Title: October 26, 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 live in one of the houses below the large development of new houses taking place at the corner of Curry and Highline. Last winter was one of the wettest on record, as everyone knows. As a result, because there was nothing but uncovered dirt in that development, mud ran down the streets below, covered our lawn and destroyed all the landscaping in our front yard. Just a few days ago, we had a lot of rain and again the mud ran down the street. It cost us substantial amount of money to replace the landscaping and a lot of hard work to make our front yard attractive again. How can we avoid a repeat of last year?
A. I hope you contacted the developer and made a complaint about the mud damaging your front yard. In fact, you should have given the developer an invoice for the cost of replacing your landscaping, as well as whatever you paid for the hired labor to clean up your front yard. If you made no contact, the developer will never know what hardship he caused the neighborhood downstream. In fact, this should have been a collective effort on the part of the entire neighborhood to invoice that developer for the problems he caused. Had that been done, the developer would have been on notice and would have ensured that a dam would have been built to protect that neighborhood. If there are still mounds of uncovered dirt above you, make sure to contact the developer to notify him of your past problems and that you do not want this to happen again, otherwise he will be liable for subsequent damages.
Q. I’ve had two children with my boyfriend in a past life, who has long ago left town. My children are now respectively 15 and 11. I was just diagnosed with advanced lung cancer and I don’t think I am going to make it past next year. I need to get my kids taken care of after I pass away. What should I do?
A. It appears that you want their father to take care of them, but you cannot find him, or know of his whereabouts. If this man never paid child support, you are wasting your time chasing him down. Your children are better off with a person of your own choosing. Make sure to prepare a will with a guardianship provision, naming a trusted individual to care for your minor children. It could be your sister, your mother or a friend. If you have no one in mind, and you die before your children are 18, then Court will probably send them to a foster home.
Showing posts with label Money. Show all posts
Showing posts with label Money. Show all posts
Thursday, March 12, 2009
Saturday, January 3, 2009
Legal Eaze #9 Common Law Marriage/ Propery Rental Shed, Verbal Agreement Loan
Originally Printed: November 10, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. I have been living with my boyfriend for the last seven years. We hold ourselves as being married to the outside world, but we never actually got married. Is there such a thing as common law marriage in California?
A. No, California is not a common law marriage state. This means unless you have a marriage license, you are not married. However, had you been living for a number of years in another state that recognizes common law marriage, the State of California would have to honor the other state’s law. But if you have been living in California with your boyfriend for the last seven years, he is still only that, a boyfriend.
Q. I have a large shed which was unfortunately built half-way on my neighbor’s property. When the shed was built, approximately 12 years ago, I paid $2000 to my neighbor to give me an easement for the 75 square feet my shed occupies on his property. My neighbor has sold his property and the new owner wants me to move my shed back onto my property or he will destroy the portion that occupies his property,. What do I do?
A. Hopefully your easement was properly recorded with the county recorder. If you new neighbor causes you problems, you should seek an injunction to stop him from destroying your property. If he proceeds with his threats, you have recourse in filing a lawsuit for your damages. If you damages are not more than $7,500, you should use the Small Claims Court, which is much cheaper and faster.
Q. I learned of a verbal agreement Law in California. I loaned a substantial amount of money to my brother-in-law, but there’s nothing in writing. He promised to pay it back within two weeks, a promise he did not keep. It’s now been two months and he refuses to return my phone calls. Does this law pertain to this type of transaction?
A. I am not sure what law you are talking about, maybe Parol Evidence. You will need to sue your brother-in-law. However, before you do, you must show that you used money you loaned to him from your own funds. Your evidence must trace the money to funds you had in your possession, such as a bank account. If you had a witness present when the transaction took place, he can testify on your behalf. Otherwise, you may have to subpoena your brother’ in law’s bank records to prove he obtained the money.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. I have been living with my boyfriend for the last seven years. We hold ourselves as being married to the outside world, but we never actually got married. Is there such a thing as common law marriage in California?
A. No, California is not a common law marriage state. This means unless you have a marriage license, you are not married. However, had you been living for a number of years in another state that recognizes common law marriage, the State of California would have to honor the other state’s law. But if you have been living in California with your boyfriend for the last seven years, he is still only that, a boyfriend.
Q. I have a large shed which was unfortunately built half-way on my neighbor’s property. When the shed was built, approximately 12 years ago, I paid $2000 to my neighbor to give me an easement for the 75 square feet my shed occupies on his property. My neighbor has sold his property and the new owner wants me to move my shed back onto my property or he will destroy the portion that occupies his property,. What do I do?
A. Hopefully your easement was properly recorded with the county recorder. If you new neighbor causes you problems, you should seek an injunction to stop him from destroying your property. If he proceeds with his threats, you have recourse in filing a lawsuit for your damages. If you damages are not more than $7,500, you should use the Small Claims Court, which is much cheaper and faster.
Q. I learned of a verbal agreement Law in California. I loaned a substantial amount of money to my brother-in-law, but there’s nothing in writing. He promised to pay it back within two weeks, a promise he did not keep. It’s now been two months and he refuses to return my phone calls. Does this law pertain to this type of transaction?
A. I am not sure what law you are talking about, maybe Parol Evidence. You will need to sue your brother-in-law. However, before you do, you must show that you used money you loaned to him from your own funds. Your evidence must trace the money to funds you had in your possession, such as a bank account. If you had a witness present when the transaction took place, he can testify on your behalf. Otherwise, you may have to subpoena your brother’ in law’s bank records to prove he obtained the money.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
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