Legal Eaze #34 Wife on Drugs/Neighbor Kids Burned Down Shed

Title: November 23, 2005

Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.

Q. I have been married for 18 years and have three children. My wife has not worked since we got married. Lately, I have noticed that she is up all night and sleeps a good portion of the day. She leaves the house sometimes in the evenings and does not tell anyone where she goes. The children have been late to school because she falls asleep. Two months ago, she crashed the car because she fell asleep at the wheel. She had two of our children in the back of the car and one of them was pretty banged up in the accident. She gets calls 24 hours a day from very rude people who hang up when I answer the phone. What should I do?
A. I fear your wife may be on drugs. Her “stay-up all night and sleep all day” routine is very much that of a person addicted to “crystal meth” which has become the scourge of Kern County. Before another dreadful accident occurs, I would strongly suggest you file for legal separation and get temporary custody of your children until she seeks drug rehabilitation. Her “sleep at the wheel” episodes could be deadly to your children. There is a strong possibility that a judge would grant temporary custody of your children to you if he or she believes your children are in serious danger.
Q. Last summer, on July 4, my neighbor’s kids were playing with fireworks despite the existing County ban on such dangerous toys. One of the “firebombs” they used exploded and was projected right into a woodshed located on the back of our property. Half of the shed burned down and damaged most of the items stored in it, such as tools, barbecue implements and other things. Our neighbors promised to pay for the damage which amounts to around $8,000, including a new shed. They have not paid a cent yet. What can we do to get our money?
A. You will have to sue them. If you file a Small Claims Court action, you can only obtain damages up to $7,500 (that’s a one time amount, then afterwards only $5,000 can be sued for). If you want to recover the full $8000, you will have to file a lawsuit in Superior Court (limited jurisdiction). Such a lawsuit could take up to a year or longer because it entails far more than a Small Claims Court action, which is usually over and done with within two months. Make sure that you take photographs of the burned out shed and make a list of the damaged items that were stored inside as well as the price you would have to pay to replace these items..