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 children. Show all posts
Showing posts with label children. Show all posts
Thursday, March 12, 2009
Monday, March 2, 2009
Legal Eaze #32 Speeding Misdemeanor/ Unwanted Magazines
Title: October 12, 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 drive a truck for a living, and I drive all over United States. I have a commercial driver’s license. I was driving my own car and was caught speeding on the 58 just past Mojave. The citation mentions that I was driving at 67 miles per hour. Is this a misdemeanor or just an infraction? I am very concerned that my commercial driver’s license will be affected and will not be able to drive a truck anymore.
A. I you were driving no faster than 15 miles per hour over the posted speed limit, if should be only an infraction. If the posted speed limit was 55 mph, it is an infraction. However, I am surprised that you would be pulled over going at 67 mph, unless the officer considered it unsafe to drive at that speed. There has been ongoing construction on Highway 58 and speeds are reduced in construction zones. If you pay the fine on the fraction within the time limit, it should not affect your commercial driver’s license.
Q. I keep receiving books, magazines and other goodies by mail which I never ordered. I also receive invoices for these books, magazines and goodies. I have returned most of them, but sometimes by error I open the package, then I don’t know what to do. Do I have to pay for the return shipping on this stuff? Ord do I have to pay the invoices?
A. You have failed to tell me whether you live alone or not. If you have children living with you, how do you know that one of them did not order these books and/or magazines? If you live alone and are absolutely sure that you did not place any orders for books and/or magazines, just return them unopened. Mark “Return to Sender” on the front of the package and put them back in the mail. If the books keep coming even after you have returned one or two, just keep them and explain that you did not order the books and magazines or goodies and will not pay their invoice nor their return shipping charges. You can write that right on the invoice and return the invoice to the company that sent it to you..
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 drive a truck for a living, and I drive all over United States. I have a commercial driver’s license. I was driving my own car and was caught speeding on the 58 just past Mojave. The citation mentions that I was driving at 67 miles per hour. Is this a misdemeanor or just an infraction? I am very concerned that my commercial driver’s license will be affected and will not be able to drive a truck anymore.
A. I you were driving no faster than 15 miles per hour over the posted speed limit, if should be only an infraction. If the posted speed limit was 55 mph, it is an infraction. However, I am surprised that you would be pulled over going at 67 mph, unless the officer considered it unsafe to drive at that speed. There has been ongoing construction on Highway 58 and speeds are reduced in construction zones. If you pay the fine on the fraction within the time limit, it should not affect your commercial driver’s license.
Q. I keep receiving books, magazines and other goodies by mail which I never ordered. I also receive invoices for these books, magazines and goodies. I have returned most of them, but sometimes by error I open the package, then I don’t know what to do. Do I have to pay for the return shipping on this stuff? Ord do I have to pay the invoices?
A. You have failed to tell me whether you live alone or not. If you have children living with you, how do you know that one of them did not order these books and/or magazines? If you live alone and are absolutely sure that you did not place any orders for books and/or magazines, just return them unopened. Mark “Return to Sender” on the front of the package and put them back in the mail. If the books keep coming even after you have returned one or two, just keep them and explain that you did not order the books and magazines or goodies and will not pay their invoice nor their return shipping charges. You can write that right on the invoice and return the invoice to the company that sent it to you..
Legal Eaze #27 Children Custody/ Common Law Marriage
Title: July 27, 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. My brother has custody of his two young children, a 6-year old boy and a 4-yeard old girl. My brother has been out of work for the last 8 months while his new girlfriend goes to work in Bakersfield everyday. Just a couple of weeks ago, I walked in my brother’s house, uninvited, and found him unconscious in the living room, sprawled on the couch, with a syringe stuck in his arm. Both children were crying hysterically. I called an ambulance and he was taken to the hospital. He overdosed on drugs and had I not come in, he would have died. His girlfriend does not seem to have a clue as to what he was up to. What should we do?
A. If you want to help your brother, you need to either return the children to their mother or if that is not an available solution, you need to petition for temporary guardianship of these children until your brother goes into and completes a drug rehab program. At this point, his actions are endangering the lives of his children and if Children Protective Services (CPS) hears of this situation, the children may be taken away from your brother and placed into foster care. Since you are “family”, these children would be better off remaining in your care, if you are in a position to take care of them.
Q. I have been living with my boyfriend for the last 22 years. I mentioned to him that we should get married, but he says that we are already married because we have been living together for so long. Is this true?
A. No, it is not. There is no such thing as “common law marriage” in California. You are not married and unless you apply for a marriage license and go through either a civil marriage or a religious one, you will remain “boyfriend and girlfriend”. Maybe he just does not want to get married. But as long as you are not married, you have little legal protection as to the property you purchase together, not to mention that any children you have together may eventually suffer because they are illegitimate.
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. My brother has custody of his two young children, a 6-year old boy and a 4-yeard old girl. My brother has been out of work for the last 8 months while his new girlfriend goes to work in Bakersfield everyday. Just a couple of weeks ago, I walked in my brother’s house, uninvited, and found him unconscious in the living room, sprawled on the couch, with a syringe stuck in his arm. Both children were crying hysterically. I called an ambulance and he was taken to the hospital. He overdosed on drugs and had I not come in, he would have died. His girlfriend does not seem to have a clue as to what he was up to. What should we do?
A. If you want to help your brother, you need to either return the children to their mother or if that is not an available solution, you need to petition for temporary guardianship of these children until your brother goes into and completes a drug rehab program. At this point, his actions are endangering the lives of his children and if Children Protective Services (CPS) hears of this situation, the children may be taken away from your brother and placed into foster care. Since you are “family”, these children would be better off remaining in your care, if you are in a position to take care of them.
Q. I have been living with my boyfriend for the last 22 years. I mentioned to him that we should get married, but he says that we are already married because we have been living together for so long. Is this true?
A. No, it is not. There is no such thing as “common law marriage” in California. You are not married and unless you apply for a marriage license and go through either a civil marriage or a religious one, you will remain “boyfriend and girlfriend”. Maybe he just does not want to get married. But as long as you are not married, you have little legal protection as to the property you purchase together, not to mention that any children you have together may eventually suffer because they are illegitimate.
Monday, January 5, 2009
Legal Eaze #18 Dust/ Credit Card Theft
Originally Printed: March 23, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 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.
Q. There is a lot of new activity on the land next to our house. The lot is being prepared for new building and a tractor has been grading it. Unfortunately, a tremendous amount of dust has been drifting towards our house, and last week when it was hot enough to have our windows open, my wife complained that she constantly had to dust our furniture and our baby has started to cough because of the amount of dust we are getting in the house. Our son’s bedroom is located nearest the grading. We fear that our son is getting very ill due to this dust. What can we do?
A. There are laws requiring that dust be abated by watering the earth being moved. The contractor who is doing this work is doing so in violation of these laws. If you are located within the boundaries of the city of Tehachapi, you need to call the Department of Code Enforcement at City Hall. If you are located in Kern County, you would have to call the equivalent department in Kern County. I would go next door and warn the person driving the tractor to stop doing so unless the soil is wetted down first. If you son is becoming ill as a result of dust rising from a building project, first take him to a doctor, switch him to another room where he would not be exposed to the dust until the contractor next door becomes more responsible to your plight. If your child’s health has been affected by the contractor’s violation of laws, you can sue him for your son’s health problems. Dust can severely affect the health of those who work or live in close proximity of new building projects and dust abatement is a must when such projects are being completed.
Q. I had my wallet stolen during the holidays last year and I am afraid that I have become the victim of identity theft. All my important documents were in the wallet and now I am getting bills from credit cards I reported stolen three months ago as well as from stores I never shopped at, Internet Web sites, etc. What should I do?
A. I hope you reported the theft to the police. That is the first thing you need to do. Then, you need to write an explicit letter to all four (there is a new one now) credit reporting agencies, giving details of the items that where stolen, when, where; and write to each one of the creditors explaining what happened. You also need to contact the Federal Trade Commission, which has a Web site where you can report the theft.
Maxine de Villefranche is an attorney and civil general practitioner with 12 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.
Q. There is a lot of new activity on the land next to our house. The lot is being prepared for new building and a tractor has been grading it. Unfortunately, a tremendous amount of dust has been drifting towards our house, and last week when it was hot enough to have our windows open, my wife complained that she constantly had to dust our furniture and our baby has started to cough because of the amount of dust we are getting in the house. Our son’s bedroom is located nearest the grading. We fear that our son is getting very ill due to this dust. What can we do?
A. There are laws requiring that dust be abated by watering the earth being moved. The contractor who is doing this work is doing so in violation of these laws. If you are located within the boundaries of the city of Tehachapi, you need to call the Department of Code Enforcement at City Hall. If you are located in Kern County, you would have to call the equivalent department in Kern County. I would go next door and warn the person driving the tractor to stop doing so unless the soil is wetted down first. If you son is becoming ill as a result of dust rising from a building project, first take him to a doctor, switch him to another room where he would not be exposed to the dust until the contractor next door becomes more responsible to your plight. If your child’s health has been affected by the contractor’s violation of laws, you can sue him for your son’s health problems. Dust can severely affect the health of those who work or live in close proximity of new building projects and dust abatement is a must when such projects are being completed.
Q. I had my wallet stolen during the holidays last year and I am afraid that I have become the victim of identity theft. All my important documents were in the wallet and now I am getting bills from credit cards I reported stolen three months ago as well as from stores I never shopped at, Internet Web sites, etc. What should I do?
A. I hope you reported the theft to the police. That is the first thing you need to do. Then, you need to write an explicit letter to all four (there is a new one now) credit reporting agencies, giving details of the items that where stolen, when, where; and write to each one of the creditors explaining what happened. You also need to contact the Federal Trade Commission, which has a Web site where you can report the theft.
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