved to move to Oregon with my son, with COVID there are no jobs! How difficult is it to change state?

Hi

I have full legal sole and physical custody of my child (hes 12)

I was awarded full legal sole and physical custody

CPS took him off his mother and gave him to me because shes an alcoholic

I currently live in the SF bay area

I just got approved to move... View More

Shawna Murray
Shawna Murray
answered on Oct 4, 2020

If the judgement in your child custody case states that you have sole legal custody and sole physical custody, you do get to decide where your child lives. However, you not want to be accused of kidnapping your child so I highly recommend that you schedule an appointment with a family law lawyer... View More

1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Real Estate Law for California on
Q: During the moratorium am I allowed to give my tenant a 3-day notice for nuisance regarding a pet's constant barking?

my tenant got this dog during the moratorium, breaking our lease agreement. But since we can't do much with the moratorium in place tenant has kept the dog. now the dog is a nuisance he barks all the time cant enjoy our common areas because of it. The house is in Los Angeles, Ca, and is also... View More

Maurice Mandel II
Maurice Mandel II
answered on Oct 2, 2020

You need to contact a local Real Estate attorney, there are several here that you could contact and review with them exactly what the moratorium protects. IMO it does not protect a tenant from breaking the rules of the lease from being evicted, it protects people who cannot pay the rent because... View More

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