Title: January 3, 2007
Q. I was driving on Highline and needed to turn left at Steuber. I had my left signal on, but I hit a patch of black ice and my car began skidding. I realized that I needed to pump the brakes until my car was fully stopped. I went a few feet past Steuber, but was able to finally stop to make my left turn. The car behind me hit my car as I was trying to maneuver my left turn. Who is at fault?
A. More than likely, the person who was driving the car behind you. He/she should not have been so close to you as to hit your car, especially if you had your left signal on. He/she knew that you were making a left turn and should not have been driving so fast as to defeat what you were trying to do. However, it is possible that both your insurance companies may ascertain that your maneuver was a significant contributing factor to the accident. You also needed to correctly assess the slippery conditions of the road and allow for potential problems, thereby lowering your speed to enable you to turn left in a safe manner, black ice or not.
Q. I found out that I live next door to a man who was found guilty of being a child molester. His name was obtained through Megan’s law/National Sex Offenders Registry. I do not want my children to be targeted by this man and I am afraid to continue living next to him. What can I do?
A. Short of having a petition signed by your entire neighborhood requesting that this man be moved to another location and for legal reasons that must be sufficient to make him move, there is not much you can do. Obviously, this man has to live somewhere, and it is usually next to someone else. Unless he starts acting suspiciously and reverts back to his old habits, you will have to accept the reality that he has the right to live anywhere he wants as long as he does not prey on children. If you simply cannot accept this fact, you need to move elsewhere. I realize that a legal system that allows someone to get hurt before a suspect is arrested and tried may not seem to be fair or just, however that is how such a system of “innocence is presumed until proven guilty” works.
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
Showing posts with label petition. Show all posts
Showing posts with label petition. Show all posts
Monday, March 23, 2009
Wednesday, December 31, 2008
Legal Eaze #4 Plumbing Code/ Health Care/ Affidavit of Death
Originally Printed: August 4, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. When I bought a house two years ago, the septic system was pumped, inspected and certified. I decided to sell it and I had to have it re-pumped, re-inspected and re-certified. I hired a different company but was informed that the septic tank was in violation of the Uniform Plumbing Code and its inspector refused to certify it, stating it would have to be moved before certifying it. Of course, I contacted the first company and after spending money for their industrial engineer, his report stated that despite the non-compliance, the structural integrity of the house was not affected. Nevertheless, I had to pay $4,700 to have a new septic tank installed in order to sell the house. Who is at fault?
A. The company that inspected and certified the septic system when you initially bought the house needs to stand behind their inspection and certification. The fact that you needed another pumping after only 18 months of use should have been a clue there was something wrong with the system. You may also look to the predecessor owner of that house for failure to disclose, especially if the system needed to be pumped more often than what is considered normal.
Q. My mother has Alzheimer’s and she can no longer take care of herself and her affairs. What can I do?
A. I hope you, or someone else, have Powers of Attorney for Health Care and Financial Decisions over her. If you do not have such powers, you must file a Petition to become her conservator, that is, you ask the Court’s permission to become the person responsible for making decisions about her health care and about her financial affairs. You cannot represent yourself in such a petition, you must be represented by an attorney.
Q. My father and I owned a house as joint tenants. He died three months ago and I want to sell the house. What must I do?
A. You need to file an Affidavit of Death with the county recorder so that title of the house will be transferred into your name alone. One of the advantages of owning property in joint tenancy is the right of survivorship, i.e. the property will be owned by the survivor. But you need to let the county recorder know that one of the joint tenants died.
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 moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. When I bought a house two years ago, the septic system was pumped, inspected and certified. I decided to sell it and I had to have it re-pumped, re-inspected and re-certified. I hired a different company but was informed that the septic tank was in violation of the Uniform Plumbing Code and its inspector refused to certify it, stating it would have to be moved before certifying it. Of course, I contacted the first company and after spending money for their industrial engineer, his report stated that despite the non-compliance, the structural integrity of the house was not affected. Nevertheless, I had to pay $4,700 to have a new septic tank installed in order to sell the house. Who is at fault?
A. The company that inspected and certified the septic system when you initially bought the house needs to stand behind their inspection and certification. The fact that you needed another pumping after only 18 months of use should have been a clue there was something wrong with the system. You may also look to the predecessor owner of that house for failure to disclose, especially if the system needed to be pumped more often than what is considered normal.
Q. My mother has Alzheimer’s and she can no longer take care of herself and her affairs. What can I do?
A. I hope you, or someone else, have Powers of Attorney for Health Care and Financial Decisions over her. If you do not have such powers, you must file a Petition to become her conservator, that is, you ask the Court’s permission to become the person responsible for making decisions about her health care and about her financial affairs. You cannot represent yourself in such a petition, you must be represented by an attorney.
Q. My father and I owned a house as joint tenants. He died three months ago and I want to sell the house. What must I do?
A. You need to file an Affidavit of Death with the county recorder so that title of the house will be transferred into your name alone. One of the advantages of owning property in joint tenancy is the right of survivorship, i.e. the property will be owned by the survivor. But you need to let the county recorder know that one of the joint tenants died.
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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