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COVID-19 California Questions & Answers
3 Answers | Asked in Criminal Law and Animal / Dog Law for California on
Q: Is it against the law in CA for a neighbor to take our cat days at a time?

these crazy neighbors have been holding our cat hostage inside for days at a time. They have been positive for corona virus and I'm 7 months pregnant. I tried calling police but they said a cat isn't considered property. Its causing me a lot of stress. I though pets were property, isnt this thef?

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Sep 8, 2020

The police are clearly just being lazy in this situation. You can call the chief and file a complaint against the officers. The squeaky wheel gets oiled the most!

To answer your question, yes, animals (cats and dogs and cows, pigs, birds, all animals, etc.) are considered property. So, the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I'm a subtenant that isn't on the lease. Am I covered by just cause and the eviction moratorium?

I live in Oakland California. In the Oakland tenant book it says that if I'm a subtenant and my unit is covered by just cause, then I'm also covered. I've been living in my unit 6 months and I pay my roommate rent. We do not have a contract but through text, she said I can stay at... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 4, 2020

When you choose to live off the grid, you give up rights. You should be on the lease. Without being on it, your rights are seriously curtailed. You indicate that you know you should have a contract, at least with the tenant. You need to take care of business, then you can begin to assert your... View More

1 Answer | Asked in Real Estate Law for California on
Q: Can "frustration of purpose" be my legal reason to breaking the off campuse housing lease?

My classes and my roommates‘ classes are remote due to covid. I signed a one year lease on May. And my college update about most of classes will be online on August. I had negotiated with landlord about break lease. And had ask about buy out. The landlord say I need to pay the whole year rent to... View More

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

We charge by the question here, so you get one answer. Just kidding. Do not move in, notify the LL that you are breaking the lease because of Covid problems and "Frustration of purpose" is a pretty good defense. He will have to sue you but he does not automatically get one year's... View More

1 Answer | Asked in Child Support for California on
Q: who can help me fill out child support papers filed against me.
Maurice Mandel II
Maurice Mandel II
answered on Aug 30, 2020

You can hire an attorney or do it yourself. The courts had a "self help" office that could assist you before Covid, I do not know if they have re-opened after the court closures last March. The Government does not provide you with a free attorney except in the case where your liberty is... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I'm not on the lease. Can my roommate kick out my guest?

Sometimes my friend stays for 3 or 4 nights in a row. We are very respectful and quiet. Now my roommate doesn't want her to come over anymore and threatened to call the police. I tried communicating and asking what is the problem but they want say. I've been staying there for 6 months

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

Your rights will be defined by your written rental or sublease agreement. If you don't have a written agreement, you don't have any rights to enforce. You are liable to be evicted on a 3 day notice for failure to comply with the terms of your occupancy which is in the control of the... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can I break my off campus housing lease due to covid all classes are remotely? Landlord don't agree to break lease.

I am a student transfer to UC Davis in the fall 2020. I signed a one year lease with an apartment on May. But now most of the courses are remote. And find out all my and my roommate's classes are remote after we register the classes in the middle of August. We living in Bay Area with family,... View More

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

You should check into local ordinances that prevent evictions of tenants impacted by Covid. They could put you into the position of not having to pay rent and the LL not being able to evict you. Your LL thinks he has the strong hand right now but you may not have played all the cards yet.... View More

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1 Answer | Asked in Business Law for California on
Q: Do I need an LLC for a homemade mask making business?

A friend convinced me that I needed an LLC to sell homemade masks to friends and family or on Etsy. He says there will be tons of lawsuits against mask makers if people get covid. Do you think this is a serious risk to my little homemade business, even if I have a disclaimer saying these masks are... View More

Shawn R. Jackson
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Shawn R. Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2020

Well ... as a general rule, you will want three "hurdles" between you and the litigation attorneys. [1] a legal entity like a corporation or LLC ... [2] good insurance and ... [3] good management/disclosure protocols. Most of the time, a litigation attorney can get over two of the... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: I am a resident in a mobile home and RV park in Vallejo CA and have been without electricity since 8/10/2020.

This has affected 3 other residents and the office has been aware since day one of the problem, which has now been 6 full days. 4 different electricians have been out to diagnose the problem now, however, NOTHING has been fixed nor has the management offered any resolution such as temporary lodging... View More

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

Tomorrow, Monday, file a Small Claims Action against the park, the individual managers and the management company, you can ask for up to $10,000., for space rental rebate, violation of the warranty of habitability, Negligent infliction of emotional distress and negligence. Opt to have it served by... View More

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1 Answer | Asked in Employment Law for California on
Q: Hello, was on furlough due to Covid and because of that had to relocate. My job has called me back, I informed them of

my situation on how I had to relocate 6hrs away due to being furloughed. But my boss is saying that’s Voluntarily Quitting. I was hoping to be able to use my own unemployment while I looked for a job in my new town but with “Voluntarily quitting” on my record unemployment will get taken away.... View More

Neil Pedersen
Neil Pedersen
answered on Aug 11, 2020

Not all voluntary resignations will be considered a voluntary quit. It is possible that your situation will be seen as something other than that. Apply for UI benefits and when you are allowed to make your case, be sure to prove that you had no other choice but to move under the circumstances.... View More

1 Answer | Asked in Immigration Law for California on
Q: I have my N-400 interview scheduled while I'm traveling abroad. I'll be back two days before the interview.

I found a statement on the notice that I should reschedule my interview if I've traveled outside the US in the past two weeks as part of the covid-19 safety measures. However, I didn't see that on their webpage, only if you're ill or have symptoms. Should I: - Call to reschedule... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 10, 2020

The fact that you’ve travelled will likely come up in databases that keep track of such things, unless you traveled to Canada or Mexico. Under certain circumstances. It is hard to say what you should do, though know that you might get turned away if you show up at the interview and tell staff... View More

5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Can I do a Bankruptcy for Property Taxes if paying it will cause Financial Burden to family and get a fresh start?

Five years behind waited because I didnt know what to do and pay for it but I understand to pay now but its like cant get a loan due to bad credit not working due to Covid.

Peter Maurice Lively
Peter Maurice Lively
answered on Aug 10, 2020

You can repay real property taxes through a 5 year chapter 13 plan.

You can allow the tax collector to auction the real property to pay the property taxes, so that you don't owe the property taxes individually.

You can NOT keep title to the real property and discharge the...
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2 Answers | Asked in Employment Law for California on
Q: Non essential worker being asked to return to work everyday ,so she quit her job because of her family’s health concerns

I’m a designer in the hospitality industry and my employer asked me to return to work everyday during the pandemic even though non-essential offices are not allowed to reopen back. I asked my employer to lay me off because I feel anxiety coming to work everyday since I live with my grandma who... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 9, 2020

Mr. Pederson is right, costs nothing to apply, as long as you are truthful, there is no stigma about being turned down. Sounds like you may have additional claims against this employer for failing to obey the laws, and for CONSTRUCTIVELY TERMINATING you by putting you in a position where no... View More

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2 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: COVID-19 Different requirements for returning to office, depending on whether one has children...

I work for the Feds. At my particular agency, local (Calif) leadership is contemplating rules for staff return to the office at the end of this month (August). We've all (<50) been telecommuting since mid-March. It's loosely being proposed that those with children... be permitted to... View More

Neil Pedersen
Neil Pedersen
answered on Aug 8, 2020

Would it be discriminatory? Yes. Any time someone is treated differently than others, it is discrimination. Is it unlawful? No. Having children at home is not a protected class under any protective statutes.

What the employer is contemplating is lawful.

Good luck to you.

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1 Answer | Asked in Civil Litigation for California on
Q: I rent a room right now and I signed a 6 month rental agreement. I have been asked to move out earlier than 6 months

I have been living there for just over two months. I am active duty military and I just got back from a deployment. I was recently informed that they want me to move out so they can turn my room into an office space because they are no longer occupying the office space they are renting in another... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 8, 2020

Very sorry to hear that an active duty US military is being treated this way. Of course you have the absolute right to enforce your rental agreement and tell them you are not moving out until it is up. IMO you don't need to subject yourself to this stress. What I would do is negotiate with... View More

3 Answers | Asked in Employment Law and Business Law for California on
Q: vendor not releasing payments from past few months and what should I do?

We have been waiting from past few months for payments from vendor, they are asking ask for settlement but we are decided to file a petition in court? What steps need to be taken and how long will my petition will take?

Neil Pedersen
Neil Pedersen
answered on Aug 7, 2020

It depends on how much is involved in this dispute.

If the amount in controversy is $10,000 or less you can proceed through small claims court and probably get a judgment in a matter of months, once the courts open back up.

If the amount is greater than $10.000 then you will have...
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2 Answers | Asked in Employment Law for California on
Q: Can an employer (a daycare) require an employee to make up hours because they receive a payment from a PPP loan.

Our daycare was closed during the pandemic because we were considered non essential. Our employer received a PPP loan during this time frame so they can pay us. Since we were closed during that timeframe we only worked partime cleaning etc. Now that the business is up and running our employer is... View More

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

This is a first impression to me and I hope other employment attorneys will also respond. IMO they cannot make you work now for money they paid you in April, they have to pay you your usual wages for work done now. Otherwise you have a claim for non payment of wages, liquidated damages for non... View More

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2 Answers | Asked in Civil Rights for California on
Q: On what terms or civil code can I use to protect my rights NOT to use a face covering in any store or dental office?

I told dental office it went against my religious believes and it also posed a health risk to wear a mask. They allowed me services without wearing one but after I was finished and waiting to pay they asked me to put one on..again I told them I could not..so they told me to find another dentist

Maurice Mandel II
Maurice Mandel II
answered on Aug 6, 2020

As far as I am aware you do not have the right to engage in acquisition or transmission of a communicable disease, which is why there are emergency regulations requiring you to wear a mask, even if it slightly infringes on your right to practice a religion. The rights granted to you by the Bill of... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and White Collar Crime for California on
Q: Is this harassment to be quarantined by employer that is assuming another company has covid without symptoms or results.

I was working with contractors and a company man came out screaming for everyone to wear masks, as I was working and wearing a mask he saw mine was below my nose. As was his mask. As I pointed out his was below his nose, he sped off angry. Went to higher up and I’m now subject to quarantine... View More

Neil Pedersen
Neil Pedersen
answered on Aug 5, 2020

There is nothing wrong with a contracting partner of your employer complaining about you not wearing a mask properly, even if the complainer was doing the same. There is also nothing unlawful about your employer sending you home because of this complaint. The company your company is working for... View More

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1 Answer | Asked in Uncategorized for California on
Q: I pay a monthly booth rent at a salon in CA thats under mandatory shut down because of the coronavirus.

My question is- Is it legal for the owner of the salon to still charge me booth rent for a space in the salon when I’m not allowed to use it because of the shutdown?

Maurice Mandel II
Maurice Mandel II
answered on Aug 4, 2020

What does your agreement with the salon owner say? It would seem improper for the salon owner to collect rent from you and not provide you with the access that you bargained to pay for, even if the failure to provide access is because of Government orders to shutdown. That is not your... View More

1 Answer | Asked in Civil Litigation for California on
Q: If I’m subpoenaed for a deposition as a non-party witness while on disability do they reschedule?

My boyfriend is part of a civil case, I’m scheduled to deliver my baby by csection august 19th. The other parties lawyer is now trying to serve me with deposition papers (assuming anyway, as a process server has been looking for me places I haven’t been) also knowing when my csection date is.... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 4, 2020

Will they reschedule? You say the other attorney is being a Jerk (comes with the territory you know) so who can say? SHOULD they reschedule? Yes, they should. Must they reschedule? If you properly ask the Judge, yes. No judge is going to make a woman in labor or one in post partum give a... View More

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