Title: January 16, 2008
Q. I purchased several Christmas gifts online to be shipped to my sister’s kids in New York. I ordered the gifts at the beginning of December. I just received my credit card bill and the same gifts were billed on my card twice. I called the online company but I am being given the total runaround. What should I do?
A. You need to call your credit card company and file a complaint. Then you need to write a letter to the company you ordered the gifts from and put your complaint in writing. Make sure you address your letter to the President or CEO of the company, and send it by registered or certified mail. Keep a copy of your letter. I would suggest that you mention you will contact the attorney general of the company’s state if you do not obtain a satisfactory result. If you haven’t received a reply within a reasonable time (give it a month), then contact the attorney general of the state in which the company is located and file a complaint with the attorney general. Not only can you get the information online, but with most attorney general’s offices, you can file the complaint online.
Q. I was sued in Superior Court. I filed a cross-complaint at the beginning of December and served it on the attorney. I have yet to receive an answer to my cross-complaint. Isn’t the “answer” time barred by now?
A. Typically, a cross-complaint has to be served on the party himself, unless the attorney informs you that he had permission to be served on behalf of his client. A cross-complaint must be answered 30 days after it was served, the same timeframe as a regular complaint. You should call this attorney and find out if it is was permissible to serve the attorney rather than the attorney’s client. Not every attorney is retained to file a lawsuit on behalf of a client, and to represent him as a cross-defendant as well. If the attorney tells you that he cannot accept service on behalf of the client, then you have to serve the cross-complaint on the cross-defendant. Hire a process server or a sheriff to do that. Even better, hire an attorney so that the entire lawsuit can be handled properly.
Maxine de Villefranche is an attorney and civil general practitioner with 15 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
Showing posts with label complaint. Show all posts
Showing posts with label complaint. Show all posts
Tuesday, March 24, 2009
Monday, March 23, 2009
Legal Eaze #50 Disturbing Tenant/Weird Laws
Title: July 19, 2006
Q. I am a tenant in an apartment building where I was assaulted by another tenant. I made a complaint to the police. I did not know this guy but when I talked to the landlord about him, he informed me that this guy gets drunk then goes around threatening everybody. He apparently got into a fight with another tenant who obtained a restraining order against him, so the landlord moved him to another apartment about 4 to 5 doors down from me. Now he yells at me or my wife as he goes by our place or just sits in front of our place for hours yelling at the world. Can I sue the landlord for keeping this guy around and can I get punitive damages?
A. You are owed quiet enjoyment of your apartment by the landlord. If the landlord knows this man is harassing other tenants, it is his duty to evict him. Punitive damages may or may not be awarded by a court depending on how malicious and/or despicable the landlord’s conduct is with regards to all of his tenants. Punitive damages are not always easy to be awarded and are always contingent upon the conduct of the defendant. I truly believe that this man may be an escaped mental patient and should be returned to the mental ward. Have you thought of obtaining your very own restraining order against this crazy man?
Weird laws in California:
1. Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
2. Bathhouses are against the law.
3. It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
4. Women may not drive in a house coat.
In New York:
1. A fine of $25 can be levied for flirting. This old law specifically prohibits men from turning around on any city street and looking “at a woman in that way”. A second conviction for a crime of this magnitude calls the violating male to be forced to wear a “pair of horse-blinders” wherever and whenever he goes outside for stroll.
2. It is against the law to throw a ball at someone’s head for fun.
3. A license must be purchased before hanging clothes on a clothesline.
4. The penalty for jumping off a building is death.
In Florida:
1. Women may be fined for falling asleep under a hair dryer, as can the salon owner.
2. A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine and/or jailing.
3. If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle.
4. It is illegal to sing in a public place while attired in a swimsuit.
5. Men may not be seen publicly in any kind of strapless gown.
6. Having sexual relations with a porcupine is illegal.
7. It is illegal to skateboard without a license.
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 am a tenant in an apartment building where I was assaulted by another tenant. I made a complaint to the police. I did not know this guy but when I talked to the landlord about him, he informed me that this guy gets drunk then goes around threatening everybody. He apparently got into a fight with another tenant who obtained a restraining order against him, so the landlord moved him to another apartment about 4 to 5 doors down from me. Now he yells at me or my wife as he goes by our place or just sits in front of our place for hours yelling at the world. Can I sue the landlord for keeping this guy around and can I get punitive damages?
A. You are owed quiet enjoyment of your apartment by the landlord. If the landlord knows this man is harassing other tenants, it is his duty to evict him. Punitive damages may or may not be awarded by a court depending on how malicious and/or despicable the landlord’s conduct is with regards to all of his tenants. Punitive damages are not always easy to be awarded and are always contingent upon the conduct of the defendant. I truly believe that this man may be an escaped mental patient and should be returned to the mental ward. Have you thought of obtaining your very own restraining order against this crazy man?
Weird laws in California:
1. Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
2. Bathhouses are against the law.
3. It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
4. Women may not drive in a house coat.
In New York:
1. A fine of $25 can be levied for flirting. This old law specifically prohibits men from turning around on any city street and looking “at a woman in that way”. A second conviction for a crime of this magnitude calls the violating male to be forced to wear a “pair of horse-blinders” wherever and whenever he goes outside for stroll.
2. It is against the law to throw a ball at someone’s head for fun.
3. A license must be purchased before hanging clothes on a clothesline.
4. The penalty for jumping off a building is death.
In Florida:
1. Women may be fined for falling asleep under a hair dryer, as can the salon owner.
2. A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine and/or jailing.
3. If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle.
4. It is illegal to sing in a public place while attired in a swimsuit.
5. Men may not be seen publicly in any kind of strapless gown.
6. Having sexual relations with a porcupine is illegal.
7. It is illegal to skateboard without a license.
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
Thursday, March 12, 2009
Legal Eaze #33 landscaping damage/ care for children after death
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.
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.
Sunday, January 4, 2009
Legal Eaze #17 Water Runoff/Animal Regulation
Originally Printed: March 9, 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. Our house sits in the middle of a small valley formation which has a caused us substantial problems with all the rain we’ve had. The runoff comes right to our back door. I dug a canal leading from the top of our backyard all the way to one side of my property, on the line between my neighbor’s property and ours. Since our entire property is on an incline going down toward the road, I figured the water will just go straight down to the road and keep going down the hill. My neighbor informed me that the water runoff is now coming straight at his house and he is very angry. What do we do?
A. By digging a canal to let the water runoff go to the side of your property instead of right at your house, you have created a monster. First of all, your house was obviously built in the wrong place. Second, you cannot divert your problem to your neighbor. Although I am not a builder, you should continue digging the canal all the way to the road. A soon as the weather permits, you should install “French gulches” going around both sides of your house all the way to the road. If you have caused damage to your neighbor’s property, you are liable for such damages. If you bought this house from someone else, they should have told you that you would have a big problem during the rainy season. However, to be frank, this problem should have been obvious the minute you bought this house or had it built.
Q. As I was walking in my neighborhood with my two little dogs on a leash, a large dog came out of a front yard and attacked my dogs. While I tried to protect my animals, the black bit me on the leg. One of my dogs had a huge gash on its hip and my other dog managed to get loose and ran away. He came home after spending 24 hours in the rain and developed a bad cough. I went by the house where the dog lives, but there’s never anyone there. What can I do?
A. You need to call the Department of Animal Regulation and make a complaint. They will investigate. However, in order to get reimbursed for your bit and the veterinary care of your animals, you need to find out who owns the house and who owns the dob. That person is liable for your damages. The law is very clear in that dogs must be restrained and if someone is injured by a loose dog, its owner is strictly liable.
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. Our house sits in the middle of a small valley formation which has a caused us substantial problems with all the rain we’ve had. The runoff comes right to our back door. I dug a canal leading from the top of our backyard all the way to one side of my property, on the line between my neighbor’s property and ours. Since our entire property is on an incline going down toward the road, I figured the water will just go straight down to the road and keep going down the hill. My neighbor informed me that the water runoff is now coming straight at his house and he is very angry. What do we do?
A. By digging a canal to let the water runoff go to the side of your property instead of right at your house, you have created a monster. First of all, your house was obviously built in the wrong place. Second, you cannot divert your problem to your neighbor. Although I am not a builder, you should continue digging the canal all the way to the road. A soon as the weather permits, you should install “French gulches” going around both sides of your house all the way to the road. If you have caused damage to your neighbor’s property, you are liable for such damages. If you bought this house from someone else, they should have told you that you would have a big problem during the rainy season. However, to be frank, this problem should have been obvious the minute you bought this house or had it built.
Q. As I was walking in my neighborhood with my two little dogs on a leash, a large dog came out of a front yard and attacked my dogs. While I tried to protect my animals, the black bit me on the leg. One of my dogs had a huge gash on its hip and my other dog managed to get loose and ran away. He came home after spending 24 hours in the rain and developed a bad cough. I went by the house where the dog lives, but there’s never anyone there. What can I do?
A. You need to call the Department of Animal Regulation and make a complaint. They will investigate. However, in order to get reimbursed for your bit and the veterinary care of your animals, you need to find out who owns the house and who owns the dob. That person is liable for your damages. The law is very clear in that dogs must be restrained and if someone is injured by a loose dog, its owner is strictly liable.
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