Title: June 14, 2006
Q. My brother and his wife just had a baby girl a few weeks ago. They live in Florida. His wife came to spend some time with her parents here in California and brought the baby with her. The next thing we know, the wife filed for sole custody of the baby in California and does not plan to go back to Florida. Can she do that?
A. A petition for custody needs to be filed in the Court that has jurisdiction in accordance with the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The “home state” means the state in which a child lived with a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. Obviously the baby is not even six months old yet. Unless “emergency” jurisdiction applies, i.e. there is a genuine “immediate” and “substantial harm” to the child or the mother, the California court will more than likely refuse to make a decision in the case because it does not have jurisdiction over the child. However, if your brother has a violent temper and she fears for her own safety or the safety of the child, then “emergency” jurisdiction would apply and the California court will make a decision either on an ex-parte basis or after a second hearing to allow both parties to prepare their argument in writing.
Q. I bought a carton of Snapple tea bottles from a grocery store (24 bottles were included). A few days later, I picked up a bottle and was getting ready to open it when I noticed some strange green stuff inside the bottle. I grossed me out and I vomited the meal I had just eaten. I returned the bottle to the store and an employee took a report, but nothing was done to reimburse me for the trouble I went through. What can I do?
A. Other than the dinner you lost, were you injured? Did you have to go to the hospital or doctor for mental stress? There is little you can do because your damages are minimal. You could bill the store for the meal you lost. The store where you bought the tea did not manufacture the bottles and it would be up to the manufacturer to reimburse you for the damages you suffered. If I was the owner of the store, I would probably offer you another carton just to appease you. Make sure that the bottle you are about to drink from is still sealed. It is possible that the bottle was “banged” around and the seal was broken. The “green stuff” you saw inside the bottle was probably harmless mold.
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
Showing posts with label manufacturer. Show all posts
Showing posts with label manufacturer. Show all posts
Monday, March 23, 2009
Monday, January 5, 2009
Legal Eaze #20 Mobile Home/ House Renting
Originally Printed: April 6, 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.
Q. Last year, I had a brand new mobile home installed on my 2.5 acre parcel of land. Unfortunately, some of the piers installed under the house have cracked and are crumbling. I am afraid the others will do the same and the house will collapse. I believe the constant rain of the past two months may have been a contributing factor to this phenomena. What can I do?
A. You are short on details as to any warranties given to you by the manufacturer or the installer of the mobile home. Installation of a mobile home should come with a warranty of some kind, especially with respect to materials used and their compatibility with their end use. You need to look to the relationship between the manufacturer of your mobile home and the company that installed it on your land. Are they one and the same? How much experience did the installer have installing mobile homes, and with this particular type of mobile home? Is the land the mobile home installed on stable, or has the rain undermined or caused the soil to collapse under the house?
Q. I have been renting a house for the last 15 years. It is now time to repaint and to have the carpeting changed, as the existing carpet is torn and ragged and the paint is peeling in several areas. I have asked the owner of the house to do so but he refuses to spend any money. My rent is $1,300 a month and should not be ashamed of the conditions in which I am living. What should I do?
A. If no painting has been done in 15 years and the condition of the carpet is such that it presents a danger to you, the owner owes you new carpeting and a new painting job. If after you have given him a 30-day notice, he still refuses to do anything, you can proceed with doing the work necessary and deduct it from the rent. If the work costs more than $1,300, then do it over a longer period of time so as to get all of your money back from the rent. No one should be required to live with peeling paint and torn carpeting. Rent of $1,300 a month is a substantial sum and you are entitled to habitable quarters for that kind of money.
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.
Q. Last year, I had a brand new mobile home installed on my 2.5 acre parcel of land. Unfortunately, some of the piers installed under the house have cracked and are crumbling. I am afraid the others will do the same and the house will collapse. I believe the constant rain of the past two months may have been a contributing factor to this phenomena. What can I do?
A. You are short on details as to any warranties given to you by the manufacturer or the installer of the mobile home. Installation of a mobile home should come with a warranty of some kind, especially with respect to materials used and their compatibility with their end use. You need to look to the relationship between the manufacturer of your mobile home and the company that installed it on your land. Are they one and the same? How much experience did the installer have installing mobile homes, and with this particular type of mobile home? Is the land the mobile home installed on stable, or has the rain undermined or caused the soil to collapse under the house?
Q. I have been renting a house for the last 15 years. It is now time to repaint and to have the carpeting changed, as the existing carpet is torn and ragged and the paint is peeling in several areas. I have asked the owner of the house to do so but he refuses to spend any money. My rent is $1,300 a month and should not be ashamed of the conditions in which I am living. What should I do?
A. If no painting has been done in 15 years and the condition of the carpet is such that it presents a danger to you, the owner owes you new carpeting and a new painting job. If after you have given him a 30-day notice, he still refuses to do anything, you can proceed with doing the work necessary and deduct it from the rent. If the work costs more than $1,300, then do it over a longer period of time so as to get all of your money back from the rent. No one should be required to live with peeling paint and torn carpeting. Rent of $1,300 a month is a substantial sum and you are entitled to habitable quarters for that kind of money.
Sunday, January 4, 2009
Legal Eaze #15 Fireplace/ Community Property
Originally Printed: February 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. Recently we had our fireplace replaced, only to find out that it smokes and leaves soot on the masonry. All of our attempts to contact the manufacturer and have the problem fixed have been unsuccessful. What do we do?
A. Did the manufacturer install the fireplace or did you have someone else install it? It is possible that the installer did not follow the manufacturer’s instructions, in which case it is the installer who needs to fix the problem rather than the manufacturer. If the manufacturer provided the installation as well, you need to find out how much it would cost to fix the problem and have an attorney write a letter to the manufacturer, specifically requesting the amount it would cost to fix the problem so that you can hire your own repair person if the manufacturer refuses to fix it. If the attorney letter is ignored, then you should sue the manufacturer in Small Claims Court, if the amount is less than $7,500. Small Claims Court is very informal and the fastest way to get results in court without an attorney.
Q. I have read somewhere that California is a “community property” state. What does that mean?
A. It means that when you are married, you develop a community estate during the marriage. Both spouses’ income is considered community property, that is, each spouse is entitled to half of the income made by the other. If you purchase a house during the marriage, each spouse owns half of the equity developed during the marriage. Same goes with a car, furniture, stocks, bonds, jewelry and various other assets. Each party is also liable for the debts incurred by the family. However, such debts are not necessarily divided in half if a divorce eventually is granted because it depends on the income of each party and which party incurred each debt, as well as which party the debt benefited. Generally speaking, both spouses are entitled to half of everything that was acquired during the marriage. However, certain assets could be considered separate property if acquired with inherited or bequested money. An inheritance or bequest is separate property of the party who obtained it through death of a family member.
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. Recently we had our fireplace replaced, only to find out that it smokes and leaves soot on the masonry. All of our attempts to contact the manufacturer and have the problem fixed have been unsuccessful. What do we do?
A. Did the manufacturer install the fireplace or did you have someone else install it? It is possible that the installer did not follow the manufacturer’s instructions, in which case it is the installer who needs to fix the problem rather than the manufacturer. If the manufacturer provided the installation as well, you need to find out how much it would cost to fix the problem and have an attorney write a letter to the manufacturer, specifically requesting the amount it would cost to fix the problem so that you can hire your own repair person if the manufacturer refuses to fix it. If the attorney letter is ignored, then you should sue the manufacturer in Small Claims Court, if the amount is less than $7,500. Small Claims Court is very informal and the fastest way to get results in court without an attorney.
Q. I have read somewhere that California is a “community property” state. What does that mean?
A. It means that when you are married, you develop a community estate during the marriage. Both spouses’ income is considered community property, that is, each spouse is entitled to half of the income made by the other. If you purchase a house during the marriage, each spouse owns half of the equity developed during the marriage. Same goes with a car, furniture, stocks, bonds, jewelry and various other assets. Each party is also liable for the debts incurred by the family. However, such debts are not necessarily divided in half if a divorce eventually is granted because it depends on the income of each party and which party incurred each debt, as well as which party the debt benefited. Generally speaking, both spouses are entitled to half of everything that was acquired during the marriage. However, certain assets could be considered separate property if acquired with inherited or bequested money. An inheritance or bequest is separate property of the party who obtained it through death of a family member.
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