Title: August 27, 2008
Q: I sold my car to a guy on a Friday night. He wrecked the car two days later and called me for help. He was driving it without insurance and title had not transferred over to him yet. He gave all of my information to the person who hit him. I agreed to help him by making a claim with my own insurance company to help him fix the car. The car was considered a total loss. Now this guy is suing me for his loss. How can I prepare myself for the Small Claims Court hearing?
A: If you were still insured at the time of the incident and there is a claim/lawsuit against you, you should submit the claim/lawsuit to your own insurance company. One of the important duties of an insurance company is to defend their insured in a legal action where their insured and his/her driver are likely to be liable. Otherwise, you may want to consult with a civil litigator long before the hearing, since following some of his/her suggestions may take some time to put into place.
Q: While fighting a custody battle with my ex-wife, I was accused of numerous allegations such as child abuse, spousal abuse, philanderer, etc. While reading a section of California Civil Law, I read that by law, no one is allowed to defame another without evidence. Since no evidence was offered, do I have a civil lawsuit against the Superior Court since the Judge and clerks did not stop her from saying all these lies?
A. It is highly unlikely that you would be successful in such lawsuit. Judges are absolutely immune from suit for acts or omissions committed in their judicial capacity. As for the clerks in the Courthouse, they have no power to stop a person from saying whatever he/she wants in the courtroom or courthouse.
Q: I found finger and/or toenail clippings in my Del Monte chili. What can I do?
A. Throw it away and never buy Del Monte products again. Or call Del Monte company and complain. They’ll probably send you a flat of Del Monte chili cans to replace the first one. Go back to the store where you bought and demand your money back. If you thinking “Who can I sue to get damages?” you will have to prove what damages you suffered as a result of this find. If you did not suffer extensively from “gag-teritis”, it is unlikely that your lawsuit would be successful.
Maxine de Villefranche has been an attorney for 15 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at (661)825-8880 or e-mail your questions or comments to http://www.generalaw.com She will answer your questions to the best of her abilities.
Showing posts with label claim. Show all posts
Showing posts with label claim. Show all posts
Tuesday, March 24, 2009
Legal Eaze #79 Process Server Charges/ Overturn Custody Judgement/Sales Commission
Title: October 24, 2007
Q: I hired a professional process service to serve divorce papers on my wife. They attempted to serve her 3 times but were unsuccessful. Now they want to charge me more to serve her. What do I do?
A: I cannot advise you as to whether or not the process server charges are proper. After several attempts to serve personally, a process server can then serve the paperwork by substitute service i.e. on another adult who can be found at the same address as your wife, either at home or at work. The process server must also fill out a form called “reasonable diligence” to the effect that several attempts were made to effect personal service, but to no avail. Another way is to leave the paperwork in an appropriate place where your wife would be most likely to see it, such as a few feet from where she is standing if she is avoiding service, or by substitute service at a private post office box where she regularly receives her mail. A copy of the paperwork must also be mailed to your wife. It is established law that a Defendant will not be permitted to defeat service by rendering physical service impossible. If your wife resides in a gated community, by law, registered process servers, upon proper identification, must be granted access to a gated community, staffed by a guard. There is also service by publication available if you cannot find your wife’s location.
Q: Is it possible to overturn a judgment of full custody?
A: Yes it is. If the circumstances have changed, you can make a Motion to Modify custody. However, there must really be a change of circumstances. If the situation is exactly the same as when the judge made his decision and you make the motion to modify custody, the Judge could order you to pay for opposing party’s attorney’s fees. But if the situation is now different, your ex-spouse is ill, or wants to remarry an ex-con who was convicted of child molestation or something the Judge should know about, then go for it.
Q. I recently resigned from a sales position with an insurance company. They refuse to pay my sales commission because I am no longer an employee. Their sale manual clearly states that one must be an employee at the time the check is cut. We are talking about more than $10,000 here. What can I do?
A. Go to the Labor Commission and make a claim. This practice is clearly unethical. The company is violating the contract terms you surely entered into when you began working for it. The employer has a contractual duty to pay the earned commission, and you should not be penalized because your commission is paid several weeks after you earned it.
Maxine de Villefranche has been an attorney for 14 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at (661)825-8880 or e-mail at maxinedev@msn.com. She will answer your questions to the best of her abilities.
Q: I hired a professional process service to serve divorce papers on my wife. They attempted to serve her 3 times but were unsuccessful. Now they want to charge me more to serve her. What do I do?
A: I cannot advise you as to whether or not the process server charges are proper. After several attempts to serve personally, a process server can then serve the paperwork by substitute service i.e. on another adult who can be found at the same address as your wife, either at home or at work. The process server must also fill out a form called “reasonable diligence” to the effect that several attempts were made to effect personal service, but to no avail. Another way is to leave the paperwork in an appropriate place where your wife would be most likely to see it, such as a few feet from where she is standing if she is avoiding service, or by substitute service at a private post office box where she regularly receives her mail. A copy of the paperwork must also be mailed to your wife. It is established law that a Defendant will not be permitted to defeat service by rendering physical service impossible. If your wife resides in a gated community, by law, registered process servers, upon proper identification, must be granted access to a gated community, staffed by a guard. There is also service by publication available if you cannot find your wife’s location.
Q: Is it possible to overturn a judgment of full custody?
A: Yes it is. If the circumstances have changed, you can make a Motion to Modify custody. However, there must really be a change of circumstances. If the situation is exactly the same as when the judge made his decision and you make the motion to modify custody, the Judge could order you to pay for opposing party’s attorney’s fees. But if the situation is now different, your ex-spouse is ill, or wants to remarry an ex-con who was convicted of child molestation or something the Judge should know about, then go for it.
Q. I recently resigned from a sales position with an insurance company. They refuse to pay my sales commission because I am no longer an employee. Their sale manual clearly states that one must be an employee at the time the check is cut. We are talking about more than $10,000 here. What can I do?
A. Go to the Labor Commission and make a claim. This practice is clearly unethical. The company is violating the contract terms you surely entered into when you began working for it. The employer has a contractual duty to pay the earned commission, and you should not be penalized because your commission is paid several weeks after you earned it.
Maxine de Villefranche has been an attorney for 14 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at (661)825-8880 or e-mail at maxinedev@msn.com. She will answer your questions to the best of her abilities.
Legal Eaze #78 Statute of Limitations/Small Claims Citizenship/Court Order/Ex-Parte Motion
Title: October 3, 2007
Q. What is the statue of Limitations?
A. The word is spelled “statute” rather than “statue”. A Statute of Limitations is a law setting forth the maximum period of time after certain events have occurred for legal proceedings based on these events to begin. In many law systems, these legal provisions are part of the civil code or criminal code. For example, in our common law system, we might have a statute limiting prosecution of misdemeanor crimes to two years. In other words, if someone is discovered to have committed a misdemeanor offense 5 years ago, he or she cannot be prosecuted for it because the Statute of Limitations has run on that offense. The same goes for a civil case. If you have a car accident caused by someone else, you have only a certain period of time to sue that other person for any injuries or damages you suffered. The period of time you have to file a lawsuit is called the Statute of Limitations.
Q. Do you have to be an American citizen to file a Small Claims Court action?
A. No. No one will check your citizenship or immigration status to file a claim.
Q. I was personally served with an Order of Examination prepared by a lawyer to appear in Court. I just started a new job and if I take the day off to go to Court, I might lose my job. This is about an old debt that I have been unable to pay because of my unemployment. What happens if I don’t go?
A. The Court will issue a warrant for your arrest. It is a Court order and you must obey it. You need to inform your new employer that you must appear for the examination and that you do not have a choice in the matter. If you do not appear, you will eventually get arrested and brought to Court by the police.
Q. Just before our separation, my husband added my name to the home loan to help build up my credit. Now he refuses to pay the mortgage and just wants the house to be foreclosed on. I am living with my parents now, and cannot afford to pay the mortgage. What can I do?
A. You need to file an Ex-Parte Motion with the Court in your divorce action to force your husband to pay the mortgage. Time is of essence. The family residence is a community asset, and if there is equity in the house, it must be preserved in order to divide that equity fairly between the parties. Your husband’s actions are unfair and selfish.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
Q. What is the statue of Limitations?
A. The word is spelled “statute” rather than “statue”. A Statute of Limitations is a law setting forth the maximum period of time after certain events have occurred for legal proceedings based on these events to begin. In many law systems, these legal provisions are part of the civil code or criminal code. For example, in our common law system, we might have a statute limiting prosecution of misdemeanor crimes to two years. In other words, if someone is discovered to have committed a misdemeanor offense 5 years ago, he or she cannot be prosecuted for it because the Statute of Limitations has run on that offense. The same goes for a civil case. If you have a car accident caused by someone else, you have only a certain period of time to sue that other person for any injuries or damages you suffered. The period of time you have to file a lawsuit is called the Statute of Limitations.
Q. Do you have to be an American citizen to file a Small Claims Court action?
A. No. No one will check your citizenship or immigration status to file a claim.
Q. I was personally served with an Order of Examination prepared by a lawyer to appear in Court. I just started a new job and if I take the day off to go to Court, I might lose my job. This is about an old debt that I have been unable to pay because of my unemployment. What happens if I don’t go?
A. The Court will issue a warrant for your arrest. It is a Court order and you must obey it. You need to inform your new employer that you must appear for the examination and that you do not have a choice in the matter. If you do not appear, you will eventually get arrested and brought to Court by the police.
Q. Just before our separation, my husband added my name to the home loan to help build up my credit. Now he refuses to pay the mortgage and just wants the house to be foreclosed on. I am living with my parents now, and cannot afford to pay the mortgage. What can I do?
A. You need to file an Ex-Parte Motion with the Court in your divorce action to force your husband to pay the mortgage. Time is of essence. The family residence is a community asset, and if there is equity in the house, it must be preserved in order to divide that equity fairly between the parties. Your husband’s actions are unfair and selfish.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
Legal Eaze #71 Lost Driver's License/Lost Luggage
Title: June 20, 2007
Q. I just found out that I lost my driver’s license after I failed to show up in Court for a traffic citation I received for failing to wear my seatbelt. I have to drive my kids to school and to go to work everyday. I don’t have a chauffeur to drive me around. It is OK if I still drive?
A. Unless you can’t afford to be treated like Paris Hilton, and go to jail for 35 days (or however long she was ordered to serve in jail), that is what will happen to you if you keep driving without a driver’s license. You need to take care of the traffic citation first, pay the fine and re-instate your driver’s license. The only way you can re-instate your driver’s license is if you go to Court at 8:00 AM (whichever Courthouse you were scheduled to appear in) tell the clerk at the desk that you want to take care of the old traffic citation. You will have to plead guilty, not guilty or no contest. If you plead not guilty and want a trial, you will have to post bail before you can get a trial date, because you already failed to appear once. So the Court will not trust you again and will require posting bail. When you show up at your trial, you will get your money back if you are found not guilty. If you are found guilty, you have already posted bail, which is usually the amount of the fine. If you pled no contest at the arraignment, you will be given a fine which you will have to pay. At that point, you can request that the DMV reinstate your driver’s license.
Q. I went on a trip to Europe two months ago. The airline I traveled with lost my luggage. I found myself in Madrid without a single item of clothing or shoes, or my toothbrush for that matter. I made a complaint to the airline company, but to this day, I have yet to receive my suitcase. I had some really nice clothes in my bag and jewelry that was worth quite a bit of money. What can I do?
A. Make sure that you document the items contained in your suitcase, as well as their approximate value. Find out the name of the President of the airline company, his/her address and write a certified letter of complaint to the president. I find that if writing to a lowly employee of the company does not work, I go to the head of the company. Such action always brings swift results. Try that and see if it works. I hope you still have your ticket. Explanations on how to make a claim for lost luggage should be printed on the back of the ticket. You can also go on the airline company’s website for additional information.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Q. I just found out that I lost my driver’s license after I failed to show up in Court for a traffic citation I received for failing to wear my seatbelt. I have to drive my kids to school and to go to work everyday. I don’t have a chauffeur to drive me around. It is OK if I still drive?
A. Unless you can’t afford to be treated like Paris Hilton, and go to jail for 35 days (or however long she was ordered to serve in jail), that is what will happen to you if you keep driving without a driver’s license. You need to take care of the traffic citation first, pay the fine and re-instate your driver’s license. The only way you can re-instate your driver’s license is if you go to Court at 8:00 AM (whichever Courthouse you were scheduled to appear in) tell the clerk at the desk that you want to take care of the old traffic citation. You will have to plead guilty, not guilty or no contest. If you plead not guilty and want a trial, you will have to post bail before you can get a trial date, because you already failed to appear once. So the Court will not trust you again and will require posting bail. When you show up at your trial, you will get your money back if you are found not guilty. If you are found guilty, you have already posted bail, which is usually the amount of the fine. If you pled no contest at the arraignment, you will be given a fine which you will have to pay. At that point, you can request that the DMV reinstate your driver’s license.
Q. I went on a trip to Europe two months ago. The airline I traveled with lost my luggage. I found myself in Madrid without a single item of clothing or shoes, or my toothbrush for that matter. I made a complaint to the airline company, but to this day, I have yet to receive my suitcase. I had some really nice clothes in my bag and jewelry that was worth quite a bit of money. What can I do?
A. Make sure that you document the items contained in your suitcase, as well as their approximate value. Find out the name of the President of the airline company, his/her address and write a certified letter of complaint to the president. I find that if writing to a lowly employee of the company does not work, I go to the head of the company. Such action always brings swift results. Try that and see if it works. I hope you still have your ticket. Explanations on how to make a claim for lost luggage should be printed on the back of the ticket. You can also go on the airline company’s website for additional information.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Legal Eaze #69 Hit and Run/Will
Title: May 23, 2007
Q. I attended a court hearing and parked my car on the street in front of the Courthouse because there was simply no parking available in the parking lot. When I came out of the hearing, my bumper had been torn from my car, the whole side of the car had been scraped and no one in sight that witnessed the accident. What am I supposed to do now?
A. The first thing you must do is to call the police and report the “hit and run” accident. Second, you have to call your insurance company and report the claim. Third, you have to arrange to get your car repaired. Fourth, hopefully your insurance will cover a rental car so that you have a vehicle to get to work and continue on with your life. If your insurance does not cover the rental car, you will have to pay for it out of your own pocket. Obviously, you do not know who hit your car, and unless you find a witness to the accident, you will never find out. Your own insurance will cover your loss. You will have to pay the deductible.
Q. I am young, poor and single. Why should I have a will?
A. If you are single and die without a will, all of your assets will generally go to your next of kin. If you do not have any children, and your parents are still alive, that means they will get your diary, the one in which you wrote all of your dirty secrets when you were a kid, your love letters, porn stash, naked photos or private sex videos of you that your ex-girlfriend took, items that you would rather have your parents know nothing about. You need to name an “executor”, someone you trust to dispose of the private things you would prefer be destroyed or go to a specific person. If you have a dog or a cat, your will can designate who will take care of your animals. It is important to specify how your pet will be taken care of and by whom. If you get married and have children after you write your will, you need to update it. One should always update his/her will when a major event occurs, or if you experience a significant change in your financial situation. You can also exclude anyone of your choosing from receiving anything under your will. Consider that a will, at the very least, is the insurance that your assets will go where you want them to go. I also advise anyone who owns real estate to have a revocable living trust.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Q. I attended a court hearing and parked my car on the street in front of the Courthouse because there was simply no parking available in the parking lot. When I came out of the hearing, my bumper had been torn from my car, the whole side of the car had been scraped and no one in sight that witnessed the accident. What am I supposed to do now?
A. The first thing you must do is to call the police and report the “hit and run” accident. Second, you have to call your insurance company and report the claim. Third, you have to arrange to get your car repaired. Fourth, hopefully your insurance will cover a rental car so that you have a vehicle to get to work and continue on with your life. If your insurance does not cover the rental car, you will have to pay for it out of your own pocket. Obviously, you do not know who hit your car, and unless you find a witness to the accident, you will never find out. Your own insurance will cover your loss. You will have to pay the deductible.
Q. I am young, poor and single. Why should I have a will?
A. If you are single and die without a will, all of your assets will generally go to your next of kin. If you do not have any children, and your parents are still alive, that means they will get your diary, the one in which you wrote all of your dirty secrets when you were a kid, your love letters, porn stash, naked photos or private sex videos of you that your ex-girlfriend took, items that you would rather have your parents know nothing about. You need to name an “executor”, someone you trust to dispose of the private things you would prefer be destroyed or go to a specific person. If you have a dog or a cat, your will can designate who will take care of your animals. It is important to specify how your pet will be taken care of and by whom. If you get married and have children after you write your will, you need to update it. One should always update his/her will when a major event occurs, or if you experience a significant change in your financial situation. You can also exclude anyone of your choosing from receiving anything under your will. Consider that a will, at the very least, is the insurance that your assets will go where you want them to go. I also advise anyone who owns real estate to have a revocable living trust.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Monday, March 23, 2009
Legal Eaze #64 Conservatorship/Bankrupt Store Claim
Title: February 21, 2007
Q. My son is 38 years old. He is schizophrenic and manic-depressive. He cannot keep a job, and gets into trouble with the law all the time. He receives disability checks, but spends the money within 2 or 3 days after receiving it. The rest of the month, he is broke. He spends his money on beer, cigarettes and buys stuff for his “friends”. His friends are freeloaders who take advantage of his disability. He comes to my house just about every day to get fed, take a shower and get his clothes washed, but otherwise, I don’t know where he sleeps. He refuses to tell me. I tried to follow him but was unsuccessful. What should I do to help him?
A. It appears that your son may need a conservator. As his mother, you can file a Petition for Conservatorship over his person and his estate with the Superior Court. The Court will appoint an investigator (at your cost) to find out whether or not a conservatorship is the right way to go. If you are appointed his conservator (for the person and the estate), you will have the power to make decisions about how his money is spent, and where he will live, among other responsibilities. His care and well-being will be in your hands. A temporary Conservatorship might be granted by the Court (you have to file a Petition for Temporary Conservatorship at the same time as the Petition for General Conservatorship) until the Court investigator has completed a report. This process would be simplified if your son is willing to cooperate and agrees with your conservatorship over him.
Q. I purchased a diamond ring for my wife to give to her during the holidays. I bought it from a jewelry store that since went bankrupt. I paid several hundreds of dollars for the ring. My wife had the ring appraised and found out that the stone is a cubic zirconium, a total fake. I am furious at myself for having been fooled. My wife is furious at me for giving her a fake diamond ring. What do you suggest I do?
A. Since the company has filed for bankruptcy, you need to find out where the bankruptcy case was filed and file a claim with the Bankruptcy Court. If the store gave you a certificate of authenticity with the diamond ring, that can be used as proof that you overpaid for the CZ ring. It might be too late for you to file a claim, depending on how long ago the store filed bankruptcy, but it does not hurt to try.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Q. My son is 38 years old. He is schizophrenic and manic-depressive. He cannot keep a job, and gets into trouble with the law all the time. He receives disability checks, but spends the money within 2 or 3 days after receiving it. The rest of the month, he is broke. He spends his money on beer, cigarettes and buys stuff for his “friends”. His friends are freeloaders who take advantage of his disability. He comes to my house just about every day to get fed, take a shower and get his clothes washed, but otherwise, I don’t know where he sleeps. He refuses to tell me. I tried to follow him but was unsuccessful. What should I do to help him?
A. It appears that your son may need a conservator. As his mother, you can file a Petition for Conservatorship over his person and his estate with the Superior Court. The Court will appoint an investigator (at your cost) to find out whether or not a conservatorship is the right way to go. If you are appointed his conservator (for the person and the estate), you will have the power to make decisions about how his money is spent, and where he will live, among other responsibilities. His care and well-being will be in your hands. A temporary Conservatorship might be granted by the Court (you have to file a Petition for Temporary Conservatorship at the same time as the Petition for General Conservatorship) until the Court investigator has completed a report. This process would be simplified if your son is willing to cooperate and agrees with your conservatorship over him.
Q. I purchased a diamond ring for my wife to give to her during the holidays. I bought it from a jewelry store that since went bankrupt. I paid several hundreds of dollars for the ring. My wife had the ring appraised and found out that the stone is a cubic zirconium, a total fake. I am furious at myself for having been fooled. My wife is furious at me for giving her a fake diamond ring. What do you suggest I do?
A. Since the company has filed for bankruptcy, you need to find out where the bankruptcy case was filed and file a claim with the Bankruptcy Court. If the store gave you a certificate of authenticity with the diamond ring, that can be used as proof that you overpaid for the CZ ring. It might be too late for you to file a claim, depending on how long ago the store filed bankruptcy, but it does not hurt to try.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Legal Eaze #49 Apartment Property Damage/Informal Custody
Title: June 28, 2006
Q. I live in an apartment and my car was parked in front of the apartment building. The property management hired a weedwacking service and as the man was using his weedwacker, a rock flew up and hit my windshield, breaking it. I had just parked my car and was walking away from it when it happened. I saw the rock hit my windshield. What can I do?
A. Ask your property management to give you the name of the company that was taking care of the weedwacking. They should be insured for this type of damage. If they are not, then your property management should give information about the building’s property insurance for any damage that occurs on the grounds of the apartment building. You then make a claim with the insurance company. You obviously are going to need at least a couple of estimates on the repair.
Q.My husband and I are grandparents to two wonderful boys whom we have had in our care for approximately ten years. We never petitioned the court for their guardianship. My son, their father, who was awarded custody of his two boys, left them with us. Obviously, this is just an informal arrangement. But we are very attached to these boys and treat them like our own children. It is possible that their father could decide to pick them up some day and take them away from us?
A. Yes, it is possible, since you did not formalize your relationship with these boys through the court. However, if the boys are happy with you, doing well in school and their lives are stable, you could certainly dispute their father’s sudden interest in the children, especially if the boys have been in your care for 10 years. The court is most favorable to keeping the status quo, and if these children have been well taken care of for 10 years, it is very likely that you would be awarded permanent guardianship. You need to realize that you might have to fight your son for custody of the children in court and it might be a costly endeavor, but the best interest of the children is what is most important here, and the court will hopefully realize that you have the best of the children at heart.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Q. I live in an apartment and my car was parked in front of the apartment building. The property management hired a weedwacking service and as the man was using his weedwacker, a rock flew up and hit my windshield, breaking it. I had just parked my car and was walking away from it when it happened. I saw the rock hit my windshield. What can I do?
A. Ask your property management to give you the name of the company that was taking care of the weedwacking. They should be insured for this type of damage. If they are not, then your property management should give information about the building’s property insurance for any damage that occurs on the grounds of the apartment building. You then make a claim with the insurance company. You obviously are going to need at least a couple of estimates on the repair.
Q.My husband and I are grandparents to two wonderful boys whom we have had in our care for approximately ten years. We never petitioned the court for their guardianship. My son, their father, who was awarded custody of his two boys, left them with us. Obviously, this is just an informal arrangement. But we are very attached to these boys and treat them like our own children. It is possible that their father could decide to pick them up some day and take them away from us?
A. Yes, it is possible, since you did not formalize your relationship with these boys through the court. However, if the boys are happy with you, doing well in school and their lives are stable, you could certainly dispute their father’s sudden interest in the children, especially if the boys have been in your care for 10 years. The court is most favorable to keeping the status quo, and if these children have been well taken care of for 10 years, it is very likely that you would be awarded permanent guardianship. You need to realize that you might have to fight your son for custody of the children in court and it might be a costly endeavor, but the best interest of the children is what is most important here, and the court will hopefully realize that you have the best of the children at heart.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
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